Lane

MEMORANDUM **

Joseph Robinson appeals the district court’s grant of summary judgment to the Government in this civil in rem forfeiture action. Real property is subject to forfeiture when “used ... to commit, or to facilitate the commission of, a violation ... punishable by more than one year’s imprisonment.” 21 U.S.C. § 881 (a)(7). We agree with the district court that the Government’s burden of establishing forfeitability was satisfied by Robinson’s admission in federal court that he possessed the 37 pounds of marijuana seized from his property. We note that Robinson also admitted that “17 pounds ... was intended for ... individuals who produced the marijuana,” and “[t]he remaining marijuana, approximately 20 pounds, was intended for distribution....”

We reject Robinson’s contention that he is lawfully entitled to possess and distribute marijuana based on California’s Compassionate Use Act of 1996, Cal. Health & Safety Code § 11362.5 . See United States v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483, 494-95 , 121 S.Ct. 1711 , 149 L.Ed.2d 722 (2001) (holding medical necessity use of marijuana permitted by California’s Compassionate Use Act is not a defense to federal…