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Magistrate Refuses to Order Harborside to Stop Selling Pot

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SAN FRANCISCO (AP) — A medical marijuana dispensary that bills itself as the nation's largest has won another round in its fight to stay open amid a federal crackdown.

Medical marijuana. (Justin Sullivan/Getty Images)

A federal magistrate in San Francisco on Monday refused to order Harborside Health Center to stop selling pot while the government tries to prove the establishments are illegal under federal law and must close.

Harborside's landlords in San Jose and Oakland had asked U.S. Magistrate Judge Maria-Elena James to enjoin the dispensaries' ongoing operations.

They argued that they remain at risk as long as pot continues to be sold on their premises because U.S. Attorney Melinda Haag has threatened to seize the rented properties.

But James said she was unconvinced that allowing Harborside to stay in business for now would undermine the value or ownership of the buildings it occupies.

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