On the Net, Author at Arizona Medical Marijuana Law - Page 41 of 50

About On the Net

The author of this article is Richard Keyt, an Arizona business law attorney who is the creator of this Arizona medical marijuana law website. Connect with Richard at 480-664-7478 or on Google+

Gilbert Protesters Challenge Pot Dispensaries

Arizona Republic: “The Gilbert Planning Commission on Wednesday approved permits for two proposed medical-marijuana dispensaries in the town’s northwestern corner, but not before fielding protests from several nearby residents and business owners. Contentious discussions on marijuana-related issues lasted several hours, but by night’s end, Sonoran Star Remedies and Beleaf Inc. became the first two dispensaries to receive permits to operate in Gilbert.”

By On the Net|2012-08-18T09:34:25-07:00May 6th, 2011|Stories & Articles, Zoning|Comments Off

Tempe Medical Pot Dispensaries could be Near Retail Centers

Arizona Republic: “Tempe Marketplace and Ikea could soon have medical-marijuana dispensaries as neighbors if the state approves two sites near the mega retail centers.”

By On the Net|2012-08-18T10:16:21-07:00May 6th, 2011|Stories & Articles, Zoning|Comments Off

Venice, California, Pot Doctors Shut Down after Raid by State Medical Board and Police

Los Angeles Times: “One of the Venice boardwalk’s eye-catching only-in-California features, the storefront pot doctors who lure patients with barkers, was shut down Wednesday, when the state medical board and law enforcement officers raided three locations linked to Medical Kush Doctor. ‘It appeared to me that the target was the doctors and the practice of writing recommendations and the collective was a collateral casualty’.”

By On the Net|2011-05-05T10:05:38-07:00May 5th, 2011|California News, Marijuana Crimes, Stories & Articles|Comments Off

Marana Commission OKs Dispensary Permit

Arizona Daily Star: “Marana’s Planning Commission voted 5-2 in favor of approving a conditional use permit for the first application the town has received from a company looking to set up a medical marijuana dispensary and growing operation. Commissioner Jeffrey Adragna and board Chairman Norman Fogel voted against issuing the permit at the commission’s April 27 meeting. A company called Progressive Herbal Care applied for the permit, hoping to set up shop in 3,000 square feet at 6248 N. Travel Center Drive.”

By On the Net|2012-08-18T09:40:30-07:00May 5th, 2011|Stories & Articles, Zoning|Comments Off

Arizona Medical Marijuana Growers could Pose Problems for Police

Arizona Republic: “Indoor gardening could become a challenge for Chandler police. So far, 64 residents have one-year state-issued cards to grow marijuana at home. . . . But it’s unclear who will be checking on them even though growing marijuana without a permit is a crime. And some question why anyone would invest time and money in an indoor growing setup to use it for a few months.”

By On the Net|2011-05-05T09:48:22-07:00May 5th, 2011|Stories & Articles|Comments Off

Chandler’s Marijuana-dispensary Restrictions Could be too Strict

Arizona Republic: “Less than a week after the Chandler City Council denied a permit for its only medical-marijuana dispensary applicant, some members say their zoning rules may be too restrictive. . . . Only three commercial areas meet the distance requirements, and landlords there are refusing to rent to a dispensary, planner Jodie Novak said. That makes it unlikely that the city will have any dispensaries when the state starts approving locations in August.”

By On the Net|2011-05-05T09:45:06-07:00May 5th, 2011|Stories & Articles|Comments Off

Colorado Medical-marijuana Bill Draws U.S. Attorney’s Warning

Denver Post: “The U.S. attorney for Colorado warned state lawmakers Tuesday that pending legislation adjusting rules for medical marijuana would conflict with federal law and could lead to federal prosecutions. U.S. Attorney John Walsh’s letter was sent to Colorado Attorney General John Suthers in response to his request for clarification on how federal treatment of medical marijuana use may conflict with pending legislation now under consideration in House Bill 1043.”

The text of the Colorado U.S. Attorney’s letter follows:

April 26, 2011

Jobn Suthers
Attorney General
State of Colorado
1525 Sherman St, 7th Floor
Denver, CO 80203

Dear Attorney General Suthers:

I am writing in response to your request for clarification of the position of the U.S. Department of Justice (the “Department”) with respect to activities that would be licensed or otherwise permitted under the terms of pending House Bill 1043 in the Colorado General Assembly. I have consulted with the Attorney General of the United States and the Deputy Attorney General of the United States about this bill, and write to ensure that there is no confusion as to the Department’s views on such activities.

As the Department has noted on many prior occasions, the Congress of the United States has determined that marijuana is a controlled substance, and has placed marijuana on Schedule I of the Controlled Substances Act (CSA). Federal law under Title 21 of the United States Code, Section 841, prohibits the manufacture, distribution or possession with intent to distribute any controlled substance, including marijuana, except as provided under the strict control provisions of the CSA. Title 21, Section 856 makes it a federal crime to lease, rent or maintain a place for the purpose of manufacturing, distributing or using a controlled substance. Title 21, Section 846 makes it a federal crime to conspire to commit that crime, or any other crime under the CSA. Title 18, Section 2 makes it a federal crime to aid and abet the commission of a federal crime. Moreover, federal anti-money laundering statutes, including Title 18, Section 1956, make illegal certain financial transactions designed to promote illegal activities, including drug trafficking, or to conceal or disguise the source of the proceeds of that illegal activity. Title 18, Section 1957, makes it illegal to engage in a financial transaction involving more than $10,000 in criminal proceeds.

