Pubdate: Tue, 08 Jan 2013 Source: San Francisco Chronicle (CA) Copyright: 2013 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 LANDLORDS CAN'T BLOCK POT SALES A federal magistrate issued an order Monday declaring that Oakland and San Jose landlords could not stop a medical marijuana dispensary with locations in each city from selling cannabis. Both landlords face federal seizure of their properties for renting to Harborside Health Center, the nation's largest marijuana dispensary with 108,000 registered and certified patients. To mollify federal authorities, each landlord has gone to federal court to stop the dispensary from "any unlawful activity," which, under federal law, includes selling cannabis. Magistrate Maria-Elena James said neither landlord had the right to pursue such an action under federal law. In addition, she questioned landlord arguments that their property values would be harmed by the sale of medical marijuana. Harborside started renting the Oakland property on Embarcadero Way in 2006 and the San Jose property on Ringwood Avenue in 2009. "Any damage or threat of harm to the (properties) resulting from Harborside's operations would have occurred when Harborside began its operations at the Oakland and San Jose locations," she wrote. "There is nothing in the record indicating that Harborside's continued operation compromises the existence, value or title of either the Oakland or San Jose property." The Oakland property is owned by Ana Chretien, a politically connected security company owner. Her attorney, Geoff Spellberg, did not return messages late Monday. Henry Wykowski, an attorney for Harborside, also declined to comment. The San Jose property is owned by Concourse Business Center. The landlords had also tried to go to county court to evict Harborside - with differing results. A Santa Clara County Superior Court judge allowed eviction proceedings to continue. An Alameda County Superior Court judge said a landlord could not use federal law to evict someone in county court. The city of Oakland has joined the case, arguing that the federal government has missed the statute of limitations. In addition, the city argues that closing the dispensary, which a forfeiture action would do, would create a public safety problem by encouraging a black market for marijuana. Cedric Chao, an attorney who is handling the city's case pro bono, said the magistrate's decision is a victory for Harborside and the city. Chao has criticized the federal government for using landlords to try to shut down Harborside, which federal authorities have not gone after directly. But now, the Oakland landlord's efforts have failed in both county and federal court. "The landlord is out of bullets," Chao said. "What else can they do?" The case will proceed on two fronts, Chao said: The city's case against the federal government and the federal government's forfeiture proceedings against the landlords. "The federal government has never had someone stand up to them like this," Chao said of Oakland. - --- MAP posted-by: Jay Bergstrom