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United States v. Real Property and Improvements Located at 1840 Embarcadero, Oakland, California

    Brief Fact Summary.

    Defendant owns Harborside Health Center, a retail marijuana store, and the United States of America is seeking to forfeiture the real property.

    Synopsis of Rule of Law.

    Under 21 U.S.C. § 841(a), one cannot manufacture, distribute, or possess with the intent to manufacture or distribute marijuana.

    Facts.

    The Plaintiff’s, the United State’s of America, institutes an in rem forfeiture action against Defendant’s property, a multi-tenant commercial building. The Defendant’s property conducts its business with the title Harborside Health Center, a retail marijuana store. Ana Chreitien is the sole owner of the Defendant’s real property. Harborside has a leasehold interest in the property. Harborside, in 2006, obtained a permit to distribute marijuana at the property.

    Issue.

    Whether the United States of America’s forfeiture action should be enforced.



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