Defense Files Motion to Dismiss Key Count in U.S. Attorney's Office Case against Operators of Alameda County Medical Marijuana Dispensary

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My client, Winslow Norton, and his brother, Abraham, did everything by the book when they formed a medical marijuana dispensary in Hayward

San Francisco, Calif. (PRWEB) August 23, 2010

Defense lawyers for four individuals under prosecution by the U.S. Attorney for operating a medical marijuana dispensary in Hayward, Calif., recently filed a motion to dismiss an additional criminal charge of possession of firearms.

The case, U.S. v. Norton et al (No. CR 07-0683 DLJ), is proceeding in the U.S. District Court for the Northern District of California. The decision by the government to indict and prosecute the operators of a licensed medical marijuana dispensary for drug trafficking under federal law has attracted much criticism by legal observers who note that the citizens of California passed a law in 1996 permitting the sale and use of marijuana for medicinal purposes.

"My client, Winslow Norton, and his brother, Abraham, did everything by the book when they formed a medical marijuana dispensary in Hayward," explained Doron Weinberg, a highly regarded white collar criminal defense lawyer in San Francisco. "They secured the appropriate permits from the Alameda County Sheriff, they obtained a seller's permit from the California Board of Equalization, they gladly invited local law enforcement for periodic audits and inspections of their dispensary, and they diligently paid hundreds of thousands of dollars in taxes to both the state and county treasuries. Indeed, they were compliant with every rule the Alameda County Sheriff told them they needed to follow in order to avoid any possible federal prosecution."

According to Weinberg, in spite of the Nortons' spotless business record, in 2007 the U.S. Attorney decided to target the brothers for criminal prosecution as part of a federal law enforcement initiative to demonstrate that federal law on marijuana regulation should prevail over state law.

"Now, in perhaps the most bizarre development of this case, the U.S. Attorney has added an additional count to the indictment for aiding and abetting the carrying of a firearm in connection with drug trafficking," continued Weinberg, who was named by California Lawyer Magazine as one of The Lawyers That Other Lawyers Would Hire if They Got Busted. "The basis of this remarkable gun charge is this: with the full knowledge and approval of local law enforcement, the Nortons hired armed guards to serve as security personnel at their dispensary. Now, based on their compliance with County regulations requiring security, they find themselves facing federal firearms charges, which could raise their sentence to a minimum mandatory 15 years. This is the kind of prosecution that you would not expect to read about in the United States of America."

Since its founding in 1976, Weinberg & Wilder has provided thousands of individuals with effective legal representation in a wide range of criminal law matters in both state and federal courts. The firm is dedicated to serving its clients with integrity and reliability, remaining accessible throughout the duration of the representation. For more information, please go to http://www.weinbergwilder.com or call 888.402.4755.

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