The following is the contents of a press release issued by Americans for Safe Access on May 8, 2013.  Note to Owners of real estate who lease land to licensed Arizona medical  marijuana dispensaries:  Are you paying attention?

One of California’s oldest medical marijuana dispensaries, Berkeley Patients Group (BPG), was served with a lawsuit Friday in an attempt to seize the property in which it operates and to ultimately shut the facility down. In the forfeiture complaint, which is similar to one filed against Oakland’s Harborside Health Center last July, U.S. Attorney Melinda Haag makes no mention of local or state law violations. Several elected officials have come out in staunch opposition to the Justice Department’s legal action and at least four Berkeley City Council members will be speaking alongside medical marijuana advocates at a press conference scheduled for Wednesday at Noon.

BPG has been operating in Berkeley since 1999 and, according to a resolution that City Council member Darryl Moore filed Monday, “BPG has served as a national model of the not-for-profit, services-based medical cannabis dispensary.” The resolution goes on to state that BPG has “contributed significantly to our local community, providing good jobs and paying millions of dollars in taxes. They have improved the lives and assisted the end-of-life transitions of thousands of patients; been significant donors to dozens of other organizations in our city; [and] shaped local, state and national policies around medical cannabis.” The resolution is scheduled to be heard by full City Council on May 21st.BPG Chief Operations Officer Sean Luse defended his dispensary as a necessary service for the patients of Berkeley. “Berkeley Patients Group intends to vigorously defend the rights of its patients to be able to obtain medical cannabis from a responsible, city-licensed dispensary,” said Luse. In addition to several city officials who will be speaking later today at the press conference, additional elected officials have also made written statements in support of BPG, including Congressmember Barbara Lee, State Assemblymember Tom Ammiano, and Board of Equalization member Betty Yee.

Despite pledges by the Obama Administration to not use Justice Department funds to circumvent state medical marijuana laws, and public proclamations by the President and Attorney General Eric Holder that the Justice Department is only targeting those in violation of state law, this action and other recent legal actions strongly indicate otherwise. After receiving a previous letter from U.S. Attorney Haag in November 2011, BPG reluctantly and at great expense moved its operation in order to stay more than 1,000 feet from a school even though there is no such requirement in local or state law.

“The Obama Administration’s ongoing war against patients is despicable and has to stop,” said Steph Sherer, Executive Director of Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy group. Sherer will also be speaking at today’s press conference. “This lawsuit is not about profiteering or violating state law; it’s a mean, vindictive move aimed at shutting down one of the oldest and well-respected dispensaries in the country.”

The Justice Department lawsuit comes as Congress is deliberating on a number of medical marijuana bills. One bill in particular, H.R. 689, the “States’ Medical Marijuana Patient Protection Act,” authored by Rep. Earl Blumenauer (D-OR) and introduced in February, would reclassify marijuana for medical use and allow states to establish production and distribution laws without interference by the federal government. However, even without the passage of H.R. 689, the Obama Administration can still exercise restraint in medical marijuana states, something it has so far refused to do.

Kitsap Sun:  “More than 60 percent of those surveyed also said that the federal government should not enforce federal laws against marijuana in states where it’s legal for medicinal or recreational use. Almost 80 percent of respondents said they believe that marijuana has valuable medicinal uses as well. . . . Possession and distribution of medical marijuana is still a federal offense, regardless of whether state laws allow the use or sale of marijuana for recreational or medicinal purposes. Because marijuana is federally classified as a Schedule I drug, dispensaries throughout the country are vulnerable to raids and government action. . . . Raids are also continuing statewide. Last week, Drug Enforcement Agency agents raided One on One Patient Association, a downtown San Diego dispensary.”

The Sun:  “Accompanied by police, fire and code enforcement, City Attorney’s Office officials raided three medical marijuana dispensaries Wednesday, serving warrants and demanding that they shut down allegedly illegal activities.  No arrests were made, but officials had a message for The Trio Holistic Center and Berdo Medical Center at 1455 W. Highland Ave. and T.H.C. First Time Patients “FTP” 4G 8th’s at 1208 W. Highland Ave.”

The following is the text of an April 18, 2013, press release by the U.S. Attorney for the Central District of California:

In the latest of a series of federal enforcement actions against the commercial marijuana industry in California, federal authorities today moved against 63 illegal marijuana stores in the City of Santa Ana.

