Oral Arguments Cancelled In Case Involving Medical Marijuana Dispensaries and Congressman Bilbray’s Daughter’s Efforts to Halt Fed Crackdown

by on March 1, 2012 · 5 comments

in Civil Rights, Health, San Diego

Briana Bilbray has bravely made a name for herself in her efforts to have California uphold the voters' voice on legalizing medical marijuana. Photo courtesy of Briana Bilbray.

Judge Cancels Oral Arguments in Case involving Briana Bilbray and Dispensaries Seeking Injunction to Stop Federal Crackdown

By Eugene Davidovich / Special to the OB Rag

SAN DIEGO – In October of last year several U.S. Attorneys from the Department of Justice (DOJ) held a press conference in Sacramento announcing a new Federal crackdown on medical marijuana patients and providers across California.

Days after the announcement, hundreds of letters from the DOJ were sent to landlords renting commercial spaces to dispensaries threatening criminal prosecution and property forfeiture, unless their dispensary tenants were immediately evicted. Similar letters were sent to patients threatening federal criminal indictments.

In San Diego, the attacks involved both the DOJ and local officials. Jan Goldsmith, the San Diego City Attorney with support from City Council also wrote landlords and patients, making similar threats. In addition, his office filed almost one hundred lawsuits against the facilities claiming they were in violation of local zoning ordinances.

The letters were followed by several swat-style raids on a handful of dispensaries that remained open. In less then five months the attack from both Federal and local officials, the lawsuits, and raids, caused over 150 legitimate, tax paying, businesses, to shutter their doors in San Diego alone.

The community however, did not remain quiet. Massive outcries and opposition came from patients and advocates across the state. Protests were quickly organized, new legislative efforts started, and lawsuits filed against the DOJ in every district of the State.

Once such lawsuit jointly filed by patients and collectives in San Diego, involves republican Congressman Brian Bilbray’s daughter, Brianna Bilbray. A cancer survivor and medical marijuana patient herself Ms. Bilbray, joined the suit in November.

Ms. Bilbray was quoted as saying in an article by the Imperial Beach Patch:

“My cancer has a 40 percent chance of reoccurrence and I’m really nervous I’m not going to be able to get it [marijuana] cause, the nausea’s just unbearable.”

In an attempt to stop the issue from being heard by the courts, the DOJ filed a motion demanding the case be thrown out. Oral arguments for the ‘motion to dismiss’ were scheduled to be heard this Friday, March 3, in Judge Sabraw’s courtroom.

Days before the hearing, on Wednesday, attorney’s representing the patients in the case learned the hearing was cancelled.

Lance Rogers, one of the attorney representing patients and collectives said:

“Judge Sabraw has decided again to cancel oral arguments and decide the Government’s ‘Motion to Dismiss’ based solely on the pleadings. Accordingly, there will be no court appearance on Friday. In the event the Court grants the Government’s motion, this case will be ripe for appeal to the Ninth Circuit Court of Appeals which is what we intend to do.”

More Information:

Imperial Beach Patch. Huffington Post .

{ 5 comments… read them below or add one }

avatar Ernie McCray March 1, 2012 at 12:18 pm

Way to go, Briana. Big Brother needs to take a toke and chill and get all those drunk drivers off our freeways.

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avatar Rupert Stanley March 1, 2012 at 12:32 pm

Gee, I wonder if the “fix is in”.

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avatar Pete March 1, 2012 at 2:11 pm

Hey Briana,

Good for you. Your dad and I don’t see eye to eye on a lot of issues, I still like him, but it’s great to see you taking a stand.

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avatar Dave Chase March 4, 2012 at 11:32 am

I hope Briana has beaten the disease. My prayers go out to you Briana.

My prayers also go to your dad Brian Bilbray, hoping that he becomes a complete human concerned about all american and the environment and changes from being a republican lobbyist, a corporate and rich persons representative.

He embodies exactly the type of right wing shill that I do not like.

BTW Briana, the type of GOP politics your dad runs with would put all cannibus users in prison without concern.

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avatar john March 7, 2012 at 9:53 pm

This is, more than anything, about job security for people on every level of law enforcement and the justice system. It’s been far too easy to vilify “dope smokers” and justify the billions wasted in the war on drugs than it would be to do the same to valium and percoset addicted soccer moms. At this point, by ignoring that the voters had spoken and wanted the law changed, they’re only creating contempt for law.

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