In October 2009, the Department issued guidance (the “Ogden Memo”) to U.S. Attorneys around the country in states with laws authorizing the use of marijuana for medical purposes under state law. At the time the Ogden Memo issued, Colorado law, and specifically, Amendment 20 to the Colorado Constitution, authorized the possession of only very limited amounts of marijuana for medical purposes by individuals with serious illnesses and those who care for them. [footnote 1] As reiterated in the Ogden memo, the prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the Ogden Memo, we maintain the authority to enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department’s investigative and prosecutorial resources will continue to be directed toward these objectives.

It is well settled that a State cannot authorize violations of federal law. The United States District Court for the District of Colorado recently reaffirmed this fundamental principle of our federal constitutional system in United States v. Bartkowicz, No. 10-cr-00118-PAB (D. Colo.2010), when it held that Colorado state law on medical marijuana does not and cannot alter federal law’s prohibition on the manufacture, distribution or possession of marijuana, or provide a defense to prosecution under federal law for such activities.

The provisions of Colorado House Bill J 043, if enacted, would permit under state law conduct that is contrary to federal law, and would threaten the ability of the United States government to regulate possession, manufacturing and trafficking in controlled substances, including marijuana. First, provisions of a proposed medical marijuana investment fund amendment to H.B. 1043, which ultimately did not pass in the Colorado House but which apparently may be reintroduced as an amendment in the Colorado Senate, appear to contemplate that the State of Colorado would license a marijuana investment fund or funds under which both Colorado and out-of-state investors would invest in commercial marijuana operations. The Department would consider civil and criminal legal remedies regarding those who invest in the production of marijuana, which is in violation of federal law, even if the investment is made in a state-licensed fund of the kind proposed.

Second, the terms of H.B. 1043 would authorize Colorado state licensing of “medical marijuana infused product” facilities with up to 500 marijuana plants, with the possibility of licensing even larger facilities, with no stated number limit, with a state-granted w.river based upon consideration of broad factors such as “business need.” Similarly, the Department would consider civil actions and criminal prosecution regarding those who set up marijuana growing facilities and dispensaries, as well as property owners, as they will be acting in violation of federal law.

As the Attorney General has repeatedly stated, the Department of Justice remains firmly committed to enforcing the federal law and the Controlled Substances Act in all states. Thus, if the provisions of H.B. 1043 are enacted and become law, the Department will continue to carefully consider all appropriate civil and criminal legal remedies to prevent manufacture and distribution of marijuana and other associated violations of federal law, including injunctive actions; civil penalties; criminal prosecution; and the forfeiture of any property used to facilitate a violation of federal law, including the Controlled Substances Act.

I hope this letter provides the clarification you have requested, and assists the State of Colorado and its potential licensees in making informed decisions regarding the cultivation, manufacture, and distribution of marijuana, as well as related financial transactions.

JOHN F. WALSH
United States Attorney
District of Colorado

[footnote 1] As passed by Colorado voters in 2000, Amendment 20 made lawful under Colorado law the possession by a patient or caregiver of patient of “[n]o more than two ounces of a useable form of marijuana or no more than six marijuana plants with three or fewer being mature, flowering plants producing a usable form of marijuana.” Colo. Const. art. XVIII, § 14(4)(a). Within these limits, the Amendment authorized a medical marijuana “affirmative defense” to state criminal prosecution for possession of marijuana. Colo. Const. art. XVIII, § 14(2)(a), (b).

By On the Net|2015-04-06T18:51:48-07:00May 4th, 2011|Colorado News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

New Arizona Law can Shield Employers in Marijuana Lawsuits

Arizona Republic: “A new state law, signed by Gov. Jan Brewer on Friday, could shield some employers from lawsuits if they wish to fire workers who are under the influence of medical marijuana or prescription drugs on the job. Another provision in the law allows employers with a qualifying drug-testing policy to reassign or lay off workers who take such medications if they have a job with possible safety risks. The law, House Bill 2541, takes effect immediately.”

By On the Net|2011-05-04T06:38:06-07:00May 4th, 2011|Legal Issues, Stories & Articles|Comments Off

Will Humble & Other Arizona Medical Marijuana Law Pundits Bury Heads in Sand

After five U.S. Attorneys in recently issued letters stating the position of the Department of Justice is to prosecute people involved in growing and selling marijuana, local Arizona medical marijuana law pundits have dug deeper holes into which they have inserted their heads. Yesterday, Peter F. Neronha, the U.S. Attorney for Rhode Island hand delivered a letter to the Governor of Rhode Island that said he intends to prosecute the people involved in Rhode Island’s three medical marijuana dispensaries that are scheduled to open in June and July.

The U.S. Attorney also delivered his letter to the owners of the three yet-to-be opened Rhode Island medical marijuana dispensaries. In response to the letter, the Governor of Rhode Island, Lincoln D. Chafee, suspended the licensing of the state’s three prospective medical marijuana dispensaries. The text of the Governor’s press release follows:

“May 2, 2011

“Statement from Governor Lincoln D. Chafee Regarding Compassion Centers

“The United States Attorney for the District of Rhode Island delivered a letter to me on Friday afternoon which was copied to the Director of the Department of Health and the three Compassion Center applicants. That letter, as well as similar letters sent to officials in other states, clarified the Department of Justice’s position on medical marijuana. The Department of Justice previously indicated that it would not focus its limited resources on doctors and their sick patients who prescribe and use marijuana if such use was permitted by state law. This position was interpreted by some states as giving them latitude to authorize medical marijuana cultivation and distribution programs. Friday’s letter makes it clear that DOJ will now pursue certain commercial cultivation and distribution of medical marijuana, even if such cultivation and distribution is permitted by state law. Compassion centers, their owners, landlords, financiers and other operations “facilitators” are identified as potential targets of federal law enforcement activities.

