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It is legal for building owners to evict pot dispensaries that are operating on their property, ruled San Diego County Superior Court Judge Ronald Prager on November 1.

The decision came after Kimber Investment Group informed the court of their intention to evict the Medibloon dispensary from one of their units in Rancho Bernardo. Prager allowed Kimber to proceed with the eviction because the dispensary was operating under an illegal use.

“There’s no place in the City of San Diego, including the shopping center in Rancho Bernardo here, where a medical marijuana dispensary is a permissible use. It is therefore illegal,” read Prager's ruling.

The ruling bolsters the City Attorney's efforts to shut down marijuana dispensaries throughout San Diego.

“The courts have demonstrated that stipulated agreements and unlawful retainers are powerful tools in removing illegal marijuana dispensaries," Goldsmith said in a November 7 statement.

“...building owners have been put on notice by the U.S. Attorney that they must remove these illegal dispensaries or risk loss of their buildings under asset forfeiture,” Goldsmith said. “This court decision demonstrates they have no excuse to not comply with the U.S. Attorney's demand.”

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