Government Can't Block Pot Clubs Complying with State Laws: Judge - NBC Bay Area
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Government Can't Block Pot Clubs Complying with State Laws: Judge

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    A federal judge found the federal government has no ability to block the operation of a pot club as long as the operator complies with state laws. Mark Matthews reports. (Published Monday, Oct. 19, 2015)

    A federal judge on Monday found the federal government has no ability to block the operation of a pot club as long as the operator complies with state law.

    Lynette Shaw opened the first licensed medical marijuana dispensary in the San Francisco area, which also was the first in the nation. Shaw's dispensary operated in Fairfax until 2011 when feds shut it down.

    Since her Marin County dispensary was shut down, Shaw has been in and out of court more than 100 times trying to fight the decision. Monday's landmark decision ended the battle.

    Congress decided last December to stop funding federal prosecutions of medical marijuana operations that were abiding by state laws.

    U.S. Judge Charles Breyer found the decision held sway over the Department of Justice, which meant the federal injunction against Shaw and her dispensary was unenforceable.

    Shaw's attorney, Greg Anton, said Breyer's decision is a tipping point.

    "The law is clear there will be no funds expended for interfering with California state medical marijuana laws," Anton said.

    Calls and e-mails to the U.S Attorney's Office seeking comment were not returned Monday. Lawyers with the U.S. Attorney's Office have 30 days to appeal Breyer's ruling.

    Shaw said she would like to reopen her medical pot dispensary in Fairfax and has started a GoFundMe account to help raise the money.

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