“None of Rhode Island’s compassion center applicants have received a certificate of registration to date. In light of the United States Attorney’s articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the State’s medical marijuana certificate of registration program. During this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves.”

Here in Arizona our medical marijuana law pundits said the following after Dennis Burke’s letter of May 2, 2011, in which he said it is a core priority of the Department of Justice to prosecute those who grow and sell marijuana unless they are patients or caregivers who strictly comply with Arizona’s medical marijuana laws.

“But attorney Jordan Rose, who has been advising those going into the business, said no one should be worried. She said nothing in Burke’s letter is markedly different than what has been said U.S. attorneys in other states with medical marijuana laws” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

Commenting on recent raids of dispensaries in California and Montana, Joe Yuhas said the “raids appear to be isolated. And Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, said he doesn’t expect similar problems here” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

[Director of the Arizona Department of Health Services Will] “Humble said, he does not expect most dispensaries to wind up under federal scrutiny. ‘Really, it’s not about whether you’re in compliance with your state law but rather are you a large-scale actor who’s manufacturing, distributing, possessing, marketing in clear violation of the (federal) Controlled Substances Act,” he said. Humble said that’s borne out by reading a bit between the lines of what Burke did — and did not — write.” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

“US attorney issues warning over Ariz medical pot”

Will Humble said “I think it’s a pretty clear shot across the bow for applicants who intend to have large-scale cultivation facilities or a big dispensary . . . . ‘I believe the federal government ought to enforce their laws,” Gov. Jan Brewer said. ‘I have been calling on them to do that with regards to illegal immigration, and they have refused, so I guess that they pick and choose which ones they want to enforce’. . . . ‘I think the biggest impact the letter could have would be to cut down on the number of dispensary applications that we get, especially for people who have a lot to lose and people that were planning to have a business model that included large-scale cultivation or a large dispensary,’ he [Will Humble] said. “Because it makes it clear that even if they were in total compliance with our rules … they could go to the pokey.”

“Arizona’s federal prosecutor issues warning over medical marijuana”

“Potentially more significant, Burke had special words of caution to those who are in the business of growing marijuana even if they have a cultivation license from the state. And he said even those on the periphery, including property owners, landlords and organizations which finance dispensaries, risk not just federal criminal prosecution but also having the assets seized.”

“U.S. Attorney in R.I. threatens to prosecute pot dispensaries“

“U.S. Attorney Peter F. Neronha Friday threatened to prosecute civilly and/or criminally those involved in Rhode Island’s three planned medical marijuana dispensaries — from the organizations that would run them to the landlords who rent them floor space. The threat was contained in a letter hand-delivered to Governor Chafee’s office in the morning and also sent Friday to the would-be proprietors of the dispensaries.”

“Chafee puts hold on RI medical-pot centers”

“on Sunday, in an interview with The Providence Journal, the U.S. Attorney said he hoped the dispensaries don’t open because he considers them to be large-scale for-profit cannabis production centers that are against federal law.”

“Chafee puts hold on medical marijuana centers“

“Gov. Lincoln D. Chafee said Monday he has put a hold on the state’s medical marijuana certificate of registration program after receiving notice that it could violate federal law.”

“Neronha says ‘compassion centers’ violate federal law“

“U.S. Attorney Peter F. Neronha said Sunday that he hopes that Rhode Island’s three state-approved medical-marijuana dispensaries don’t open and that if they do, “I might have to take some action” against them in court to prevent cultivation and distribution of the cannabis. ‘I don’t think it would be a wise move’ for them to start cultivating large amounts of marijuana, or selling it, Neronha said in a telephone interview. . . . Neronha says he considers the planned dispensaries, which some call “compassion centers,” large-scale, for-profit cannabis production businesses that are against federal law. . . . Neronha said it has never been his intention to prosecute the ‘small-time caregivers’ who are growing small amounts of marijuana for ill people. . . . But medical-marijuana dispensaries are a different story, he said.”

“U.S. attorney says medical-marijuana centers violate federal law“

“‘The Department of Justice maintains the authority to enforce [federal law] vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law,’ Neronha wrote. ‘The [state law], the registration scheme it purports to authorize and the anticipated operation of the three centers appear to permit large-scale marijuana cultivation and distribution. The Department of Justice could consider civil and criminal legal remedies against those individuals and entities who set up marijuana-growing facilities and dispensaries’ . . . .”

By On the Net|2017-10-07T09:54:50-07:00May 3rd, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off

U.S. Attorney Dennis Burke’s Buzz-Kill on Medical Marijuana: Feds to Act Against “Large” Grow Operations — But Won’t Define “Large”

Phoenix New Times: “Burke compounds the schizophrenic stance by stating that federal law “may be vigorously enforced against those individuals and entities who operate large marijuana production facilities. Individuals and organizations — including property owners, landlords and financiers” face legal problems including seizure of their property and other assets. Problem is, Burke gives no definition of ‘large.’ . . . Rather than simply make a decision, Obama’s Justice Department chooses to play games with people’s lives — and money. Go ahead, the feds say, invest your hundreds of thousands of dollars in a medical weed-related business. Maybe you’ll be a millionaire, or maybe you’ll end up serving a few years behind bars. But whether you’ll get the prize or prison will be based on a whim. Your operation may be too ‘large,’ while someone else’s may be just right. . . . drug cartel kingpins probably can’t wait for the feds to target state-approved pot suppliers.”

