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News (Media Awareness Project) - US CA: Fairfax Medical Marijuana Dispensary Closes and Vacates
Title:US CA: Fairfax Medical Marijuana Dispensary Closes and Vacates
Published On:2011-12-20
Source:Marin Independent Journal (CA)
Fetched On:2011-12-22 06:00:34
FAIRFAX MEDICAL MARIJUANA DISPENSARY CLOSES AND VACATES PREMISES ON SCHEDULE

The Marin Alliance for Medical Marijuana, the oldest dispensary of
its kind in the state, quietly shut down over the weekend, the victim
of a federal crackdown.

"They moved out of the premises just before 2 a.m. on Sunday
morning," said Peter Goldstone, a Santa Rosa attorney who has
represented the Alliance, and its operator, Lynnette Shaw, in an
eviction proceeding that was brought by the Alliance's landlord. Shaw
could not be reached for comment.

The landlord, Farshid Ezazi of Orinda, initiated the eviction
proceeding after Melinda Haag, the San Francisco-based U.S. attorney
for the Northern District of California, threatened to confiscate the
building in which the Alliance operated at 6 School St. in Fairfax.
The Fairfax dispensary is among dozens statewide that federal
prosecutors say they have targeted due to the dispensaries' proximity
to parks, schools and other facilities used by children.

The Marin Wellness Center, a medical marijuana dispensary at 1100 Sir
Francis Drake Blvd. in Kentfield, is also being forced to close by
Jan. 1 due to pressure applied to its landlord by federal
authorities. A third dispensary, the Green Door Wellness Education
Center at 7586 Redwood Blvd. Suite C in Novato, is battling an
eviction proceeding brought by its landlord and is awaiting a Marin
Superior Court judge's decision after a one-day trial on the eviction
last week.

Shaw had previously said that she would seek to continue storing
thousands of patients' medical records at the School Street site. She
said she had nowhere else to put them. But Goldstone said the records
have been removed.

"My understanding is that it is what they call broom-clean, and
they've turned over the keys," Goldstone said.

The federal government began the process of confiscating the School
Street building on Nov. 18, even though Ezazi had already initiated
court action to evict the Marin Alliance. Robert Weems, Ezazi's
attorney, said his client filed court papers last week formally
acknowledging ownership of the 6 School St. property, a step he had
to take if he hopes to retain ownership. Weems said the Marin
Alliance's closure should strengthen Ezazi's case.

"We think it is significant that possession has been returned to us,"
Weems said. Ezazi can now file a motion to dismiss the forfeiture
proceeding or opt for a trial, Weems said.

Shaw, who has always shared information freely about the Alliance's
long-standing legal battles, stopped responding to questions from the
press earlier this month, saying that she was "in great danger" and
had to end her relationship with the Alliance, which she helped found.

A message on the Alliance's website announcing the closure states,
"We are very sorry to announce that we have shut our doors until we
can resolve certain legal issues. The battle is not over, but we must
await further court action that will allow us to reopen, hopefully
within a month or two. Unfortunately, our owner and director,
Lynnette Shaw, finds it best to sever her relationship with Marin Alliance."

It was not entirely clear why Shaw believes she can no longer be
associated with the Alliance. It may be significant, however, that
the complaint for forfeiture filed by federal prosecutors against the
6 School St. site mentions that in 2002 "the District Court issued an
order permanently enjoining the Marin Alliance for Medical Marijuana
and Lynette Shaw from engaging in the distribution of marijuana... ."

It was also uncertain where patients who were obtaining their medical
marijuana from the Marin Alliance will go now.

Fairfax Town Manager Michael Rock said no one from the Alliance has
contacted the town about seeking an alternative site. Rock has said
the Alliance cannot legally operate a delivery service under its use
permit without an approved office in town.

Barbara Summers of Mill Valley, who uses medical marijuana to treat
sciatica, anxiety and to help her sleep, said she is "very
disappointed" that the Fairfax club closed.

"I had discovered it fairly recently, and it was saving me a trip
into San Francisco," Summers said.

Summers said the federal crackdown is "bogus."

"When Obama took office, he said he wasn't going to go after anything
like this. That wasn't how he was going to spend our tax dollars,"
Summers said. "I feel like it's a campaign move and nothing else."
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