Harborside Health Center's Landlord Fails In Eviction Attempt

Oakland dispensary's lease allowed for sale of medical marijuana

By Chris Roberts
|  Tuesday, Dec 4, 2012  |  Updated 3:15 PM PDT
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A judge rules that the landlord of Harborside Health Center in Oakland cannot evict the marijana dispensary. The state of California allows non-profits to distribute marijuana, but the landlord is hoping a federal judge will prevent Harborside from growing marijuana.

A judge rules that the landlord of Harborside Health Center in Oakland cannot evict the marijana dispensary. The state of California allows non-profits to distribute marijuana, but the landlord is hoping a federal judge will prevent Harborside from growing marijuana.

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The landlord of Oakland's Harborside Health Center, the world's biggest medical marijuana dispensary, won't be able to evict her tenant, a judge ruled.

Ana Chretien is the owner of 1840 Embarcadero, where Harborside's 108,000 registered patients have been buying medical cannabis since 2006. In an effort to shut down the dispensary, the United States Department of Justice moved to seize Chretien's property in July.

Chretien issued eviction papers in August, alleging that the dispensary's federally-illegal activities constituted a breach of their lease agreement. However, the lease specifically allowed Harborside to operate a medical marijuana dispensary, which is legal under California law.

The federal Justice Department may yet seize the building: the dispensary is due in federal court on Dec. 20.

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