No Grey Sky, a Los Angeles medical marijuana collective, is suing the Department of Justice, the DEA, and Attorney General Eric Holder after the DEA raided their dispensary earlier this month. Also named in the suit are Drug Enforcement Administration Administrator Michele Leonhart and the US Attorney for the Central District of California Andre Birotte Jr.
The collective argues that it has been licensed by California to dispense marijuana to patients, and that Holder is acting “in excess of the government’s authority granted by the Controlled Substances Act” by threatening to close the collective. No Grey Sky has been in full compliance with California’s medical marijuana law.
In 2007, Barack Obama stated that he would not have the DOJ prosecuting and raiding medical marijuana providers and patients. No Grey Sky believes that, based on the president’s statement, they should have been left alone because they were fully following state laws.
The complaint states that the Department of Justice began pursuing a “de facto ban on the collective and cooperative cultivation and distribution,” when they started raiding collectives in 2010, which demonstrated a flip from Obama’s 2007 statements.
The complaint continues, “Plaintiff relied on those statements and the DOJ’s policy of non-enforcement of conflicting federal law to support the growth of a local industry that is considered a national model for safe access. Now, over five years later, the federal government is attempting to act beyond its authority in seeking forfeiture of property connected with the plaintiff’s dispensary.”
Shutting down No Grey Sky will cause the elderly and sick to not be able to safely access their medicine, according to the lawsuit. No Grey Sky is represented by Beverly Hills attorney Barry Fischer.