Pot Dispensary Owner Faces 10 Years in Jail for Violating Federal Laws

Daily News:  “While Aaron Sandusky and his supporters contend he committed no crime under California state law, he stands to spend many years — and possibly the rest of his life — behind bars.  Sandusky was president of Upland-based G3 Holistic, a medical marijuana dispensary, which in California, is legal.  In October, however, he was convicted in federal court of eight counts related to growing, possessing and intending to sell marijuana for profit.  His case, one of a handful in which federal prosecutors have charged and convicted purveyors of medical marijuana in states where such use is legal, highlights a fundamental conflict between state and federal law at a time when public opposition to marijuana is waning.”

By |2017-10-07T09:56:00-07:00November 27th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Pot Dispensary Owner Faces 10 Years in Jail for Violating Federal Laws

Medical Marijuana & States Rights: Pot Dispensary Owner Faces 10 Years in Jail for Violating Federal Laws

Inland Valley Daily Bulletin:  “While Aaron Sandusky and his supporters contend he committed no crime under California state law, he stands to spend many years – and possibly the rest of his life – behind bars.  Sandusky was president of Upland-based G3 Holistic, a medical marijuana dispensary, which in California, is legal.  In October, however, he was convicted in federal court of eight counts related to growing, possessing and intending to sell marijuana for profit.  His case, one of a handful in which federal prosecutors have charged and convicted purveyors of medical marijuana in states where such use is legal, highlights a fundamental conflict between state and federal law at a time when public opposition to marijuana is waning.”

Related story: Many options in Sandusky sentencing
Catch up: Previous medical marijuana coverage
Photo gallery: Aaron Sandusky legal battles with medicinal marijuana
Special Section: Marijuana

By |2017-10-07T09:56:00-07:00November 18th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Medical Marijuana & States Rights: Pot Dispensary Owner Faces 10 Years in Jail for Violating Federal Laws

Southern California Legal Confusion over Medical Marijuana

The Weed Blog:  “Four Ballot Initiatives Fail to Secure the Rights of Medical Marijuana Dispensaries to Exist in Four San Diego Cities While a Landmark California Appellate Court Decision Defines Dispensaries as Legal.  The San Diego District Attorney (DA) and failed mayoral candidate, Bonnie Dumanis’ modus operandi has been to charge all dispensary operators with crimes, making no attempt to apply the state’s medical marijuana laws in her investigations. She relies on her own interpretation of the law (interpretations that have been squarely rejected by appellate courts throughout the state), questionable tactics designed to keep evidence from jurors’ eyes, and continues to prosecute case after case, at great public expense.

By |2012-11-11T07:09:01-07:00November 11th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on Southern California Legal Confusion over Medical Marijuana

7 Long Beach Medical Marijuana Dispensaries Raided Last Week

Dailybreeze.com:  “State, county and local authorities continued with raids on medical marijuana businesses this week, citing the city’s push to see such organizations cease all operations in Long Beach.  One raid was carried out Tuesday and two more operations were held Wednesday, resulting in 10 arrests . . . . The three raids bring the the total number of dispensaries shut down within the past week to seven. Last week’s operations saw 15 people arrested”

By |2017-10-07T09:56:00-07:00November 9th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on 7 Long Beach Medical Marijuana Dispensaries Raided Last Week

Dispensary Owner Charged with Marijuana Crimes Faces 40 Years in Prison if Convicted

Daily Tahoe Tribune:  “Federal prosecutors have formally charged former South Lake Tahoe medical marijuana dispensary owner Gennaro ‘Gino’ DiMatteo with two weed-related crimes.  In a criminal complaint unsealed Monday, DiMatteo is charged with possession with intent to distribute marijuana and manufacturing at least 100 marijuana plants. He faces between five and 40 years in prison for each charge.”

