Feds Crack Down on California Pot Dispensaries
- Posted on October 6, 2011 at 9:29pm by
Tiffany Gabbay
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SAN FRANCISCO (The Blaze/AP) — Federal prosecutors have launched a crackdown on some pot dispensaries in California, warning the stores that they must shut down in 45 days or face criminal charges and confiscation of their property even if they are operating legally under the state’s 15-year-old medical marijuana law.
In an escalation of the ongoing conflict between the U.S. government and the nation’s burgeoning medical marijuana industry, at least 16 pot shops or their landlords received letters this week stating they are violating federal drug laws, even though medical marijuana is legal in California. The state’s four U.S. attorneys were scheduled Friday to announce a broader coordinated crackdown.
Their offices refused Thursday to confirm the closure orders. The Associated Press obtained copies of the letters that a prosecutor sent to at least 12 San Diego dispensaries. They state that federal law “takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana.”
“Under United States law, a dispensary’s operations involving sales and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions,” according to the letters signed by U.S. Attorney Laura Duffy in San Diego. “Real and personal property involved in such operations are subject to seizure by and forfeiture to the United States … regardless of the purported purpose of the dispensary.”
The move comes a little more than two months after the Obama administration toughened its stand on medical marijuana. For two years before that, federal officials had indicated they would not move aggressively against dispensaries in compliance with laws in the 16 states where pot is legal for people with doctors’ recommendations.
The Department of Justice issued a policy memo to federal prosecutors in late June stating that marijuana dispensaries and licensed growers in states with medical marijuana laws could face prosecution for violating federal drug and money-laundering laws. The effort to shutter California dispensaries appeared to be the most far-reaching effort so far to put that guidance into action.
“This really shouldn’t come as a surprise to anyone. The administration is simply making good on multiple threats issued since President Obama took office,” said Kevin Sabet, a former adviser to the president‘s drug czar and a fellow at the University of Pennsylvania’s Center for Substance Abuse Solutions. “The challenge is to balance the scarcity of law enforcement resources and the sanctity of this country’s medication approval process. It seems like the administration is simply making good on multiple statements made previously to appropriately strike that balance.”
Greg Anton, a lawyer who represents dispensary Marin Alliance for Medical Marijuana, said its landlord received an “extremely threatening” letter Wednesday invoking a federal law that imposes additional penalties for selling drugs within 1,000 feet of schools, parks and playgrounds.
The landlord was ordered to evict the 14-year-old pot club or risk imprisonment, plus forfeiture of the property and all the rent he has collected while the dispensary has been in business, Anton said.
Marin Alliance’s founder “has been paying state and federal taxes for 14 years, and they have cashed all the checks,” he said. “All I hear from Obama is whining about his budget, but he has money to do this which will actually reduce revenues.”
Kris Hermes, a spokesman for the medical marijuana advocacy group Americans for Safe Access, said the warnings are part of what appears to be an attempt by the Obama administration to curb medical marijuana on multiple fronts and through multiple agencies. A series of dispensary raids in Montana, for example, involved agents from not only the FBI and U.S. Drug Enforcement Agency, but the Internal Revenue Service and Environmental Protection Agency.
Going after property owners is not a new tactic though, Hermes said. Five years ago, the Department of Justice under President George W. Bush made similar threats to about 300 Los Angeles-area landlords who were renting space to medical marijuana outlets, some of whom were eventually evicted or closed their doors voluntarily, he said.
“It did have an impact. However, the federal government never acted on its threats, never prosecuted anybody, never even went to court to begin prosecutions,” Hermes said. “By and large, they were empty threats, but they relied on them and the cost of postage to shut down as many facilities as they could without having to engage in criminal enforcement activity.”
Besides the dozen dispensaries in San Diego and the one in Marin County, at least three shops in San Francisco already have received closure notices, said Dale Gieringer, director of the California chapter of the National Organization for the Reform of Marijuana Laws.
