A California cannabis distributor has lost the first round in what could prove to be an important test case in determining the role of the federal government in cracking down on marijuana companies.
A state judge in California Superior Court in San Francisco County declined on Feb. 25 to issue a preliminary injunctionagainst the state highway patrol.
The injunction request was part of a lawsuit filed in December by a licensed distributor who claimed law enforcement officers called in the U.S. Department of Homeland Security to seize more than a quarter of a million dollars in cash during a traffic stop.
Judge Ethan Schulman wrote in his decision that the plaintiffs failed to establish that CHP “has a policy of targeting licensed cannabis businesses in California for purposes of forfeiture.”The plaintiffs, Humboldt County-based Wild River Transport, had asked for an injunction against the California Highway Patrol (CHP) in order to prohibit the involvement of the federal government in such cases.
Matt Kumin, one of the attorneys representing the MJ distributor, said he and other lawyers in the case can pinpoint several instances in which licensed distributors have been stopped and their funds seized.
Published: February 26, 2019
Founder & Interim Editor of L.A. Cannabis News