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

Citation. United States v. Real Prop. & Improvements Located at 2366 San Pablo Avenue, 2015 WL 525711

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CitationUnited States v. Real Prop. & Improvements Located at 2366 San Pablo Avenue, 2015 U.S. Dist. LEXIS 14624, 2015 WL 525711

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.

Points of Law - Legal Principles in this Case for Law Students.

It is in the public interest that federal courts of equity should exercise their discretionary power with proper regard for the rightful independence of state governments in carrying out their domestic policy.

View Full Point of Law

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.