By On the Net|2012-05-12T15:23:02-07:00May 3rd, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|1 Comment

Arizona’s U.S. Attorney Notifies Will Humble & Arizona Department of Health Services that Compliance with Arizona’s Medical Marijuana Law Does not Offer Protection from Federal Criminal Laws

Today, May 2, 2011, the United States Attorney for Arizona, Dennis Burke, sent a letter to Arizona Department of Health Services Director Will Humble that notified him and the would-be Arizona medical marijuana industry that compliance with Arizona’s recently enacted medical marijuana laws and the DHS rules implementing the laws is not a defense to prosecution for violating U.S. criminal laws involving marijuana. Here are the main points contained in the letter:

May 2, 2011

Will Humble
Director
Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, Arizona 85007

Re: Arizona Medical Marijuana Program

Dear Mr. Humble:

I understand that on April 13, 2011, the Arizona Department of Health Services filed rules implementing the Arizona Medical Marijuana Act (AMMA), passed by Arizona voters on November 2, 2010. The Department of Health Services rules create a regulatory scheme for the distribution of marijuana for medical use, including a system for approving, renewing, and revoking registration for qualifying patients, care givers, nonprofit dispensaries, and dispensary agents. I am writing this letter in response to numerous inquiries and to ensure there is no confusion regarding the Department of Justice’s view of such a regulatory scheme.

The Department has advised consistently that Congress has determined that marijuana is a controlled substance, placing it in Schedule I of the Controlled Substances Act (CSA). That means growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws that purport to pennit such activities. As has been the case for decades, the prosecution of individuals and organizations involved in the trade of illegal drugs and the disruption of illegal drug manufacturing and trafficking networks, is a core priority of the Department of Justice. The United States Attomey’s Office for the District of Arizona (“the USAO”) will continue to vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.

An October, 2009, memorandum from then-Deputy Attomey General Ogden provided guidance that, in districts where a state had enacted medical marijuana programs, USAOs ought not focus their limited resources on those seriously ill individuals who use marijuana as part of a medically recommended treatment regimen and are in clear and unambiguous compliance with such state laws. And, as has been our policy, this USAO will continue to follow that guidance. The public should understand, however, that even clear and unambiguous compliance with AMMA does not render possession or distribution of marijuana lawful under federal statute.

Moreover, the CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities. Individuals and organizations- including property owners, landlords, and financiers -that knowingly facilitate the actions of traffickers also should know that compliance with AMMA will not protect them from federal criminal prosecution, asset forfeiture and other civil penalties. This compliance with Arizona laws and regulations does not provide a safe harbor, nor immunity fromfederal prosecution.

The USAO also has received inquiries about our approach to AMMA in Indian Country, which comprises nearly one third of the land and five percent of the population of Arizona, and in which state law -including AMMA- is largely inapplicable. The USAO currently has exclusive felony jurisdiction over drug trafficking offenses in Indian Country. Individuals or organizations that grow, distribute or possess marijuana on federal or tribal lands will do so in violation of federal law, and may be subject to federal prosecution, no matter what the quantity of marijuana. The USAO will continue to evaluate marijuana prosecutions in Indian Country and on federal lands on a case-by-case basis. Individuals possessing or trafficking marijuana in Indian Country also may be subject to tribal penalties. I hope that this letter assists the Department of Health Services and potential registrants in making informed choices regarding the possession, cultivation, manufacturing, and distribution of medical marijuana.

Sincerely,

DENNIS K. BURKE
United States Attorney
District of Arizona

Will Humble’s first public response to Mr. Burke’s warning shot across the bow of prospective Arizona medical marijuana dispensaries was to recite portions of Dennis Burke’s letter and to warn:

“The bottom line take-home message in today’s letter is that federal enforcement priorities in Arizona will continue to focus on folks that manufacture, distribute, possess and market marijuana despite the passage of the AZ Medical Marijuana Act- and that folks that operate large cultivation facilities or dispensaries (including property owners, landlords, and financiers) will be at risk for federal prosecution and asset forfeiture even if they’re in compliance with Arizona law and the rules that we published a couple of weeks ago.”

I expected Dennis Burke’s letter to say what it said. He merely reiterated the position of the United States Attorney General as set forth in recent letters from the U.S. Attorneys for the Northern District of California, the Eastern District of Washington and the Western District of Washington. See

“Burke: No safe harbor in Arizona on federal pot laws“

“U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws”

“Washington Legislature Passes New Medical-marijuana Law, Governor Threatens Veto“

“WA US Attorney Says Marijuana Dispensaries / Stores Violate Federal Law”

“Director of Arizona Department of Health Services Not Worried About Being Charged with Violating Federal Marijuana Criminal Laws“

By On the Net|2015-04-06T18:51:47-07:00May 2nd, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off

Washington Legislators ask State AG’s Opinion on Vetoed Medical Marijuana Bill

Kitsap Sun: “Fifteen Democratic legislators are asking Washington Attorney General Rob McKenna for a legal opinion on whether state employees should fear federal law enforcement officers if a vetoed section of a medical marijuana bill is revived. . . . The legislators’ letter asks McKenna for his office’s opinion on whether the bill’s vetoed portion would have put state employees at risk of federal arrest”

By On the Net|2017-02-12T07:38:38-07:00May 2nd, 2011|Marijuana Crimes, Stories & Articles|Comments Off

Arizona Medical Pot Law no Shield for Users, Growers, Prosecutor Says

Arizona Republic: “Arizona’s top federal prosecutor launched a pre-emptive strike against the state’s medical-marijuana industry Monday, warning prospective pot growers and sellers that they could be prosecuted under federal drug-trafficking laws. U.S. Attorney Dennis Burke, joining a growing chorus of federal law officers across the country, said his office will abide by a 2009 Justice Department memo that discourages prosecution of medical-marijuana users. But he said anyone who possesses or distributes marijuana is still violating federal law. And he singled out large operations.”