By |2017-02-12T07:39:22-07:00November 8th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Dispensary Owner Charged with Marijuana Crimes Faces 40 Years in Prison if Convicted

Dispensary Owner Arrested on Federal Charges

Tahoe Daily Tribune:  “Former South Lake Tahoe medical marijuana dispensary owner Gennaro ‘Gino’ DiMatteo faces federal charges after being arrested prior to a court hearing in Placerville Friday.  . . . A statement from the El Dorado County District Attorney’s Office regarding the arrest does not specify the nature of the federal charges and little information on the arrest could be located Friday.  Lauren Horwood, spokeswoman for prosecutors in the U.S. District Court, Eastern District of California, said on Friday that the federal criminal complaint against DiMatteo is sealed.

By |2017-02-12T07:39:21-07:00November 3rd, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Dispensary Owner Arrested on Federal Charges

Medical Marijuana Dispensary Sues DOJ, DEA & Holder

Courthouse News Service:  “A licensed medical marijuana provider sued the Justice Department and DEA, claiming that their illegal crusade threatens to cost thousands of patients their means to acquire the painkilling drug legally.       No Grey Sky and members of its dispensary co-op seek an injunction against the Department of Justice, Attorney General Eric Holder, and the Drug Enforcement Administration, whose agents raided the dispensary’s downtown store this month.”

By |2017-10-07T09:56:00-07:00November 3rd, 2012|California News, Stories & Articles|Comments Off on Medical Marijuana Dispensary Sues DOJ, DEA & Holder

Feds Bust 9 Pot Shops Arrest 12 in Southern California

The following is the text of an October 25, 2012, press release issued by the Drug Enforcement Agency:

A dozen people associated with a chain of nine marijuana stores that operated across Orange and Los Angeles counties were arrested this morning on federal drug trafficking charges. The 12 arrested are among 14 people named in a 14-count indictment returned last week by a federal grand jury.

The indictment outlines a narcotics-trafficking conspiracy led by John Melvin Walker, who owned and operated nine marijuana stores in cities across the two counties. The conspiracy count alleges that the 14 defendants participated in a scheme that distributed, at the very least, a ton of marijuana through the storefronts.

The nine marijuana stores allegedly operated by Walker were Alternative Herbal Health in Long Beach, Safe Harbor Collective in Dana Point, Garden Grove Alternative Care in Garden Grove, Santa Ana Superior Care in Santa Ana, Belmont Shore Natural Care in Long Beach, Santa Fe Compassionate Health Care in Santa Fe Springs, Costa Mesa Patients Association in Costa Mesa, the Whittier Collective in Whittier, and APCC (also known as the “San Juan Capistrano Store”) in San Juan Capistrano. Most of the stores previously were the subject of search warrants executed in 2010 and 2011. Most of the nine stores are now closed, but several are believed to still be in operation, including Belmont Shore Natural Care.

The investigation in this case revealed that the nine marijuana stores generated tens of millions of dollars in income, with the indictment alleging that in 2009 alone Safe Harbor Collective had profits of approximately $2.4 million.

The indictment alleges that Walker failed to report any income generated at the marijuana stores to federal tax authorities and that he instructed his bookkeeper “to destroy all records pertaining to income generated at the marijuana [stores] shortly after they were generated and not to create records that fully identified Walker’s connection to the marijuana [stores].” One of the managers of Belmont Shore Natural Care communicated to Walker that “they should shred documents related to cash intake at Belmont Shore Natural Care at the end of the night,” according to the indictment.

The charges in the indictment include conspiracy (to distribute marijuana and to maintain drug-involved premises) and maintaining drug-involved premises near schools. Additionally, Walker is charged with being a felon in possession of firearms (including a handgun, a 12-gauge shotgun, and an AK-47) after previously being convicted in state court on cocaine and marijuana charges. When authorities seized the weapons from Walker’s home last year, they also seized approximately $390,000 in cash.

Furthermore, Walker and his security manager are charged with possessing firearms in furtherance of drug trafficking, a crime that carries a mandatory five-year sentence to run consecutively to any other sentence given to the defendants.

