Peridot Tree, Inc. v. City of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Peridot Tree, Inc. and Kenneth Gay, No. 2:22-cv-00289-KJM-SCR Plaintiffs, ORDER v. City of Sacramento and Davina Smith, 1S Defendants. 16 The federal government’s policy on marijuana use and distribution was once clear and “comprehensive.” Gonzales v. Raich, 545 U.S. 1, 10 (2005). Today, however, as one Justice put 19 ita few years ago, the federal policy has become “a half-in, half-out regime that simultaneously 20 tolerates and forbids local use of maryuana.” Standing Akimbo, LLC v. United States, 141 S. Ct. 2236-37 (2021) (Statement of Thomas, J., respecting the denial of certiorari). This inherently “contradictory” policy sometimes “conceals traps for the unwary.” Jd. In this case, for example, a prospective marijuana dispensary and its majority shareholder 24 allege the City of Sacramento, California has discriminated against them in violation of the “dormant” aspect of the…