» Notable Cases

Federal medical cannabis lawsuit

On October 10, 2012, the City of Oakland filed a complaint in United States District Court to prevent the federal government from seizing an Oakland building used by a medical cannabis dispensary. The building at 1840 Embarcadero is the location of Harborside Health Center, a medical cannabis dispensary operating under a permit issued by the City of Oakland. The lawsuit was filed to uphold the City's right under California law to regulate and permit medical cannabis dispensaries.

More information:

Order granting motion to stay forfeiture proceedings July 3, 2013

Oakland City Attorney and Morrison & Foerster sue federal government to prevent seizure of building used by medical cannabis dispensary October 10, 2012

Copy of City's Lawsuit

Court documents:

1. City of Oakland's motion to stay landlords' "Motions for Order Prohibiting Unlawful Use of Defendant Property" in related cases November 27, 2012

2. Federal government's motion to dismiss December 10, 2012

3. City of Oakland's reply in support of its motion to stay landlords' motions December 11, 2012

4. Second declaration of Cedric Chao in support of City of Oakland's motion to stay landlords' "Motions for Order Prohibiting Unlawful Use of Defendant Property" in related cases December 11, 2012

5. Exhibit 1 to Chao Declaration December 11, 2012

6. Declaration of Mayor Jean Quan in support of City of Oakland's reply re motion to stay landlords' "Motions for Order Prohibiting Unlawful Use of Defendant Property" in related cases December 11, 2012

7. Declaration of Arturo Sanchez in support of City of Oakland's reply re motion to stay landlords' "Motions for Order Prohibiting Unlawful Use of Defendant Property" in related cases December 11, 2012

8. Declaration of Achim Brinker in support of City of Oakland's reply re motion to stay landlords' "Motions for Order Prohibiting Unlawful Use of Defendant Property" in related cases December 11, 2012

9. City of Oakland's (1) opposition to government's "motion to stay obligations" and (2) counter-motion to stay the forfeiture proceedings December 14, 2012

10. Chao declaration (1) opposition to government's "motion to stay obligations" and (2) counter-motion to stay the forfeiture proceedings December 14, 2012

11. EXHIBIT 1 December 14, 2012

12. EXHIBIT 2 December 14, 2012

13. EXHIBIT 3 December 14, 2012

14. Preliminary questions from Judge James for December 20, 2012 hearing December 19, 2012

15. ORDER DENYING CLAIMANTS’ SUPPLEMENTAL RULE G(7)(a) MOTIONS and OAKLAND’S MOTIONS TO STAY January 7, 2013

16. City of Oakland's Response to Defendants' Motion to Dismiss January 14, 2013

17. Request for Judicial Notice in Support of City of Oakland's Response to Defendants' Motion to Dismiss January 14, 2013

18. Federal government reply in support of defendants' motion to dismiss January 22, 2013

19. City of Oakland's Response to Letter from Forfeiture Claimants and to Defendants' Response Thereto February 5, 2013

20. Order Granting Defendants' Motion to Dismiss February 14, 2013

21. Motion to Stay Forfeiture Proceedings Pending Appeal February 27, 2013

22. Proposed Order February 27, 2013

23. Notice of Appeal February 27, 2013

24. Declaration of Cedric Chao February 27, 2013

25. Exhibit 1 February 27, 2013

26. Exhibit 2 February 27, 2013

27. Exhibit 3 February 27, 2013

28. Exhibit 4 February 27, 2013

29. Exhibit 5 February 27, 2013

30. Declaration of Arturo Sanchez February 27, 2013