Landlord Can’t Evict Medical Marijuana Dispensary
Oakland’s Harborside Health Center is in the business of selling medical marijuana. This is obvious to anyone — and in particular the dispensary’s landlord, who last week had her effort to evict the dispensary tossed by a judge. Read this entire SFWeekley article.[message type=”custom” width=”100%” color=”#CCCCCC” border=”#C9C9C9″ color=”#333333″]The landlord, Ana Chretien, tried to evict her tenant in an effort to prevent the federal Justice Department from seizing 1840 Embarcadero, which has since 2006 housed the dispensary. U.S. Attorney for Northern California Melinda Haag filed a forfeiture proceeding in July, and Chretien filed an unlawful retainer lawsuit in August.
Chretien might have had success, had she not made one fatal error: including in the lease explicit permission for Harborside’s operators to run a medical marijuana dispensary. That’s protected under state law, ruled a judge, who added that federal law can’t be used to evict or otherwise shut down a state-legal operation.” Read more. [/message]
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