In federal court this morning, prosecutors filed three asset forfeiture lawsuits against properties in Santa Ana where a total of seven marijuana stores are currently operating. Authorities also executed federal search warrants at two of the stores involved in the asset forfeiture actions. Additionally, prosecutors sent warning letters to people associated with 56 other stores not involved in the forfeiture actions. The federal actions involve all known marijuana stores in the City of Santa Ana.

The federal actions in Santa Ana were done in cooperation with the Santa Ana Police Department and the Santa Ana City Attorney’s Office.

The three civil asset forfeiture complaints filed this morning in United States District Court target three properties in Santa Ana where seven marijuana stores are currently operating. The civil lawsuits state: “Under federal law, the distribution of marijuana (a Schedule I controlled substance under Title 21) is prohibited except under very limited circumstances not applicable here. The government is informed and believes that at all times relevant to this complaint, the operation of the [marijuana stores] on the defendant property was not (and is not) permitted under California law.”

The forfeiture lawsuits allege that the owners of the properties knowingly allowed commercial marijuana stores to operate. The buildings named in the asset forfeiture lawsuits currently house:

GLC (or the Green Love Collective, currently in a suite that formerly housed a store called Old Remedies) and The Dispensary Store, which are operating in a building at 1638 East 17th Street, a property owned by chiropractor Mark Burcaw, and previously have been the subject of administrative citations issued by the city;

SoCal Compassion, Club Meds and Well Greenz, which are located in a building at 1651 East Edinger, another building owned by Burcaw, and are illegal marijuana operations that prompted Santa Ana to file a civil lawsuit last year seeking injunctive relief against Burcaw and the three marijuana stores; and

J Pacific Life (which is located in a suite that formerly housed marijuana stores called Saddleback Meds and The Natural Alternative) and Healing OC, which operate out 1665 East 4th Street and have been the subject of numerous warnings and administrative citations from the City of Santa Ana.

In conjunction with the filing of the asset forfeiture complaints, the United States Attorney’s Office today mailed out letters to the property owners and operators of 56 marijuana stores that are either currently operating or were recently closed in Santa Ana. The warning letters give the operators and landlords 14 days to come into compliance with federal law or risk potential civil or criminal actions.

The Drug Enforcement Administration executed two federal search warrants this morning with the assistance of the Santa Ana Police Department at J Pacific Life and Healing OC.

Today’s enforcement actions in Santa Ana follow similar actions over the past 18 months across the seven-county Central District of California. Starting in October 2011, prosecutors began filing asset forfeiture lawsuits and sending letters to marijuana operations in selected areas in the Central District of California (see, for example, www.justice.gov/usao/cac/Pressroom/2012/129.html).

With the lawsuits filed this morning, the United States Attorney’s Office has filed a total of 30 asset forfeiture complaints against properties housing illegal marijuana operations in the district. Eighteen of those actions have been resolved with the closure of the marijuana stores and consent decrees. In some cases, consent decrees required property owners to disgorge rent payments made by a marijuana store operator, and in all cases the consent decrees required the property owners to agree, among other things, that they would no longer rent to people associated with illegal marijuana operations or the property would be subject to an immediate forfeiture to the government.

Including today’s efforts in Santa Ana, federal enforcement actions – asset forfeiture lawsuits, warning letters and related activity – have now targeted more than 525 illegal marijuana businesses in the Central District of California. The majority of those businesses previously targeted are now closed, are the subject of eviction proceedings by landlords, or have been the subject of additional federal enforcement actions.

In October 2011, the four United States Attorneys in California announced the coordinated enforcement actions targeting illegal marijuana cultivation and trafficking (see: www.justice.gov/usao/cac/Pressroom/2011/144a.html).

The United States Attorney’s Office is working in Santa Ana with the Drug Enforcement Administration, IRS – Criminal Investigation, the Santa Ana Police Department and the Santa Ana City Attorney’s Office.

U-T San Diego:  “One day after the San Diego City Council took up the issue of taxing marijuana, narcotics agents raided one of the last remaining medical pot dispensaries in downtown San Diego Tuesday morning.  The regional Narcotics Task Force also ran a parallel operation to seize pot plants at homes and businesses in North County. About 1,000 plants were seized, according to spokeswoman Amy Roderick of the U.S. Drug Enforcement Administration.  Agents headed out about 10 a.m. and served at least 10 search warrants downtown and in Del Mar, Escondido and Oceanside . . . . the DEA’s goal is to shut down what he called ‘marijuana clubs’ operating in violation of federal law.”