The story said that Arizona Governor Jan Brewer does not intend to stop the implementation of Arizona’s medical marijuana laws. Maricopa County Attorney William Montgomery said this about Dennis Burke’s letter:

“I think this is the end of the medical-marijuana movement. You can’t do a wink and a nod toward unlawful conduct and not have a consequence.”

Read the story. It contains more stupid statements made by Arizona medical marijuana law pundits about the significance of Dennis Burke’s letter. The story also says:

“Rep. John Kavanagh, R-Fountain Hills, said Burke’s letter is reason enough for Humble to stop issuing marijuana cards and halt plans for granting dispensary permits. ‘I hope he doesn’t think the Legislature is going to bail him out if he facilitates the distribution of marijuana,’ Kavanagh said. ‘The federal government has told him that this is an illegal operation. I don’t think they have to do the math for him’.”

By On the Net|2012-05-12T15:23:25-07:00May 2nd, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles|Comments Off

Alan Sobol Alleges Government Corruption

Alan Sobol of the Arizona Association of Dispensary Professionals posted an article on his website in which he alleges that certain groups are controlling the issuance of licenses to operate an Arizona medical marijuana dispensary. He said “The fix is in.”

By On the Net|2015-04-06T18:51:47-07:00May 1st, 2011|Stories & Articles|Comments Off

Medical-marijuana Zoning Rules Pinch Dispensaries

Arizona Republic: “Because of restrictive zoning rules, most medical-marijuana sites will be situated in industrial areas, far from prying eyes, foot traffic and passing cars. Cities made every effort to create distance between the marijuana operations and homes, schools, churches, parks and other similar facilities. As a result, even though medical-marijuana locations are allowed in zoning categories that cover most shopping areas, the distancing rules pose a serious hurdle.”

This story has an interesting table that summarizes the zoning applications in several large Arizona cities.

By On the Net|2011-05-01T07:35:42-07:00May 1st, 2011|Zoning|Comments Off

Medical-pot Panelists Grilled over Dispensary-approval Rules

Arizona Republic: “As aspiring medical-marijuana growers and sellers prepare to submit their applications to open up shop in Arizona, questions and concerns remain about the state’s approval process. A panel discussion, sponsored by professional organization Valley Partnership and held at the Phoenix Country Club, allowed prospective marijuana dispensers and others to get a better idea of what state health officials will be looking for, and how the process will proceed after June 1, when the Arizona Department of Health Services begins accepting applications for up to 126 dispensary licenses.”

The Arizona Republic story contains some inaccuracies that Director Will Humble corrected in a blog post today.

By On the Net|2011-05-01T16:24:49-07:00May 1st, 2011|Stories & Articles|Comments Off

Federal Agents Raid Spokane Medical Marijuana Dispensaries

MSNBC.com: “Federal agents are raiding several medical marijuana dispensaries in Spokane, following a warning from the top federal prosecutor there that such operations are illegal.” See “U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws” and “WA US Attorney Says Marijuana Dispensaries / Stores Violate Federal Law.”

By On the Net|2015-04-06T18:51:47-07:00April 30th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

Alan Sobol Says “You Are Being SCAMMED!”

Alan Sobol: “AZDHS will start accepting Dispensary applications during the month of June 2011. This gives applicants a maximum of 75 days or less from the date of publication of the Final Rules to obtain zoning approval, which in most cases is virtually impossible. . . . Under Title 36, only the Arizona Health Department is authorized to select the Dispensary owners. Under the aforementioned scenario, it appears that AZDHS has deferred its authority to select the Dispensary owners to the City of Scottsdale . . . . This is a scenario that will be repeated all across Arizona. This is a scam!!

By On the Net|2015-04-06T18:51:47-07:00April 30th, 2011|Stories & Articles|Comments Off

Chandler OKs Medical-marijuana Cultivation Site

Arizona Republic: “The Chandler City Council Thursday night said no to a medical-marijuana dispensary at Dobson and Frye roads, but it said yes to growing the drug indoors south of Chandler Boulevard and east of 56th Street. The cultivation site will be at 6730 W. Chicago St., in west Chandler near I-10, if the applicant wins state approval. That city permit had been requested by Arizona Organix, a non-profit corporation run by Phoenix resident Bill Myer, who owns a real estate license, and his son, Ben, a 2005 graduate of Arizona State University.”

By On the Net|2011-04-30T08:27:07-07:00April 30th, 2011|Stories & Articles|Comments Off

Washington Governor Vetoes Most of Medical Marijuana Bill

Seattle Times: “Gov. Chris Gregoire vetoed most of a landmark expansion of the state’s medical marijuana law Friday, saying the bill would potentially put state employees at risk of federal prosecution.” See “Gregoire vetoes portions of medical marijuana bill.”

