SFDA: 'Marijuana Sales Are Illegal'

San Francisco's top prosecutor is getting tough on legal weed. As in, there is no such thing.

By Chris Roberts
|  Wednesday, Mar 28, 2012  |  Updated 4:36 PM PDT
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San Francisco District Attorney George Gascón.

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San Francisco allows medical marijuana to be sold at city-licensed dispensaries to people with doctor's recommendations. That's a problem, according to District Attorney George Gascon -- who says the practice is illegal.

"Marijuana sales are illegal," Gascon wrote in a legal brief filed earlier this month, saying that it's a "myth" that "marijuana-selling outlets" are protected under state law.

Gascón made the filing in the case of a marijuana deliveryperson arrested by police and charged with felony drug possession and dealing, according to the San Francisco Examiner.

The deliveryperson was working for a licensed medical marijuana collective, according to her attorney, former DA Terence Hallinan, who provided prosecutors with the paperwork to prove it. In response, Gascón filed the brief that says state law does not provide protection for marijuana sales, even in medical situations.

Gascon's office declined to comment on the brief. Defense attorneys specializing in medical marijuana law said that Gascón's argument "tortures" state law and conflicts with city law that allows dispensaries to get a license as long as they have Board of Equalizations seller's permits and pay state sales tax.

Gascon's office said the brief filed is old and dates to Kamala Harris's administration. Meanwhile, Gascon has not dropped the case, attorney Brendan Hallinan said.
 

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