Wednesday, December 12, 2012

Feds Say Oakland Can't Block Seizure of Harborside Medical Pot Dispensary

Activist Post

The Feds are at it again. Their relentless attempt to shut down the largest medical marijuana shop in the world, Harborside Health Center, continues.

After losing a recent court judgement that said they couldn't evict Harborside under federal forfeiture, the Feds are now making the argument that the state and city cannot stand in their way of seizing the dispensary.

Back in July, the federal government filed forfeiture proceedings against the property that Harborside rents. Although Harborside has not violated any state laws, action by the Feds essentially forced the landlords Anna Chretien and Concourse Business Center to file eviction charges with the Feds.

On Friday November 30th of this year a superior court ruled that Harborside cannot be evicted from their location simply because their product violates federal law. The granted stay of forfeiture was seen as a huge victory for Harborside and for state sovereignty in a never-ending battle by the Feds.

"We are heartened by the robust support provided to Harborside by our elected officials and the California courts," said Harborside's co-founder Steve DeAngelo. "The decision makes it clear that organizations that comply with state law deserve the protection of that law."

“For years, in medical cannabis cases, California state courts have followed a principle that cities should not be able to ask a state court to ‘indirectly’ enforce federal controlled substance laws in a way that disadvantages cannabis patients and caregivers," said Harborside's lawyer, Henry Wykowski. "However, this is the first opinion that extends that principle to private actors, such as landlords."

However, that small victory for Harborside was short lived. The Feds have now challenged the ruling saying that they have the power over states and cities because they have no ownership in the property being seized, and federal law supersedes state law.

In a brief, Justice Department attorney Kathryn Wyer writes:
Plaintiff, the City of Oakland, has initiated this separate action in an attempt to halt forfeiture proceedings that the United States has initiated against an Oakland property housing a marijuana dispensary. Plaintiff’s lawsuit was filed after the time to assert a claim in the forfeiture action itself had passed. And in any event, Plaintiff lacks any ownership interest in the property. Plaintiff therefore lacks standing to participate in the forfeiture action
The brief further notes that the Controlled Substance Act applies to all states no matter if they have changed their own laws or not:
Plaintiff argues that the United States is stopped from seeking forfeiture of the Oakland property because it had adopted a 'policy of nonenforcement' of the CSA against all those in compliance with state law. Even assuming that the marijuana dispensary operating at the Oakland property – which is alleged to be the largest on the planet, with annual gross sales revenue of $20 million – were in compliance with California law, this claim cannot succeed.
...the United States has never misrepresented the fact that marijuana distribution, possession, and cultivation remain illegal under federal law...
Wyer even takes a swipe at the state and city for only sticking up for Harborside because "it has received a windfall of millions of dollars in tax and sales revenues through the operation of illegal marijuana dispensaries within its borders."

Indeed, Harborside has been a major benefit to the state of California and Oakland, as it's estimated $20 million in annual sales operating as a non-profit have generated over $3 million is local and state taxes. Yet, apparently Wyer thinks that is a bad thing.

Clearly the Feds have little respect for state rights, property rights, medical rights, and local sovereignty -- all of which are being tried in this case. Meanwhile, one of the most respected, lawful, and successful medical marijuana treatment centers is facing closure.

Learn more about the Harborside Health Center by watching their video:

A recent Gallup poll showed that 64% of Americans want the federal government out of state marijuana laws:

Even 43% of people who think marijuana should not be legalized believe that the Feds should leave the states alone.

If you're interested in sending your thoughts to DOJ attorney Kathryn Wyer regarding this case, please contact her below:
Tel. (202) 616-8475/Fax (202) 616-8470

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Anonymous said...

governor of CA needs to look under his scrotum and find his spine.

Anonymous said...

The Marijuana plant can be used to cure cancer. That fact should end the legalization argument right there. Cancer is an epidemic. There is no way the cure should be blocked from the public. It can also be used to treat other illnesses as well, and is much safer than other medicinal drugs. You have to keep fighting, the Feds are blocking the cure for an epidemic! The cure for cancer!

Anonymous said...

Have sheriffs arrest any Federal agents trying to seize this property. If they resist arrest, taze then until they smolder.

Anonymous said...

Yes, the sheriffs need to uphold the 10th amendment and arrest the Feds when they try to seize the property. Nowhere in the constitution does it say anything about marijuana or even drugs for that matter. The feds have absolutely no jurisdiction in this matter! It's time that state officials uphold the laws of the people!

Anonymous said...

I do not know California law... but here in New Mexico the Constitution of New Mexico states that the Constitution of the United States IS the Supreme Law of the Land. That said... the Constitution of the United States says that the Government has no authority outside of the ten square miles of the District of Columbia...excepting forts and parks...
So, we either have a Constitution or we don't. If and when they admit that we don't... it may anger a person or two...or more. It also means they'll have to admit that they represent a corporation... that our government IS a corporation and no longer represents us.

Anonymous said...

I would wager the local cops all wear black and drive all black cruisers paid for by US INC. Don't look to these unionized pension earners to bell the cat. Grouch Highness

Brian Thiesen said...

