SAN FRANCISCO, CA – Oakland cannot challenge the government’s forfeiture action against a medical marijuana dispensary because its collateral attack would “impermissibly disrupt” forfeiture framework, the Ninth Circuit ruled Thursday.
The U.S. Attorney’s Office accused Harborside Health Center’s two dispensary locations in Oakland and San Jose of selling marijuana in violation of the Controlled Substances Act in July 2012. Although medical marijuana is legal in California, is still illegal under federal law.
In late 2012 the dispensary pleaded with its landlord to stop upending the business amid the forfeiture proceedings.
The City of Oakland challenged the government by – rather than filing a claim in the forfeiture action – doing an end-run and seeking a declaratory…