WeHoNews:  “Four dispensaries were raided, the La Brea Compassionate Caregivers in Los Angeles and Marina Caregivers in Marina del Rey and Zen Healing at 8464 Santa Monica Blvd. and Alternative Herbal Health Services, at 7828 Santa Monica Blvd.”

A press release issued by the Beverly Hills Police Department said:

“[the raid was the] culmination of four-year investigation into an organized criminal organization involving large scale marijuana distribution, not only throughout the Los Angeles area, but throughout the United States.  This criminal enterprise hired known gang members as enforcers. This organization was involved in the operation of multiple retail marijuana dispensaries generating massive profits, repeatedly showing their willingness to use violence and intimidation to expand their operations and dissuade competition.”

For more on this story read “WeHo pot raid, owner’s bust stemmed from feud.”

Oakland North:  “He might direct the largest medical marijuana dispensary in the country, but Steve DeAngelo isn’t scared of the government’s attempts to shut it down.  ‘The federal government has thrown everything they had at us and we met them and we pushed back,’ DeAngelo said, referring to Harborside Health Center, where he serves as founder and executive director. ‘It’s a drug war machine that’s bound for extinction’.”

OC Weekly:  “Despite allowing the Kush Expo to operate annually since 2010, the city banned medical-marijuana dispensaries in 2007 and has extended the prohibition every year since. Last year, the city also called in the U.S. Drug Enforcement Administration (DEA) to help crack down on pot clubs. In August, the DEA sent threatening letters to dozens of landlords and filed three asset-forfeiture lawsuits, including one against the owner of a $1.5 million building on Ball Road.”

Los Angeles Times:  “Judge throws out lawsuit by Oakland that challenged as illegal the federal attempts to shutter the medical marijuana dispensary, which is the nation’s largest. . . . In filing the suit last October, Oakland became the first city to take on federal enforcement actions that have led to the closure of hundreds of dispensaries in recent years.  Attorney Cedric Chao, representing Oakland, had argued that the city has broad interests in ensuring Harborside Health Center remains open, as its closure would compel many of the dispensary’s 108,000 patients to turn to the illegal market, triggering a public health and safety crisis.”

OC Weekly:  “Last year, the city [Anaheim, CA] also called in the U.S. Drug Enforcement Administration (DEA) to help crack down on pot clubs. In August, the DEA sent threatening letters to dozens of landlords and filed three asset-forfeiture lawsuits, including one against the owner of a $1.5 million building on Ball Road. . . . the single sale [$37 for 4.2 net grams of pot] —and a sale it was, since most pot goes for $50 or $60 per eighth of an ounce—was enough evidence for the DEA to argue that the otherwise-harmless computer engineer and dentist should lose their retirement-investment property. On Aug. 20, 2012, the agency filed its lawsuit.”

The Daily Chronic:  “Federal agents and  local authorities raided a chain of medical marijuana dispensaries and a private residence Wednesday. The Drug Enforcement Administration served search warrants simultaneously at all three locations of Kush Concepts in San Bernardino,”

SF Gate:  “An Oakland medical marijuana dispensary that bills itself as the nation’s largest has won the first round in its fight to stay open amid a federal crackdown.  A California judge ruled last week that Harborside Health Center‘s landlord can’t evict the pot shop even though the U.S. attorney for Northern California is threatening to seize her property. . . . A different California judge last month sided with the owner of the Concourse Business Center in San Jose, which also had sought an eviction order.”

Read also “Harborside Health Center Handed Major Victory In Court (PHOTOS).”

SF Weekly:  “It’s hard to understand the federal government’s plan on marijuana. First, President Barack Obama helped encouraged a boom in cultivation and in dispensing when he said states were in charge and he wasn’t going to get involved. Then his Justice Department shut down hundreds of dispensaries across the state — including nine in San Francisco, a third of the city’s total — in a crackdown that began Oct. 7, 2011.  Over the summer, the feds took aim at the biggest fish, Oakland’s Harborside Health Center (who will meet the feds in court Dec. 13). Then something funny happened: The crackdown stopped. Cannabis dispensaries opened up in San Francisco without issue. One just opened in downtown, steps from Market Street. The feds did nothing. So now, one of the nine shut down by federal pressure has simply unlocked the door, flicked on the lights, and opened for business again. Is the crackdown over, or with small amounts of marijuana legalized for all adults in Colorado and Washington, do the feds simply have better things to do?