The defendants named in the indictment are:

  • John Melvin Walker, also knows an “Pops,” 56, of San Clemente, the owner/operator of the nine marijuana stores;
  • Ryan Aparicio Mondragon, 30, Westminster, who managed Santa Ana Superior Care and who is currently being sought by authorities;
  • Danielle Pamela Stebel, also known as “Mob Queen,” 25, of Long Beach, who helped manage Belmont Shore Natural Care;
  • Nicholas Einar Lattu, also known as “Dragon 6,” 28, of Long Beach, who owned Shadow Ops Security, a company that provided security services to the marijuana stores, and who is currently being sought by authorities;
  • Ryan Scott Hunt, 36, of Fullerton, who managed Garden Grove Alternative Care;
  • Perry Brooks Forehand, also known as “Bucky,” 33, of Mission Viejo, the manager of Safe Harbor Collective;
  • Nicholas Martin Butier III, 32, of Lakewood, who was the manager of Alternative Herbal Health;
  • Sierra Marina Serhan, also known as “Happy Chick,”  33, of Long Beach,  who helped manage Belmont Shore Natural Care;
  • Alvin Wesley Walker, 29, of Long Beach, who is believed to be John Walker’s nephew and who helped manage Belmont Shore Natural Care;
  • John Eugene Scandalios, 59, of Lakewood, who allegedly supplied marijuana to Santa Fe Compassionate Health Care;
  • Karen Lee Leto, 70, of Huntington Beach, who allegedly helped manage Costa Mesa Patients Association;
  • Craig Lawrence Leto, 49, of Newport Beach who is Karen Leto’s son and who allegedly helped manage Costa Mesa Patients Association;
  • Michael Alan Nixon, 33, of Long Beach, who allegedly supplied marijuana to Santa Fe Compassionate Health Care;
  • Alan David Nixon, 59, of Long Beach, who is Michael Nixon’s father and who allegedly managed Santa Fe Compassionate Health Care.

The 12 defendants arrested this morning are expected to be arraigned on the indictment this afternoon in United States District Court in Santa Ana.

       An indictment contains allegations that a defendant has committed a crime.  Every defendant is presumed to be innocent until and unless proven guilty in court.

All 14 defendants charged in the indictment are named in count one – the conspiracy charge – which carries a mandatory minimum sentence of 10 years in federal prison and a maximum statutory sentence of life without parole.

The investigation into John Walker’s chain of marijuana stores was conducted by the Orange County Sheriff’s Department; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the California Franchise Tax Board; the California Board of Equalization; and the Orange County District Attorney’s Office.

See also  “A dozen people who authorities say are linked to an intricate, multimillion-dollar operation involving illegal pot shops in Los Angeles and Orange counties were arrested Thursday and “L.A. Marijuana Dispensary Operator, 11 Others, Arrested By Feds.”

By |2019-06-14T08:26:14-07:00October 27th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Feds Bust 9 Pot Shops Arrest 12 in Southern California

Landmark Appellate Decision Issued in San Diego Medical Marijuana Dispensary Case

Americans for Safe Access:  “The Fourth District Court of Appeal for California issued a unanimous published ruling today in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Today’s landmark ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.  “This landmark decision not only recognizes the right of  dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, Chief Counsel with Americans for Safe Access”

See “Jovan Jackson’s Conviction Reversed: California Appeals Court Finds Medical Marijuana Defense Applies To Club Operators, Too.”

By |2015-04-06T18:55:45-07:00October 26th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on Landmark Appellate Decision Issued in San Diego Medical Marijuana Dispensary Case

San Diego Medical Marijuana Dispensary Raided

San Diego Reader:  “The District Attorney’s office has shut down yet another medical marijuana dispensary in the City of San Diego. Yesterday [October 24, 2012] agents and police officers raided the Next Generation Cannabis Club on San Ysidro Boulevard.”

By |2012-10-26T07:36:15-07:00October 26th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on San Diego Medical Marijuana Dispensary Raided

Oakland’s Medical Marijuana Lawsuit on Behalf of Harborside May have Statewide Implications

The Daily Californian:  “The city of Oakland has filed a lawsuit against U.S. authorities [U.S. Attorney General Eric Holder and U.S. Attorney for the Northern District of California] Melinda Haag that claims the federal government has overstepped its jurisdiction in the attempted closure of a local medical marijuana dispensary [Harborside Health Center, the largest medical marijuana dispensary in California].  The suit, filed on Oct. 10 in the U.S. District Court for the Northern District of California, could affect all dispensaries in California — including the three medical cannabis dispensaries in Berkeley — after a federal crackdown on cannabis dispensaries began last fall. The crackdown negates a promise by the Obama administration not to raid dispensaries in compliance with state law and guidelines.”