By On the Net|2017-02-12T07:38:38-07:00April 29th, 2011|Stories & Articles|Comments Off

Scottsdale OKs Its First Medical-marijuana Dispensary

Arizona Republic: “The City Council has approved Scottsdale’s first permit for a medical-marijuana dispensary. The Virtue Center, 7301 E. Evans Road, in the Scottsdale Airpark, would supply medical marijuana and provide consultations to patients. The planned 1,500-square-foot dispensary is northeast of Thunderbird and Scottsdale roads in north Scottsdale.”

By On the Net|2012-08-18T10:09:53-07:00April 29th, 2011|Stories & Articles, Zoning|Comments Off

Tempe OKs Medical Marijuana Dispensary Sites

Arizona Republic: “Tempe’s central Valley location and proximity to the nation’s largest university campus at 58,371 students has turned the 41-square mile city into a magnet for medical-marijuana entrepreneurs. Although the state has only approved Tempe for two medical marijuana dispensaries, the city’s zoning department has received 48 applications.” See the addresses approved by Tempe for dispensaries to date.

By On the Net|2012-08-18T10:16:40-07:00April 29th, 2011|Stories & Articles, Zoning|Comments Off

Agents Raid Washington Medical Marijuana Dispensaries

Seattle Times: “Medical marijuana activists across Washington state decried federal raids on at least two dispensaries in Spokane on Thursday, saying they underscored the need for a dispensary licensing system that the governor has threatened to veto. The raids came Thursday afternoon, three weeks after the top federal prosecutor in Eastern Washington, Spokane U.S. Attorney Michael Ormsby, warned the 40 dispensaries in the area that they should close up shop or face federal enforcement actions.”

By On the Net|2015-04-06T18:51:47-07:00April 29th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

Washington Legislature Passes New Medical-marijuana Law, Governor Threatens Veto

Seattle Times: “The Legislature passed a major overhaul of the state’s medical-marijuana law on Thursday despite a veto threat by the governor, a measure that would for the first time protect some patients from being arrested and create a system for licensing storefront dispensaries and grow operations. . . . But Gov. Chris Gregoire reiterated her opposition to the licensing scheme, saying she won’t sign it because state workers could be held liable for violating federal law”

The Washington Governor wrote a letter dated April 13, 2011, to Eric Holder, the Attorney General of the United States. The following day, the U.S. Attorneys for the Eastern and Western Districts of Washington responded to the Governor’s letter. Interesting to note that the Department of Justice responded to the Washington Governor’s request the before the U.S. mail could have delivered the letter to Eric Holder, but it has not yet responded to a similar request from the New Jersey Attorney General. See “N.J. Attorney General asks Obama Administration if N.J. Medical Marijuana Program Violates U.S. Law.” The text of Governor Christine Gregoir’s April 13, 2011, letter follows.

April 13, 20 11

The Honorable Eric Holder
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania A venue, NW
Washington, DC 20530-0001

Dear Attorney General Holder:

This letter requests written guidance on the Department of Justice’s position on enforcement of the Controlled Substances Act if state law were to establish a regulatory system wherein state officials license persons to dispense, produce, and process marijuana for medical use by qualifying patients. By way of background, in 1998 the voters of the state of Washington determined that patients with terminal or debilitating illnesses, under their physician’s care, who may benefit from the use of medical marijuana, would not be guilty of a crime under state law for their possession and limited use of marijuana. It is our understanding that the Department of Justice does not focus its resources on individuals who use marijuana as part of a recommended treatment regimen in compliance with state law, as outlined in an October 2009 Memorandum from Deputy Attorney General Ogden.

The Washington Legislature, concerned with a lack of sufficient and safe supply of medical marijuana, has under consideration Engrossed Second Substitute Senate Bill 5073. This legislation would provide for the Departments of Health and Agriculture to license persons to dispense, produce, and process cannabis for medical use. Licensed dispensers would select, measure, package, and label cannabis for delivery or retail sale to a qualifying patient or designated provider. Licensed processors would manufacture, process, handle, and label cannabis products for wholesale distribution to licensed dispensers. Licensed producers would produce cannabis for medical use for wholesale distribution to licensed dispensers and licensed processors of cannabis products.

In recent days I have been in contact with the United States Attorneys for the Western and Eastern Districts of Washington regarding this legislation. They referenced a February 1, 2011, letter that the United States Attorney for the Northern District of California wrote to the Oakland City Attorney in response to a request for guidance on the City of Oakland Medical Cannabis Cultivation Ordinance. The letter indicated that the Department of Justice would enforce the Controlled Substances Act against individuals and organizations that market and sell marijuana, even if such activities are permitted under state law, consistent with the guidance set forth in the 2009 Memorandum from Deputy Attorney General Ogden.

Within the next week lawmakers will be considering the differing versions of this legislation and determining what provisions of state law they will enact and forward to me, as Governor, for approval or disapproval. It would be very helpful to receive clear guidance on the Department of Justice enforcement position and whether the 2009 Memorandum from Deputy Attorney General Ogden should be read to encompass the activities that would be licensed under this state legislation. Also, it would be helpful if the guidance addressed whether state employees involved in inspecting the premises, auditing the records or collecting fees from the licensed dispensers, producers or processors would be immune from arrest or liability when engaged in the enforcement of this licensing law.

Thank you for your assistance as we make these important decisions.

Sincerely,

Christine 0. Gregoire
Governor

To read the U.S. Attorney’s response to this letter see “U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws.”

