A medical marijuana dispensary billed as the world's largest cannabis store may stay open while the city of Oakland fights a U.S. government effort to shut it down or seize the property, a federal judge ruled on Wednesday.
There has been a tug-of-war in California between federal and local authorities over cannabis sold for purported health reasons.
In February, Magistrate Maria-Elena James, the same judge who ruled on Wednesday, said the city had no right to intervene in a federal prosecutor's civil-forfeiture action against the Harborside Health Center, which was featured on the Discovery Channel reality TV show "Weed Wars."
The city appealed the ruling, and James's latest order allows the dispensary to continue to sell marijuana to individuals carrying a doctor's recommendation while the appeal is under review. James called the question of Oakland's legal standing in the case "a matter of significant public interest."
Attorney Cedric Chao, who is representing the city in the case, called the ruling "very significant."
"The court has recognized that Oakland has legitimate interests in protecting its residents' health, in promoting public safety, and in protecting the integrity of its legislative framework for the regulation of medical cannabis," Chao said.
"Today's order, coming right before the July Fourth holiday, reminds us all that one of the strengths of our country is its independent judiciary."
