[megayields]

OAKLAND, Calif. — A federal magistrate in San Francisco Thursday dismissed a lawsuit in which the city of Oakland was seeking to block a U.S. government bid to forfeit the property rented by California's largest medical marijuana dispensary.

The ruling by U.S. Magistrate Judge Maria Elena James appears to clear the way for a forfeiture trial against the landlord of the Harborside Health Center in Oakland sometime in the next few months.

The dismissal of Oakland's lawsuit was requested by the U.S. Justice Department, which is seeking to forfeit the property on the ground that it is the site of illegal marijuana production and sales.

The city's lawsuit, filed in October, sought to claim that the federal government had exceeded the five-year statute of limitations for a forfeiture case because Harborside has operated in accordance with city and state laws since 2006 without federal interference.

But James wrote that the lawsuit had to be dismissed because federal courts have no jurisdiction over Oakland's claims. She said the city lawsuit was not covered by a federal administrative law that allows challenges to final agency actions.

Harborside has separately made a statute-of-limitations claim in its own opposition to the forfeiture case, and can still raise that claim in the future forfeiture trial.

Harborside serves more than 100,000 patients and has annual sales of $20 million.

While California law allows seriously ill patients to use marijuana with a doctor's approval, federal laws criminalizing the drug make no exception for state laws.

The Harborside forfeiture case is part of an effort by federal prosecutors in California to crack down on dispensaries they consider to be large-scale commercial operations.

[OLDproLg]

GOOD!!

Well i must say,THATS ALOT OF MONEY!!!!!!!!!!!
GOD DAMNED state shure appreciated TAX from THEM.......
i dont like the way they looked on TV,but hope they WIN!!!
FEDS are scworming..haha!

[Agent SmokeAlot]

You misinterpreted the article. This is not good for Harborside

[BadMojo]

Of course the courts still have to rule on the 5 year statute of limitations during the actual trial. Not going to be easy to circumvent that seeing that it is law created by congress. If they ruled against it the that would be striking down the law which is a Huge legal precedence issue.

Unless I am reading this wrong, It looks as though a Federal Magistrate dismissed the cities lawsuit that was trying to save Harborside from being shut down due to the forfeiture trial against the landlord. It also says they will move forward in the next few months with the forfeiture trial. That's terrible news. I hope Harborside can somehow find a loophole and pull through this. Its too bad that that the 100,000 patients they help will be forced elsewhere. It seems in the past couple years the government has seriously reversed their role with Medical Marijuana.

[theJointedOne]

Winds of change are on the horizon...or so it feels to me

[weeddaddy50]

they just keep plugging forward....and in the end...harborside will be gone...the landlord will lose the property.....and both will be broke paying all those legal fees.....you see....when you have to use your money...and they are using taxpayers money...it's pretty hard to win the battle....because you will lose the war.

Been there and done that......why do you think BPG...just folded up?....they saved their money and moved to another state...and now have 4 dispensaries...and are thriving....

I have seen this before.....the fight is going to be brutal...but in the end...harborside will be a delivery only business....and a shadow of its former self.

[jayjayfrank]

"you can't sue us because theres no courts that recognize you" said the feds to the states