County of Santa Cruz, Cal. v. Ashcroft

Good Law

279 F. Supp. 2d 1192·2003 WL 22024235·2003 U.S. Dist. LEXIS 15708

United States District Court, Northern District of CaliforniaAugust 28, 2003C-03-1802 JFCalifornia9,647 words

Opinion

Fogel, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND

Plaintiffs seek a preliminary injunction enjoining Defendants from conducting further raids or seizures against Plaintiff Wo/ Men’s Alliance for Medical Marijuana (“WAMM”) and its member-patients, and from conducting raids or seizures against patients using marijuana for medicinal purposes in compliance with California’s medicinal marijuana statute within the City and County of Santa Cruz. Defendants move to dismiss Plaintiffs’ complaint. Both motions are opposed. The Court has read and considered the briefing and evidence submitted by the parties and has considered the arguments of counsel presented at the hearing on July 7, 2003. For the reasons set forth below, Plaintiffs’ motion for preliminary injunction will be denied and Defendants’ motion to dismiss will be granted with leave to amend.

I. BACKGROUND

Plaintiff WAMM is a collective hospice organization located in Davenport, California that maintains an office in Santa Cruz, California. See Declaration of Valerie Corral (“Corral Decl.”) ¶ 10. It has approximately 250 member-patients who suffer from HIV…

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