By On the Net|2017-02-12T07:38:38-07:00April 28th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws

On April 13, 2011, Washington Governor Christine Gregoire sent a letter to Attorney General Eric Holder asking him if Washington state employees would be prosecuted for implementing Washington’s new medical marijuana law. The next day, April 14, 2011, the U.S. Attorneys for the Eastern and Western Districts of Washington sent a letter to the Governor of Washington that contains a clear statement that the U.S. Attorney will prosecute people involved in the medical marijuana industry, including state workers who implement or oversee state medical marijuana laws. The U.S. Attorney for the Northern District of California, Melinda Haag, sent a letter dated February 1, 2011, to the City of Oakland that also said that she would prosecute people involved in the “industrial growing of marijuana.”

These three U.S. Attorneys each said that they consulted with U.S. Attorney General Eric Holder about the state legal medical marijuana issue and that their letters state the U.S. Attorney General’s position From these two recent letters it is apparent that the Department of Justice is giving a clear warning to everybody in the state legal medical marijuana business other than patients and caregivers that they risk prosecution for violating federal criminal laws involving marijuana. DHS are you listening? The text of the letter follows.

April 14, 2011

Honorable Christine Gregoire
Washington State Governor
P.O. Box 40002
Olympia, Washington 98504-0002

Re: Medical Marijuana Legislative Proposals

Dear Honorable Governor Gregoire:

We write in response to your letter dated April 13, 20 11, seeking guidance from the Attorney General and our two offices concerning the practical effect of the legislation currently being considered by the Washington State Legislature concerning medical marijuana. We understand that the proposals being considered by the Legislature would establish a licensing scheme for marijuana growers and dispensaries, and for processors of marijuana-infused foods among other provisions. We have consulted with the Attorney General and the Deputy Attorney General about the proposed legislation. This letter is written to ensure there is no confusion regarding the Department of Justice’s view of such a licensing scheme.

As the Department has stated on many occasions, Congress has determined that marijuana is a controlled substance. Congress placed marijuana in Schedule I of the Controlled Substances Act (CSA) and, as such, growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities.

The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we maintain the authority to enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department’s investigative and prosecutorial resources will continue to be directed toward these objectives.

Consistent with federal law, the Department maintains the authority to pursue criminal or civil actions for any CSA violations whenever the Department determines that such legal action is warranted. This includes, but is not limited to, actions to enforce the criminal provisions of the CSA such as:

– 21 U.S.C. § 841 (making it illegal to manufacture, distribute, or possess with intent to distribute any controlled substance including marijuana);

– 21 U.S.C. § 856 (making it unlawful to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances);

– 21 U.S.C. § 860 (making it unlawful to distribute or manufacture controlled substances within 1,000 feet of schools, colleges, playgrounds, and public housing facilities, and within 100 feet of any youth centers, public swimming pools, and video arcade facilities);

– 21 U.S.C. § 843 (making it unlawful to use any communication facility to commit felony violations of the CSA); and

– 21 U.S.C. § 846 (making it illegal to conspire to commit any of the crimes set forth in the CSA).

In addition, Federal money laundering and related statutes which prohibit a variety of different types of financial activity involving the movement of drug proceeds may likewise be utilized. The Government may also pursue civil injunctions, and the forfeiture of drug proceeds, property traceable to such proceeds, and property used to facilitate drug violations.

The Washington legislative proposals will create a licensing scheme that permits large-scale marijuana cultivation and distribution. This would authorize conduct contrary to federal law and thus, would undermine the federal government’s efforts to regulate the possession, manufacturing, and trafficking of controlled substances. Accordingly, the Department could consider civil and criminal legal remedies regarding those who set up marijuana growing facilities and dispensaries as they will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law. In addition, state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA. Potential actions the Department could consider include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA. As the Attorney General has repeatedly stated, the Department of Justice remains firmly committed to enforcing the CSA in all states.

We hope this letter assists the State of Washington and potential licensees in making informed decisions regarding the cultivation, manufacture, and distribution of marijuana.

Very truly yours,

Jenny A. Durkan
United States Attorney
Western District of Washington

Michael C. Ormsby
United States Attorney
Eastern District of Washington

By On the Net|2012-05-12T15:24:06-07:00April 27th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

WA US Attorney Says Marijuana Dispensaries / Stores Violate Federal Law

Here is the text of a press release issued on April 6, 2011, by U.S. Attorney Michael Ormsby (Eastern District of Washington):

Spokane – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that he has notified landlords that marijuana stores are illegal and warned them of the penalties they may face. Marijuana continues to be prohibited by federal law and specifically marijuana stores are subject to enforcement action and stringent federal penalties. Under federal law, the possession or distribution of marijuana remains illegal, despite state law.

In 2001, the Food and Drug Administration (FDA) and the Drug Enforcement Administration thoroughly analyzed the relevant medical, scientific, and abuse data and concluded that marijuana continues to meet the criteria for placement in schedule I of the Controlled Substances Act. The Food and Drug Administration reiterated this determination in April 2006, stating in a news release:

Marijuana is listed in schedule I of the Controlled Substances Act (CSA), the most restrictive schedule. The Drug Enforcement Administration (DEA), which administers the CSA, continues to support that placement and FDA concurred because marijuana met the three criteria for placement in Schedule I under 21 U.S.C. 812(b)(1) (e.g., marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision). Furthermore, there is currently sound evidence that smoked marijuana is harmful. A past evaluation by several Department of Health and Human Services (HHS) agencies, including the Food and Drug Administration (FDA), Substance Abuse and Mental Health Services Administration (SAMHSA) and National Institute for Drug Abuse (NIDA), concluded that no sound scientific studies supported medical use of marijuana for treatment in the United States, and no animal or human data supported the safety or efficacy of marijuana for general medical use. There are alternative FDA-approved medications in existence for treatment of many of the proposed uses of smoked marijuana.

