Judge won't stop San Jose's letters to cannabis club landlords

Posted on May 8th, 2010 by Global Ganja Report and tagged , , , , , .

A judge on May 7 ruled that officials in San Jose, Calif., may continue to threaten landlords of medical marijuana cooperatives with fines of up to $2,500 a day—a practice that has resulted in the eviction of at least one cannabis club. Santa Clara County Superior Court Judge Kevin Murphy ruled against the medical marijuana collectives, citing a lack of evidence to issue a ban on city officials from sending the letters. However, he did not throw out the case entirely. Murphy will listen to arguments from both sides at a hearing June 25.

Two San Jose medical marijuana collectives filed the lawsuit, asserting the city's practice of threatening landlords with fines and citations is a violation of state law. Their attorney, J. David Nick, viewed the decision as a victory, noting that the city sought to have the lawsuit thrown out completely. "We maintain the city's actions are unlawful," said Nick. "State law contradicts what they are doing."

San Jose's code enforcement office has sent threatening letters to the landlords of 20 dispensaries, resulting in the eviction of the city's first, the San Jose Cannabis Buyer's Collective. Another cannabis collective, Pharmers Health Center Cooperative, is currently facing an eviction hearing. "The city hates these people," Nick said. "They will do what it takes to run these people out of town." City Attorney Rick Doyle said San Jose's intention is not to drive out all the cooperatives, but to focus attention on "shops that are clearly a nuisance." (San Jose Mercury News, May 7)

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