Pages tagged "Harborside Health Center"


Lee's HR 6335 Would End the Assault on Landlords in the War on Safe Access

There are many who suffer the "collateral damage" of the war on safe access to medical cannabis. Patients who must suffer or break the law to obtain medicine, as well as their loved ones and providers are some of the more well known victims in this federal assault. However, the overzealous actions of US Attorneys at the Department of Justice (DOJ) have brought to light another group suffering from our utterly nonsensical federal medical cannabis policy - the landlords who lease property to dispensaries.

On Thursday, Representative Barbara Lee (D-CA) introduced HR 6335 (text), the  the States’ Medical Marijuana Property Rights Protection Act. The bill would stop the seizure of property from landlords of state law-compliant medical marijuana businesses, and was introduced less than a month after US Attorney Melinda Haag began forfeiture proceedings against the landlords of Harborside, the well-known dispensary who's Oakland location is in Lee's district.

Facing Peril Unforeseeable Based on Prior Federal Rhetoric

Landlords in states with medical cannabis laws have every reason to believe and expect that when a business presents them with a legitimate business license issued by the state and/or local municipality, that such a business is not breaking any laws merely for existing. In fact, based upon President Obama's instance that he was no longer going after medical cannabis patients and that we no longer have a "war" on drugs, it's perfectly understandable that the average person would not think twice about leasing such a property to medical cannabis dispensary.

Not only do these landlords have every right to expect that these businesses are OK to lease to, the cost to the landlord to get such a property ready to lease to another customer can be quite expensive. Furthermore, in a time when commercial property owners have a hard enough time finding any tenants, these landlords have made business decisions based on the presumed reliable income that dispensary-tenants provide. When you consider that each crime study regarding dispensary neighborhoods indicates that these facilities are assets rather than liabilities to the community, the wisdom of the DOJ forfeitures is questionable at best.

US Attorneys Running Roughshod Over Justice

Speaking of US Attorneys and "questionable" legal thoughts, check out US Attorney Melinda Haag's bizarre and unhinged rational for issuing forfeiture proceedings against Harborside. If sheer size and number of retail sales for things within the Controlled Substances Act was sufficient basis for forfeiture at Harborside, why isn't every CVS, Rite Aide and Walgreens of similar size to Harborside being raided as well. Based on their size, something illegal must be afoot! (Maybe US Attorny Duffy will take up that charge...)

Civil asset forfeiture is a rather extreme government tactic which some have noted treads dangerously close to offending at least four US Constitutional Amendments, the 4th, 5th, 8th, and 14th. It forces property owners to prove their innocence rather than have the government prove guilt. Property owners have no right to an attorney or a jury trial in these proceedings. Many have said civil forfeiture should be done away with all together, but if it is to exist, the government must be judicious in its application.

Lee's HR 6335 Would End this Tactic Against Safe Access

Americans for Safe Access thanks Congresswoman Lee and the cosponsors of HR 6335 for protecting the property rights of land owners who rent to state-approved and law abiding medical cannabis dispensaries. Contact your Representative today and urge them to cosponsor this much-needed safe access legislation.

 

SF patients get creative to protest feds



Hundreds of ASA members and allies staged a funeral procession through the streets of San Francisco yesterday to protest the closing of the Vapor Room, one of the city’s venerable and legally-permitted medical cannabis patients’ collectives. Protesters with full funeral regalia marched from Vapor Room in the Lower Haight-Ashbury District to Federal Building downtown. But they made a special stop along the way.

The march stopped briefly at an alley for a little creative street theatre. Activists produced a giant puppet depicting US Attorney Melinda Haag, who orchestrated the current federal crackdown in the San Francisco Bay Area, and performed a satirical ribbon-cutting ceremony to open a new “dispensary” for patients: the alley! The oversized action – complete with a long red ribbon, big ceremonial scissors, and the larger-than-life puppet – sent an unmistakable message to the crowd and the media. Closing legally-permitted patients’ associations sends legal patients back to the alleys to find the medicine they need. (More pictures after the jump...)





The Vapor Room was forced to close after the US Department of Justice (DOJ) threatened the landlord with civil asset forfeiture charges. Civil asset forfeiture is a procedure by which the federal government can confiscate property used to commit a crime. The law was intended to fight large-scale drug trafficking operations; but in this case, the “crime” is providing medical cannabis in accordance with state law! Threats of civil asset forfeiture are a central component of the latest federal crackdown on medical cannabis, which started with a press conference with Ms. Haag and her colleagues last October.

Unfortunately, they are not just making threats. The DOJ filed civil asset forfeiture actions against another model Bay Area patients’ association last month. Harborside Health Center, the largest medical cannabis facility in the state, is facing a tough fight in federal court now that their property owner is in the federal crosshairs. Federal pressure on Harborside Health Center and other kinds of federal intimidation drew hundreds of protesters to a rally in front of Oakland City Hall during a recent fundraising visit by President Obama.



San Francisco ASA members and their allies are to be commended for staging a creative and effective action. Events like this one dramatize the issues surrounding the federal crackdown for the community and the media, and that is important to getting the message out. A funeral march, coffins with flowers, a giant puppet, over-sized scissors, and the rest also make great photo opportunities for image-hungry reporters.

It behooves all of us fighting the federal attack on medical cannabis to be creative in how we tell our story. We are going to need the most effective messages and vehicles for messages that we can get. Do not underestimate the power of one good image in the public eye. Keep up that good work, and we will keep changing minds and winning allies in the fight for safe access!

Thanks to ASA Executive Director Steph Sherer for coming all the way from Washington, DC, for this event. ASA staff members Courtney Sheats, Tony Bowles, and Hunter Holliman were also present.