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Judge Says Landlord Can’t Evict Oakland Pot Club

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A vial of medical marijuana

Marijuana is poured from a jar at at medical marijuana dispensary. (David McNew/Getty Images)

OAKLAND (CBS / AP) — An Oakland medical marijuana dispensary that bills itself as the nation’s largest has won the first round in its fight to stay open amid a federal crackdown.

A California judge ruled last week that Harborside Health Center’s landlord can’t evict the pot shop even though the U.S. attorney for Northern California is threatening to seize her property.

Superior Court Judge Evelio Grillo said Ana Chretien’s claim that Harborside has to go because it is engaging in illegal activity doesn’t hold up because state law allows nonprofits to distribute medical marijuana.

The dispensary’s victory may be short-lived, though.

Chretien also has asked a federal judge to order Harborside to stop growing and selling marijuana in her building. A hearing is scheduled for Dec. 20.

Her lawyer said she is considering whether to appeal Grillo’s decision.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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