* * *

FDA has not approved smoked marijuana for any condition or disease indication.

* * *

Accordingly, FDA, as the federal agency responsible for reviewing the safety and efficacy of drugs, DEA as the federal agency charged with enforcing the CSA, and the Office of National Drug Control Policy, as the federal coordinator of drug control policy, do not support the use of smoked marijuana for medical purposes.

The Office of National Drug Control Policy supports multi-faceted prevention and treatment programs and firmly opposes the legalization of marijuana and all illegal drug use.

The voters approved a ballot initiative in 1998, which removed the state-level criminal penalties for physician prescribed marijuana. In November 2008, the state adopted a rule that authorized a 60 day supply of no more than 24 ounces and no more than 15 plants of marijuana. “The proliferation of marijuana stores, which are not authorized under state law, suggests that drug traffickers are attempting to avoid application of state law through the use of these stores,” U.S. Attorney Mike Ormsby stated. “Drug traffickers cannot hide behind the law by simply claiming they are medical marijuana stores,” said Mr. Ormsby. According to information gathered by drug enforcement authorities, there are currently over 40 stores in Spokane County alone, more than any other county in the State. Many of these stores are located close to schools, parks, and playgrounds where children are often present. “Additionally, many of these stores are conducting a high volume, high dollar business, far from the allegations of the operators that they are furnishing marijuana to “patients” with debilitating medical conditions,” added Mr. Ormsby.

“Our goal is to first seek voluntary compliance with the law by notifying property owners of the non-conforming use of their property, with the expectation that they take appropriate action. If they do not, the U.S. Attorney’s Office will determine the appropriate law enforcement response, which could include the forfeiture of the property used to facilitate the crimes,” said Mr. Ormsby.

There are two targets to our enforcement action; the operators of the stores and the owners of the real property where the stores operate. The property owners have been notified of the penalties associated with renting property to those operating the stores, as they may be unaware of the ramifications of such action. Mr. Ormsby said he hopes that notice to the landlords will lead to voluntary compliance and eviction of those illegally distributing marijuana.

On the other hand, “we are preparing for quick and direct action against the operators of the stores,” Mr. Ormsby said. “We intend to use the full extent of our legal remedies to enforce the law.”

Here’s a link to the actual press release.

See “U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws.”

By On the Net|2015-04-06T18:51:47-07:00April 27th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

WA US Attorney Threatens Crackdown if Medical-pot Makeover Becomes Law in WA

Seattle Times: “Washington’s top federal prosecutors have threatened to crack down if the state goes forward with a proposal to legalize medical-marijuana dispensaries and growers, putting in jeopardy a bill that has already passed both chambers of the Legislature. In a letter to Gov. Chris Gregoire on Thursday, U.S. Attorneys Jenny Durkan of Seattle and Michael Ormsby of Spokane wrote that the bill would undermine drug enforcement and could result in an array of prosecutions or civil penalties against dispensary owners and growers, as well as against state regulators enforcing the proposed law.”

See “WA US Attorneys Say Marijuana Dispensaries / Stores Violate Federal Law.

When, if ever, will the U.S. Attorney for Arizona tell the potential medical marijuana patients, caregivers, dispensaries and others in Arizona’s newest industry that they are safe from federal criminal prosecution if the strictly comply with Arizona’s medical marijuana laws and rules or that they will be prosecuted despite the fact they comply with Arizona’s laws and rules?

By On the Net|2012-05-12T15:24:31-07:00April 27th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

Paradise Valley Panel Backs Permit for Medical Pot Dispensary

Arizona Republic: “The Paradise Valley Planning Commission has recommended approval of a special-use permit for a proposed medical marijuana dispensary in town. Mountain View Medical Center, on the southeastern corner of Tatum and Shea boulevards, is one step closer to having a tenant that can legally dispense marijuana.”

By On the Net|2012-08-18T09:44:06-07:00April 27th, 2011|Stories & Articles, Zoning|Comments Off

Marijuana Shops Waiting to Open in Kelso and Castle Rock, WA

The Daily News: “Kelso and Castle Rock may get the first medical marijuana dispensaries in Cowlitz County, depending on the outcome of the Legislature’s battle with the governor about the state’s medical marijuana law. Gov. Chris Gregoire has threatened to veto a measure the Legislature adopted Thursday that would create a system for licensing storefront dispensaries and grow operations and protect some patients from being arrested.”

By On the Net|2011-04-24T08:12:00-07:00April 24th, 2011|Stories & Articles|Comments Off

Centralia, WA, Police Raid Pot Dispensary, Make Arrest

The Chronicle: “Centralia [Washington] Police Department Anti-Crime Unit initiated an investigation of ‘Hub City Natural Medicine’ 120 S. Tower Ave. Centralia, Washington. The establishment obtained a business license from the city by specifying the nature of the business as ‘education and sales of natural medicine’ Information gathered from various confidential sources indicated the business was actually functioning as a medical marijuana dispensary.”

See “Rochester man arrested on pot-sales charges.”

By On the Net|2017-02-12T07:38:38-07:00April 24th, 2011|Marijuana Crimes, Stories & Articles|Comments Off

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