Understanding the details of the above link will help people realize this is well beyond drug dealing CIA profits. This is banker bonds and the prison system. The Bonds (as in the PERSONS themselves are securities) and the money made off the prison system is in the trillions... but no one talks about this, Except maybe Burien and the CAFR people.

This is the problem with legalization, you would cause a black hole in this banking scam, and the prison system. As such, the queens agents (FBI, JUDGES, DEA...whoever) are sent to make sure such democratic choices (owned by the state) cannot happen.

When people look at the convictions on marijauna offences, property seizures, jail time, seizing of Kids.. you name it, this all ends with legalization, and the gravy train ends, in effect you would likely have a derivative style collapse as NOTHING can replace this revenue stream.

For all those who wondered why the mass expansion of the prison system, and the loose immigration policies, you have your answer, each one of these new 'citizens' are SECURITIES in the corporation... Didnt Romney say 'you're all just corporations' and people laughed and called him crazy, reality is, it may have been the first time he ever told the truth.
This will also help those trying to understand this mess:

Anonymous said...

The highest lawful authority in a county is the sheriff:
see Castaneda v. USA, wherein a Wyoming sheriff established in a court of law that the Feds need his permission for their activities in his county. Will Sheriff Gregory Ahern of Alameda County (Oakland) exercise his authority and tell the Federales they can't enforce their un-Constitutional laws in his county?

Anonymous said...

Yes, the tyrants understand only one thing—brute force.

Anonymous said...

These are the same pigs that tell you over and over again that this is a free country. Why anyone still believes them is beyond me

Anonymous said...

Obama's stash must be running low.

William Burke said...

Jerry Brown has a SPINE? Who told you that?

Anonymous said...

Isn't it the Feds that approved drugs that kill 100s of thousands of people each year? Isn't it the feds that approved GMO plants that cause cancer and other deadly ailments? Isn't it the Feds that grope you at the airport? Is there any reason the Feds should not be kicked out of our State?

Anonymous said...

The Sheriff has the authority and power to do it for they are the highest law of the land, but they do not have the balls for they are sheep being led to slaughter.

Joe Dead Horse said...

The feds can take a long flying leap off a very short pier. They're only employees of the 50 States and nothing more. Pretty uppity for mere employees, wouldn't you say?

Anonymous said...

The price of medicine is too damed much. Legal States like CO sell at half the price in "medical use" States.

Anonymous said... The White House organic garden will include several varieties of medical marijuana. The District of Columbia, like many states, has enacted medical marijuana laws allowing the cultivation of marijuana for medical purposes. Now, ain't that convenient...that 10 sq miles of the DC allows the cultivation of marijuana for medical purposes. The private prison systems and big Pharma stand to loose billions if cannabis (and hemp) were removed from the Class I list of drugs. Each state needs to defend it's territory and not allow feds in unless the state gives permission and is present during all investigations.

Anonymous said...

DON'T WORRY THE HYPOCRISY IS SO DEEP. that anyone with half a brain can see THIS SCAM!!!
BY the way this web page wouldn't allow me to post the truth about THE PHONEY WAR ON MARIJUANA! GEE MUST BE RUNNING SCARED!!

Unknown said...

The Federal government is heavily invested in the Pharmaceutical industry and that is why they can't allow people to self medicate on pot... These raids all about stomping out competition...

Anonymous said...

First and foremost: The FEDS have NO laws that overrule the states. Show me that in the Constitution of the USA? The Feds have no jurisdiction in any state without that states permission, the counties permission etc... That is what happens when states are bribed with OUR money and once accepted, have signed over rights to the CENTRAL GOVERNMENT better known as a DICTATORSHIP.

Anonymous said...

The federal government need to be sued, or WE should go to war over there invasions in the state the marijuana is within the state which is NOT under federal jurisdiction or venue under such venue or jurisdiction as to marijuana , the subject matter which is what they think they control wherever . what they the federal government is doing is simply out of control we need to please back there limits within DC or add the last D in DEA DEAD WE must kill the agency and fire all the agents or go to war and all of those who are trying to stop this vote are not patriots form this constitutional republic The will of the people voted . there law was never a people vote you see There addicted to war like JFK said HE tried to end those bastards and they kill him Its high time we come to legalize its time we all do it start protesting everywhere people lets put limits back into the system lets put the lid back into place there far too many scornful jerks who R prohibitionist brain washed they are careless not only for there jobs but lives They continue to attack us there job they will state which is to attack US the people must force the end we must end the DEA and all those agency after the simple plant and our freedom which is under attack TO arms to arms people

Anonymous said...

this is not a free land this constitution we all honor is dishonor when the federal fools feel they have more power then the states which is backwards so then is the state then more then town by laws ect,,, as we have many towns they increase the fines though there fool plundering bastards seeking police chiefs in massachusetts how many master do the citizen of USA have answer is 1 the people 10 amen US constitution

Anonymous said...

RMAN--Repeal Marijuana Act Now. No legislation no regulation just liberation. God's own herb. Freedom of religion, freedom of choice, freedom from tyranny of a centralized government which is what the Constitution was written and enacted for. Time for all American true patriots to rebel against tyranny. Time for us all to stop being doormats and sheeple. Stop giving the IRS your blood sweat and equity. They do not rule us. We the people rule them.

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