Key Hearing in Harborside Health Eviction Case Pushed Back, Possibly to December
The nation’s largest dispensary will have to wait a little longer than expected to learn its near-term fate.
A federal judge has delayed a hearing in the landmark case involving the attempted eviction of Harborside Health Center from its San Jose building. The initial hearing was set for tomorrow. But the judge overseeing the case was sick this week and pushed the date back to Nov. 8, according to Henry Wykowski, the lead attorney representing Harborside.
The new date likely won’t stick either, though. Both Wykowski and Harborside Executive Director Steve DeAngelo will be in Denver late next week to speak at the National Marijuana Business Conference and attend to other business matters, which will prevent them from attending the hearing.
Wykowski said he has come to an agreement with the other lawyers involved in the case to move the hearing to Dec. 13. They are now waiting for the judge to sign off on that date.
“Generally speaking, when all attorneys in a case agree to move the date, the hearing is usually continued to that date,” Wykowski said. “I would say there’s a 99% chance it will be moved. Basically, as Harborside’s attorney, if I’m not available it would be very prejudicial to proceed with a hearing in my absence.”
If the judge isn’t available on Dec. 13, Wykowski said all parties involved will work on finding a suitable date in December.
The case is particularly important because it will have huge ramifications for both Harborside and the medical marijuana industry in general. The dispensary has become the government’s highest-profile target in a widespread crackdown on the medical marijuana industry. The feds have threatened Harborside’s landlords with civil forfeiture if they continue to let the dispensary operate on their properties in San Jose and Oakland. The San Jose landlord is now trying to evict Harborside to comply with the government’s demand. If the judge overseeing the case allows the landlord to do that, it could give the government additional legal ammo for expanding its crackdown on dispensaries.
Harborside, however, is hoping the judge will move the case to a full trial by a jury. If Harborside wins that trial, it would represent a major blow to the government and make it much harder for the feds to close dispensaries.
Related Stories
Expert Opinion
Aaron Smith: 5 Ways Marijuana Businesses Can Secure a Future for the Cannabis Industry
By Aaron Smith Last week, more than 30 cannabis business leaders from across the country [click to read more...]
See all Expert Opinion columns- Polls Show Strong Support for Medical Marijuana Industry, Big Disconnect Between Public & Feds
- More national MMJ news
Arizona Medical Cannabis Business & Marijuana Legal News
- Another Swing and a Miss for Arizona Marijuana Opponents, Another Victory for MMJ Industry
- More local MMJ news
California Medical Cannabis Business & Marijuana Legal News
- Prop D Prevails: New LA Cannabis Regs Will Have Many Business Implications, Positive and Negative
- More local MMJ news
Colorado Medical Cannabis Business & Marijuana Legal News
- Moratoriums, Bans Could Dampen Recreational Marijuana Business Opportunities in Colorado
- More local MMJ news
Connecticut Medical Cannabis Business & Marijuana Legal News
- Weekly Wrapup: MMJ Dispensary Progress Hits ‘Yellow Lights’ in CA, MD, IL and CT
- More local MMJ news
DC Medical Cannabis Business & Marijuana Legal News
- Major Milestone: 1st Washington DC Marijuana Dispensary Slated to Open After Long Delays
- More local MMJ news
Maine Medical Cannabis Business & Marijuana Legal News
- MMJ State Update: Maine Marijuana Climate Heating Up With New Proposals, Lawsuit
- More local MMJ news
Massachusetts Medical Cannabis Business & Marijuana Legal News
- Massachusetts Marijuana Advocates Decry ‘Nasty’ Bill That Would Severely Limit State’s MMJ Program
- More local MMJ news
Michigan Medical Cannabis Business & Marijuana Legal News
- Proposal Would Pave Way for Michigan Marijuana Dispensaries in MMJ-Friendly Cities
- More local MMJ news
Montana Medical Cannabis Business & Marijuana Legal News
- Update: Judge Puts Montana MMJ Restrictions on Ice Yet Again With Key Vote Looming
- More local MMJ news
New Jersey Medical Cannabis Business & Marijuana Legal News
- Massachusetts Cannabis Entrepreneurs Eagerly Awaiting Draft Rules on State MMJ Program
- More local MMJ news
New Mexico Medical Cannabis Business & Marijuana Legal News
- Food Stamp Applicants in 3 MMJ States No Longer Able to Deduct Medical Cannabis Costs
- More local MMJ news
Oregon Medical Cannabis Business & Marijuana Legal News
Rhode Island Medical Cannabis Business & Marijuana Legal News
- Rhode Island Welcomes First MMJ Center, Becomes 11th State in US With Dispensaries
- More local MMJ news
Vermont Medical Cannabis Business & Marijuana Legal News
- US Going Green? More Than a Dozen States Could Consider Marijuana Legalization Next Year
- More local MMJ news
Washington State Medical Cannabis Business & Marijuana Legal News
- Weekly Wrap-Up: WA or CO Better for Cannabis Entrepreneurs? + Another State Leans Toward MMJ
- More local MMJ news
Other Regions
- Week in Review: After Big Win in Nevada, All Eyes on New York Bill + Canada’s Cannabis Overhaul
- More MMJ news from other regions




