The largest medical marijuana dispensary in the world – Harborside Health Center of Oakland, CA – has won another round in its court battle to stay open. Federal judge Maria-Elena James has blocked Harborside’s landlord’s attempt to evict them from the property.

420times_000006938226XSmallU.S. Magistrate Judge Maria-Elena James held Monday that the federal Controlled Substances act cannot be enforced by private parties like these landlords:

As Harborside points out, courts have consistently held that there is no private right of action under the CSA to force compliance. […]

Moreover, while the Court understands Claimants’ concern over the potential forfeiture of their properties, Rule G(7)(a) is not a means to sever business relationships when they suddenly prove risky or to demonstrate cooperation with the Government.

The landlords and the Department of Justice will now litigate between themselves over the move to seize the properties where Harborside is housed.

The federal government has told the landlords of Harborside’s building that they will seize their property if they do not get the dispensary out. The city of Oakland has sided with Harborside in the battle, telling the federal government to basically get out of city business, even filing a lawsuit on behalf of the dispensary.

How much longer will the feds waste resources in this battle against Harborside? They want to send a message to other dispensaries, but the only message getting through right now is: take us to court and beat us.

– Joe Klare

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About The Author

Joe Klare has been writing about marijuana issues for the past 5 years online, in print and on air.

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