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Feds, Oakland in marijuana debate

An employee prepares a "joint" for sale in a medicinal cannabis shop in San Francisco on June 7, 2005. People with a doctor's recommendation and a card from the California Department of Public Health can purchase from the store.The Supreme Court dealt a blow to the medical marijuana movement 6/6, ruling that the federal government can still ban possession of the drug in states. (UPI Photo/Terry Schmitt)
An employee prepares a "joint" for sale in a medicinal cannabis shop in San Francisco on June 7, 2005. People with a doctor's recommendation and a card from the California Department of Public Health can purchase from the store.The Supreme Court dealt a blow to the medical marijuana movement 6/6, ruling that the federal government can still ban possession of the drug in states. (UPI Photo/Terry Schmitt) | License Photo

OAKLAND, Calif., Feb. 3 (UPI) -- Marijuana farms in Oakland, Calif., could face federal prosecution even if Oakland or California laws permit them, a U.S. attorney warned the city.

U.S. Attorney Melinda Haag of the Northern District of California issued the warning in a letter to Oakland City Attorney John Russo, the Oakland Tribune reported Thursday.

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Her letter was in response to a Russo letter to Haag two weeks ago asking for clarification of what legal actions the city might face under federal law regarding its medicinal marijuana policies, which may soon include sanctioned grow farms, the newspaper said.

Haag's warning was clear: Marijuana is against federal law -- period.

Anyone who "knowingly facilitates" others to commit the crimes associated with marijuana growing is also breaking federal law, she wrote.

The Justice Department "does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law," Haag wrote.

However, she said, the department "is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the city."

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Legal remedies under consideration include injunctions, fines, criminal prosecution and property forfeitures, Haag wrote.

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