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Lecturer in Law Judge Jeremy Fogel is referenced and quoted in The Recorder in an article about two pending cases that may impact future federal marijuana policy:
In Los Angeles on Monday, a judge postponed the sentencing of a former dispensary owner and ordered the Department of Justice to put its new position in writing by the end of April, though he said he didn't think it will affect the defendant's conviction.
But new DOJ rules will likely play a more decisive role in a case in San Jose , where the city and county of Santa Cruz teamed up with a local dispensary to sue the U.S. attorney general and other federal officials for allegedly interfering with California's medical marijuana laws.
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Northern District Judge Jeremy Fogel, who is presiding over County of Santa Cruz v. Holder , 03-01802, set a settlement conference for May 7 and told Quinlivan that the plaintiffs need to see "something in writing that gives them some degree of certainty about what the new policy is," according to Hopper.
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At court in San Jose on Monday, Hopper said, the judge and lawyers all referenced Holder's recent statements, with Fogel saying that they appear to indicate a new policy that could provide "motivation and framework for settling the case."
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The co-op, joined by some of its patients and the city and county of Santa Cruz, sued the government in April 2003. In mid-2008, Fogel denied the government's attempt to dismiss the plaintiff's claim that federal enforcement efforts in California violate the state's rights under the Tenth Amendment.