The San Diego medical marijuana outlets put on notice were the same 12 that city officials sued last month for operating illegally, after activists there threatened to force an election on a zoning plan adopted to regulate the city’s fast-growing medical marijuana industry, City Attorney Jan Goldsmith said. A judge on Wednesday ordered nine of the targeted shops to close, while the other three shut down voluntarily, Goldsmith said.
Duffy, the U.S. attorney for far Southern California, planned to issue warning letters to property owners and all of the 180 or so dispensaries that have proliferated in San Diego in the absence of compromise regulations, according to Goldsmith.
“The real power is with the federal government,” he said. “They have the asset forfeiture, and that means either the federal government will own a lot of property or these landlords will evict a lot of dispensaries.”
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Comments (92)
V-MAN MACE
Posted on October 7, 2011 at 1:13amThe Feds are simply eliminating the competition (American growers) of their partners (the Mexican drug cartels) who they work hand in hand with moving drugs, guns, and cash, and keeping drugs illegal- thus lucrative.
Abolish the DEA, ATF, CIA, FBI, just abolish all Federal agencies and return power to the states.
THEY SUCK!!!! And they’re CORRUPT!
Report Post »gpb129
Posted on October 7, 2011 at 1:04amThe gov doesnt like competition, they are cought letting guns down to mexoca for the senaloa cartel and in return they get to walk or drive semis full of cocain and other drugs across the border. They have been cought red handed and we demand they fix the corruption.
Report Post »ICRedifURBlue
Posted on October 7, 2011 at 12:50amThe ba$tards are just tryin’ to pi$$ more people off, get ‘em riled up, hope they protest and get an excuse to declare martial law and suspend the Constitution………I may be wrong but it sure seems to be the game that’s afoot……sure hope not but we’re fairly well armed and prepared….pray for Peace.
Report Post »plaso20
Posted on October 7, 2011 at 12:57amI totally agree. One of the Alinsky rules is to keep them in chaos then they will accept anything you offer them!
Report Post »Ferrarello
Posted on October 7, 2011 at 12:37amThe Government is now being run by Al Capone.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:03amSomebody give me one good reason why marijuana should be prohibited? Annnnnd, go.
Report Post »Cosmos102
Posted on October 7, 2011 at 12:29amWhatsamatterwiyou? Youthinkinyoumaynothaveenoughpottogoaroundinafewyears…???? Excuseme…I gottago pee. okay.done.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:37amWow, that was intelligent. Thank you for enlightening me.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:51amFor the record, no, I don’t smoke marijuana. But I am one of those crazies who’s worried about our dwindling right to make our own decisions. “Because we said so” is not a good enough reason for me.
Report Post »Cosmos102
Posted on October 7, 2011 at 1:32amWow, that was intelligent. Thank you for enlightening me.
country_hick
Posted on October 6, 2011 at 11:17pmJURY NULLIFICATION
Report Post »A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to prosecute a statutory offence, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment.
Salamander
Posted on October 6, 2011 at 11:07pmGee, that is too bad! There wouldn‘t be much of a Solar Electric Industry if it weren’t for the California Pot Farmers! It’s the largest cash crop in a hugely agricultural state! Hmmm, I wonder who picks all the stuff? Do they trust it to the Mexicans? Oh, oh, maybe the reason they can’t find American field hands, is that all of THEM are working for the pot farmers???
Report Post »gwel57
Posted on October 6, 2011 at 11:56pmMedical marijuana is grown here buy American workers, cutting in on the Mexican cartels profits and they are pissed about it. Especially since their supply of government guns stopped. IMHO This could be a way for the Feds to pacify them.
Report Post »M13
Posted on October 7, 2011 at 9:38amGrow your own weed then.
Report Post »bulletsinthegun
Posted on October 6, 2011 at 10:57pmThey are doing it in Oregon too with the help local police. The Raids have started.
Report Post »Norm D. Plume
Posted on October 6, 2011 at 10:53pmI wish California would secede from the Union. Allowing FedGov to abuse its citizens like this, is ridiculous.
