SAN FRANCISCO, CA – A federal judge stayed a forfeiture action by the United States against a licensed Berkeley medical marijuana dispensary, pending Berkeley’s appeal to the 9th Circuit.
The government sought to shut down Berkeley Patients Group in May 2013. The dispensary, its landlord Nahla Droubi and the city of Berkeley challenged the forfeiture.
In March 2014 the court struck Berkeley from the action for lack of standing, but the city appealed to the 9th Circuit, asserting that its interest in dispensary-generated tax revenue and its ability to regulate dispensaries within its jurisdiction gave it a stake in the case.
U.S. District Judge Jon Tigar on Feb. 6 granted Berkeley’s motion to stay the forfeiture until the 9th Circuit resolves the appeal.
The case is similar to an…