FAIRFAX -- The founder of the state's oldest medical-marijuana dispensary plans to spend the weekend deciding whether to close her Fairfax facility after losing a motion to stop her eviction on Friday. Despite a plea from Marin Alliance for Medical Marijuana attorneys, Marin County Superior Court Judge Roy Chernus refused to stop the eviction. He ruled that the dispensary's lease requires compliance with federal law, which forbids selling cannabis.
"I've got to figure out how to fix this," club founder Lynnette Shaw said after the hearing. "I'm very concerned about my patients' health."
Shaw and a team of lawyers have been fighting to stay open since her dispensary became one of the targets of a federal crackdown this fall. Earlier this week, a federal judge rejected Shaw's request to stop federal officials from pursuing the enforcement action.
In addition to serving as a cannabis dispensary, Shaw also runs a medical clinic at the site.
Last month, the U.S. Attorney filed a federal drug-forfeiture complaint against Farshid Ezazi of Orinda, who owns the club's office, located behind the West Marin Little League baseball field. The feds also threatened to seize the building.
In response, Ezazi moved to evict the club. Club attorneys argued that a state judge had no right to enforce an eviction based upon a violation of federal law.
Chernus agreed that the club has a right to defend itself against the eviction at trial. But he refused to dismiss it Friday. Peter Goldstone, Shaw's attorney, said the case likely would be tried in January. A trial would highlight tension between federal law and the law in California and 15 other states that allow medicinal marijuana.