Report Post »The-Monk
Posted on October 6, 2011 at 10:49pmCan’t wait to see Harry Reid on MSNBC blaming this on Republicans and the Tea Party. I hope he’s votes out in 2012 along with BHO and most of the other progressives and socialist.
Report Post »Salamander
Posted on October 6, 2011 at 11:11pmHarry is probably going to use the Nuclear Waste Storage Facility at Yucca Mountain to store Medical Marijuana for the hard times ahead! Might be a better hedge than gold!
Report Post »spurjimmy
Posted on October 7, 2011 at 8:25amReid would have to be recalled. Unfortunately, he was just re-elected to a six year term in 2010.
Report Post »NOT A CRAZY
Posted on October 6, 2011 at 10:27pmWhat do they think of their savior, B.O., now? Oh, that is right they are to dazed and confused to have a valid opinion.
Report Post »jdmeac
Posted on October 6, 2011 at 10:26pmSince we needed a Constitutional Amendment to ban alcohol, why isn’t there one to ban marijuana? That means EVERY law against drugs and such, unConstitutional.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:01amYeah and when THAT was prohibited, everyone was still doing it, even the politicians who outlawed it. Now we all know how well that worked out…
Report Post »teep
Posted on October 6, 2011 at 10:26pmIt’s too bad Romney and Cain both support Federal Prohibition over States Rights.
Report Post »The-Monk
Posted on October 6, 2011 at 10:40pmShow me where Cain has said this or shut up poser.
Report Post »The-Monk
Posted on October 6, 2011 at 10:50pmI’m waiting TEEP… put up or shut up.
Report Post »The-Monk
Posted on October 6, 2011 at 10:59pmOh, I get it. You‘re another Ron Paul person that makes statements that they can’t back up. If that‘s the case I’ll just say it now… You are a liar.
Report Post »americansfightingforcommonsense
Posted on October 6, 2011 at 10:16pmCalifornia has a huge problem with “Dope”/ Marijuana and needs to do something about it asap. I am very disturbed about what I’ve told by my two step daughters who moved to the San Fransicko area and have told us that anybody can buy as much as they want. It makes me sick to know just what kind of an environment they moved to so they could be with their father. We are watching as the next generation is being flushed down the toilet and the “Government” just stands back and allows it to happen. Stop allowing our kids to get illegal drugs and shut down these places that are selling it to them.
Report Post »teep
Posted on October 6, 2011 at 10:21pmSorry, but Federal Government dictating what states should do is not a Conservative ideology. Maybe you should try HuffPo.
Report Post »Norm D. Plume
Posted on October 6, 2011 at 10:52pmIf you’ve properly educated your daughters about the dangers of dope, you should have nothing to worry about.
If someone is smoking a joint in their back yard, what the Hell difference does it make to you?
Report Post »This_Individual
Posted on October 6, 2011 at 11:19pmIf it’s not marijuana here in California, it’s freon everywhere else. People are always giong to find some way to get high. It’s not pretty, but it’s the truth.
Report Post »GergTheDaddyTard
Posted on October 7, 2011 at 12:29amFirst of all, Dope is cocaine, not MJ. Manufactured drugs like cocaine and meth should be illegal. MJ is more along the lines of caffeine and aspirin. Just like how Glenn’s been talking about universities making higher education to be the only way to get a good career as way to push people into paying way to much money for a worthless education, what I call Educational Discrimination, MJ laws are just another form of legal discrimination. Most of the people I know who smoke and grow, legally btw, are smarter, more productive, and are overall nicer people than most. Check your bigotry at the door bro.
Report Post »KidCharlemagne
Posted on October 7, 2011 at 10:22amThat was the same argument that was used against Budweiser, Schlitz, & Coors back in the 1920′s:
“Because liquor was no longer legally available, the public turned to gangsters who readily took on the bootlegging industry and supplied them with liquor. On account of the industry being so profitable, more gangsters became involved in the money-making business.”
