COUNTY AND SHERIFF SUED

Lawsuit Against County and Sheriff Pat Hedges Claims Pot Shop Closure
After Raid Violates Constitutional Rights

Atascadero Woman's Lawsuit Illustrates Conflict Between State,
Federal Medical Marijuana Laws

An Atascadero woman has sued the county and Sheriff Pat Hedges,
claiming a raid last year that led to the closure of a Morro Bay
marijuana dispensary violated her constitutional right to medicinal cannabis.

The case filed June 20 by Elaine McKellips, 56, illustrates an
ongoing legal battle between conflicting state and federal laws
surrounding medical marijuana use.

In her lawsuit, McKellips alleges that Hedges:

. violated the state constitutional right of her and others to
medical marijuana;

. illegally raided the Central Coast Compassionate Caregivers
marijuana dispensary on March 29 using a federal search warrant
instead of a state search warrant; violated confidentiality laws by
seizing medical records; and inflicted emotional distress on her and
other patients when denying them access to medical marijuana.

McKellips is asking for an unlimited amount in compensation and an
investigation by the county to determine if the sheriff spent
taxpayer dollars appropriately during the probe of the dispensary and
whether the sheriff violated his duty to uphold state laws, according
to the complaint.

Sheriff's officials declined to comment Tuesday on the lawsuit.

McKellips, who suffers from chronic medical conditions including
degenerative disc disease, gastroparesis, seizure disorder and
spastic esophagus, is basing her lawsuit on California law that
permits the use of marijuana for prescribed medical purposes.

Federal law, however, forbids any possession or dispensing of marijuana.

"One of the issues with all the medical marijuana stuff is, even if
California says it's OK, federal drug law pre-empts state law," said
professor Georgene M. Vairo of Loyola Law School in Los Angeles.

"Eventually it will get resolved. If these cases become a real
problem and the state doesn't know what to do, I imagine one of these
cases is going to go to federal court and the pre-emption rulings are
going to start flying."

For now, the conflict exists and many medical marijuana patients and
dispensary owners in California are caught in the middle.

Charles Lynch of Arroyo Grande, the former owner of the Morro Bay
dispensary, was charged in federal court in July 2007, shortly after
the raid. Among the charges is an allegation that he distributed
marijuana to people younger than 21. His trial is set to begin Tuesday.

Abe Baxter, a former security officer at the dispensary, was arrested
on suspicion of possessing marijuana or hashish for sale and selling
or furnishing the drug, according to court records. He has pleaded
not guilty to the felony charges and is scheduled to appear in state
court July 31 for a pretrial conference.

No other dispensaries have opened in San Luis Obispo County since the
closure of the Morro Bay co-op.

In April, county supervisors barred a medical marijuana dispensary
planned for Templeton, saying it was too close to a playground and
did not fit with the character of the community.