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Medical Marijuana Collective Wins Contested Ruling

Medical Marijuana Collective Wins Contested Ruling

Posted by Marijuana Doctors on 01/09/2013 in Medical Marijuana Laws

Harborside Health Center Can Stay for Now

Harborside Health Center, a medical marijuana collective located in Oakland and San Jose California can and will continue to operate according to Chief Federal Magistrate Maria-Elena James. The ruling comes after the landlords of the Harborsides Health Center building petitioned for the removal of the collective from the premises as it violates the Federal governments Controlled Substances Act.

Chief Federal Magistrate Maria-Elena James reiterated that it is the role of the government, not Harborside’s landlords to determine whether the business should be shut down for its alleged violation of federal policy.  She said, Landlords “are attempting to use a procedural rule in a civil forfeiture proceeding to bring what amounts to an enforcement action..against Harborside.”

The petition by the Landlords comes after US Attorney Melinda Haag threatened the building’s owner, Ana Chretienm with seizure of the property citing federal drug laws. The threat came as part of a federal crackdown on medical marijuana dispensaries in California, which the federal government says are illegal because marijuana continues to be an illegal controlled substance under federal law. Faced with federal seizure, Chretien filed an eviction notice in Alameda County Superior Court saying Harborside has violated its lease by violating federal law.

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