Pubdate: Tue, 04 Dec 2012
Source: San Francisco Chronicle (CA)
Copyright: 2012 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Matthai Kuruvila
Page: C2

ATTEMPT TO EVICT POT DISPENSARY BY LANDLORD DENIED BY JUDGE

An Alameda County Superior Court judge denied a landlord's attempt to
evict a prominent Oakland medical cannabis dispensary.

The landlord had been under pressure from the federal government to
evict the tenant, Harborside Health Center - or face forfeiture of her
$2 million property. The landlord, Ana Chretien, owner of ABC
Security, one of the East Bay's most politically powerful security
companies, tried to evict the center on grounds that it was violating
federal drug law.

But Judge Evilio Grillo said the landlord could not use that
justification because the court's jurisdiction only covers state law.

Melinda Haag, the U.S. attorney for the Northern District of
California, began proceedings in July to seize the property under
federal laws prohibiting the distribution of marijuana.

Her action prompted the landlords for Harborside's two locations - in
Oakland and San Jose - to show they are trying to oust the dispensary.

Both landlords also are seeking cease-and-desist motions in federal
court to stop Harborside from selling medical marijuana. A hearing on
that issue is expected to be held on Dec. 20.

While the Alameda County judge ruled in favor of Harborside, the Santa
Clara County Superior Court judge on Nov. 1 allowed eviction
proceedings to continue.
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