Harborside Health Center, which is the Bay Area's, and the nation's, largest medical marijuana dispensary, has been under threat of eviction and government seizure since July, when U.S. Attorney Melinda Haag served them with notice that they were in violation of federal laws. Since then, the City of Oakland has stepped up to defend Harborside and sue the federal government, and yesterday an Alameda County Superior Court judge sided with the dispensary as well.
Judge Evilio Grillo ruled that the landlord, Ana Chretien of ABC Security, could not evict Harborside over the federal government's threat of seizure because the dispensary was not violating state law, and his court's jurisdiction only covers state law.
The landlords at both of Harborside's locations, in Oakland and San Jose, have been trying to show proof to Haag's office that they are in the process of evicting the pot dispensary, in order to avoid seizure of their property. Judge Grillo's action in Alameda County is actually the opposite of the what a Santa Clara County judge decided regarding the San Jose eviction he ruled in favor of the landlord and allowed the eviction to proceed.
Meanwhile, both landlords are trying to get a federal judge to force Harborside to cease and desist growing and distributing pot, and a hearing on that in federal court could happen as soon as December 20.