By |2012-10-18T06:09:51-07:00October 18th, 2012|California News, Federal Dispensary Attacks, Legal Issues, Stories & Articles|Comments Off on Oakland’s Medical Marijuana Lawsuit on Behalf of Harborside May have Statewide Implications

G3 Holistic Dispensary Owner Aaron Sandusky Convicted of Violating Federal Marijuana Laws

Inland Valley Daily Bulletin:  “G3 Holistic owner and Rancho Cucamonga resident Aaron Sandusky, 41, was convicted of two counts of violating federal marijuana laws Friday by a jury which could not reach a decision on four other counts.  Conviction on the two counts could still net him a prison term of 10 years to life . . . . Sandusky, who ran G3 Holistic, Inc. in Upland, Colton and Moreno Valley, was found guilty of conspiracy to manufacture marijuana plants, to possess with intent to distribute marijuana plants, and to maintain a drug-involved premises; and one count of possession with intent to distribute marijuana plants, according to a U.S. Department of Justice news release.”

httpvh://youtu.be/sJ2YkCpb9o0

By |2017-10-07T09:54:55-07:00October 14th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Video|Comments Off on G3 Holistic Dispensary Owner Aaron Sandusky Convicted of Violating Federal Marijuana Laws

Long Beach Raids Seven Pot Shops

89.3 KPCC:  “Long Beach police and U.S. Drug Enforcement Administration agents raided seven medical marijuana dispensaries Wednesday in what officials said was the beginning of a crackdown on pot shops in the city.  ‘We started with this first seven, and it is our intent to continue targeting each of these locations until we reach every single one of them,’ said police spokeswoman Nancy Pratt. . . . Police arrested 40 people in Wednesday’s raid”

By |2012-10-12T06:44:12-07:00October 12th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Long Beach Raids Seven Pot Shops

Oakland Sues U.S. to Protect Nation’s Largest Medical Pot Store

Los Angeles Times:  “In an unprecedented civil complaint, the city of Oakland is suing federal prosecutors to stop them from seizing property leased by the nation’s largest medical marijuana dispensary.  The complaint seeks to ‘restrain and declare unlawful’ a July federal forfeiture action against Harborside Health Center’s landlords in Oakland and San Jose.”

By |2012-10-12T06:40:08-07:00October 12th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Oakland Sues U.S. to Protect Nation’s Largest Medical Pot Store

Hesperia, CA, Shuts Down Marijuana Dispensary

High Desert Daily Press:  “The doors to one of the last remaining medical marijuana dispensaries in Hesperia are permanently locked, after owners of the High Desert Compassionate Collective were evicted. . . . Since 2005, 20 collectives have been closed, as the city began citing property owners for allowing collectives to operate without a business permit, certificate of occupancy or other city required documents.

By |2012-10-06T05:46:12-07:00October 6th, 2012|California News, Stories & Articles|Comments Off on Hesperia, CA, Shuts Down Marijuana Dispensary

Marijuana Dispensary Fights Closure

Tahoe Daily Tribune:  “Although the former Third Street site of the City of Angels 2 medical marijuana collective sat shuttered Friday, the fight over the marijuana dispensary appears far from over. . . . the dispensary’s owner, Gino DiMatteo . . . was arrested and charged with felony counts of bribery, possession of marijuana for sale, possession of a controlled substance and possession of ammunition by a convicted felon.

By |2017-02-12T07:39:21-07:00October 6th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on Marijuana Dispensary Fights Closure

L.A. City Council Repeals Its Ban on Medical Marijuana Dispensaries

Los Angeles Times:  “The Los Angeles City Council on Tuesday voted 11-2 to repeal its recent ban on medical marijuana dispensaries, averting a March election on the explosive issue of storefront pot sales.”