Report Post »JustJerry
Posted on October 7, 2011 at 10:26amI agree with Teep. A conservative position should be one of personal freedom and abolishing laws such as the drug war.
Republicans want Freedom and Justice for all. Except those they do not agree with.
Report Post »EddieGin
Posted on October 6, 2011 at 10:06pmWhen is Calf going to vote for the Repub’s…That would really shake up Barry. He is such a liar on this Marihuana issue. F’ing liar rail.
Report Post »Delete the Elite
Posted on October 6, 2011 at 10:20pmWhat republican candidates are running on marijuana legalization? Not many.
Report Post »Norm D. Plume
Posted on October 6, 2011 at 10:57pmPaul is running on a “this is for the States to decide, and we should end the ridiculous War on Some Drugs” platform.
Hey, sounds great to me!
Report Post »geonj
Posted on October 6, 2011 at 10:06pmso far they crack down on illegal dispensaries. bet that is as far as it goes. watch the other hand.
Report Post »GhostOfJefferson
Posted on October 6, 2011 at 10:05pmAny leftist that thinks Obama is against the Drug War, think again. He’s been more strict in its enforcement than Bush if you check the records, and more draconian than Bush as well.
Welcome to your Hope and Change.
Report Post »scuba13
Posted on October 6, 2011 at 10:09pmAlso don’t forget he ran more guns too.
Report Post »teep
Posted on October 6, 2011 at 10:24pm“He’s been more strict in its enforcement than Bush if you check the records, and more draconian than Bush as well.”
citation needed.
Report Post »GhostOfJefferson
Posted on October 6, 2011 at 10:46pm@Teep
Research Hamedah Hasan, and Kenneth Harvey. Also research Clarence Aaron.
Report Post »Delete the Elite
Posted on October 6, 2011 at 10:01pmOur Federal Government is out of line and needs to be put in check. This is beyond ridiculous.
Report Post »This_Individual
Posted on October 6, 2011 at 9:56pmAfter watching Prohibition by Ken Burns, this debate is in a brand new light for me.
Report Post »KidCharlemagne
Posted on October 6, 2011 at 10:08pmAl Capone used to pay off the cops, judges, & politicians in Chicago to eliminate his competitors in the bootlegging business…
But when that didn’t work, he would just have them killed instead.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:06amExactly, prohibition doesn’t work.
Report Post »drphil69
Posted on October 6, 2011 at 9:56pmThere’s a surprise – let the business get up and running, then bust them. The fed is just jealous because they aren’t in control of it.
First they give the drug lords guns, then they shut down the drug lords’ competition. Coincidence??
Report Post »Snowleopard {gallery of cat folks}
Posted on October 6, 2011 at 10:02pmNo coincidence at all — the Fed’s want control of the distribution themselves, keep the people happy and doped up and compliant…old lesson of Rome, Bread and Circuses…nowadays its dope, booze, and massive entitlements.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:08amIt’s no more than a power play.
Report Post »Confederate Abolitionist
Posted on October 6, 2011 at 9:54pmIt took a constitutional amendment to outlaw alcohol. Where is the amendment to outlaw marijuana? Feds keep pulling power out of their asses.
Report Post »GhostOfJefferson
Posted on October 6, 2011 at 10:06pmTotally agree. And 60% of conservatives don’t see it.
Report Post »Smokey_Bojangles
Posted on October 6, 2011 at 9:45pmObama does not want Competition with the Mule Illegal Alien voters and the Drug Cartels Eric Holder likes to Arm.He wants to Cheese Off Everybody so he can declare martial law and suspend 2012 elections.
Report Post »marhee9
Posted on October 6, 2011 at 9:54pmYou’re probably right Smokey, he needs the Hispanic vote now more than ever. The hypocrisy of this administration when it comes to enforcing the law is amazing. In fact it’s gotten to the point where this guy is beyond hypocrisy. http://www.youtube.com/watch?v=NVBEevXrITc
Report Post »Snowleopard {gallery of cat folks}
Posted on October 6, 2011 at 10:00pmIndeed, one more part of the system; and yet consider this as well…Mr Obama said that the DOJ would not go after the users of medical marijuana (if I recall right), he never said about not going after the state licensed distributors of it; and in doing so, he is setting up the power play for the Fed’s themselves to become the only dispensor of it — aside from the drug cartels he will allow to do as well for his own agenda in keeping the borders destabalized.
Report Post »Grasshopper42
Posted on October 6, 2011 at 9:44pm“Federal law takes precedence over state law” my a$$.
Report Post »TwoMinuteMan
Posted on October 6, 2011 at 9:54pmMJ is regulated and controlled by the Federal govt. Not the States.
It is contraband. Illegal. A No-No. Prohibited. Not allowed.
Report Post »Islesfordian
Posted on October 6, 2011 at 10:27pmIf it is grown in the State in which it is soild the feds should have no authority over it. But that would mean getting back to a rational interpretation of the Commerce Clause. That’s about as likely as getting rid of the Income Tax. Both are sources of immense power to the federal government.
Report Post »Norm D. Plume
Posted on October 6, 2011 at 10:54pm@Islesfordian:
Correct-a-mundo. Well said.
Report Post »brian8793
Posted on October 7, 2011 at 12:13amIt‘s been a long time since I’ve smoked weed, but I can tell that’s a horrible trim job.lol
Report Post »dealer@678
Posted on October 6, 2011 at 9:41pmI dont care. I care that Fox News is now taking credit for the work Beck is doing. Especially Megyn and Bill
Report Post »dealer@678
Posted on October 6, 2011 at 9:45pmHas anyone else noticed that the talking heads on Fox are now reporting BECK NEWS and not giving him credit for that news.
Report Post »scuba13
Posted on October 6, 2011 at 10:12pmHey dealer you’r talking to yourself again.
Report Post »jb.kibs
Posted on October 7, 2011 at 1:22ami only have broadcast tv, and i don’t watch it. i don’t have GBTV and i only watch / listen to certain internet streams and vids…
Paul Anka: To stop those monsters 1-2-3,
Report Post »Here‘s a fresh new way that’s trouble-free,
It‘s got Paul Anka’s guarantee…
Lisa: Guarantee void in Tennessee.
All: Just don’t look! Just don’t look!
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Vital
Posted on October 6, 2011 at 9:39pmMexican Cartels will have free range
Report Post »Smokey_Bojangles
Posted on October 6, 2011 at 9:46pmPart of the Fast and Furious Program.
Report Post »teep
Posted on October 6, 2011 at 10:29pmThe cartels are the ones being busted.
Report Post »WhatsRightIsntAlwaysPopular
Posted on October 7, 2011 at 12:11am@Teep: ?
Report Post »Zorro6821
Posted on October 7, 2011 at 9:50amMexican Cartels were hurting in California. Not Anymore. Now they can sell freely without competition. They can also sell chemical and pesticide laced pot that will kill. Hey we also gave them free guns to protect their interests. None of this make sense anymore, America has gone MAD!!!!
Report Post »KidCharlemagne
Posted on October 7, 2011 at 10:12amteep
Posted on October 6, 2011 at 10:29pm
The cartels are the ones being busted.
====================================
You’re obviously mistaken:
Mexican drug cartels’ US reach expanded over 300 percent in two years
Published: 12:02 AM 09/30/2011
Updated: 9:42 AM 09/30/2011
Mexican drug cartels have expanded the scope of their U.S. operations over 300 percent in two years, from operating in at least 230 cities in 2008 to more than 1,000 cities in 2010, according to a comparison of the U.S. Justice Department’s National Drug Threat Assessments.
Report Post »http://dailycaller.com/2011/09/30/drug-war-mexican-cartels-u-s-reach-expands-over-400-percent-in-two-years/