By |2012-10-03T06:31:25-07:00October 3rd, 2012|California News, Stories & Articles, Video|Comments Off on L.A. City Council Repeals Its Ban on Medical Marijuana Dispensaries

Feds Take Marijuana Dispensary Crackdown to L.A.

Los Angeles Times:  “Federal officials took their war on medical marijuana dispensaries to Los Angeles on Tuesday, raiding several shops and issuing warning letters to dozens more.  Officials at the U.S. attorney’s office said it was the first large-scale federal action taken against cannabis shops in the city and said more would probably follow. . . . On Tuesday, prosecutors went to court to file civil asset forfeiture complaints against the owners of three Eagle Rock properties for allowing three commercial marijuana stores to operate: ‘Together for Change Collective,’ ‘House of Kush,’ and ‘ER Collective.’  The Drug Enforcement Administration also executed federal search warrants at three other locations in downtown, Boyle Heights and Silver Lake.”

See also “Feds Target LA in Medical Marijuana Crackdown.”

“Federal prosecutors looking to take out California’s medical marijuana shops have now set their sights on Los Angeles, where city officials have struggled to stop a blooming of dispensaries. . . . ‘As today’s operations make clear, the sale and distribution of marijuana violates federal law, and we intend to enforce the law,’ U.S. Attorney Andre Birotte Jr. said.

Note to Arizona medical marijuana dispensary owners and their lawyers:  Are you paying attention to what the Department of Justice is doing in other states?

By |2015-04-06T18:55:45-07:00September 26th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Feds Take Marijuana Dispensary Crackdown to L.A.

Medical Pot Returning to Underground

Los Angeles Times:  “Under increased legal pressure, ‘Ricky’ closed his dispensaries and resumed selling marijuana — but only to those with a doctor’s recommendation. Ricky rants about a federal and local crackdown on medical marijuana that closed various dispensaries that he ran and forced him back to the streets, where he began as a teenager in the 1970s. (Except then, he was a dealer. Now he is a ‘mobile dispensary.’)”

By |2012-09-09T07:45:04-07:00September 9th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Medical Pot Returning to Underground

California Supreme Court Throws Out Medical Marijuana Dispensary Ban Case As Moot

American for Safe Access:  “The California Supreme Court dismissed review yesterday [August 23, 2012] of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations. The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, yesterday’s dismissal of the Pack decision throws into question the viability of such bans.

For more about this case read “Attorney For Patients In Pack Vs. Long Beach Speaks Out” and “After High Court punts, pot regs back on table: Supreme Court decision vacates controversial ruling.”

Maricopa County Attorney Bill Montgomery cited Pack vs. Superior Court (aka Pack vs. City of Long Beach) in his Motion for Summary Judgement in White Mountain Health Center, Inc., vs County of Maricopa.  He cited the case to support his claim that Arizona’s medical marijuana law is preempted by federal law, but the case no longer stands for that legal conclusion.

By |2019-06-14T08:26:13-07:00August 25th, 2012|California News, Stories & Articles|Comments Off on California Supreme Court Throws Out Medical Marijuana Dispensary Ban Case As Moot

Long Beach PD Working with DEA Bust Medical Marijuana Dispensary Arrest Owner

LBreport.com:  “Long Beach Police Chief Jim McDonnell announced the August 22 arrest of Jon Storms, an ELB resident who police allege operated Long Beach Quality Caregivers, a medical marijuana dispensary at 1150 San Antonio Rd., on LBPD arresting charges of sale of marijuana and possession of marijuana for sale. . . . ‘we estimate the gross sales from this dispensary to be between one and two million dollars a year’.”

By |2012-08-25T06:59:01-07:00August 25th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Long Beach PD Working with DEA Bust Medical Marijuana Dispensary Arrest Owner

DOJ Sues More Landlords in California to Take Their Property

L.A. Now:  “Federal officials filed suit Tuesday to seize Anaheim properties that house six marijuana dispensaries as part of an ongoing crackdown on the commercial pot business.  Among the targets of the suits, according to the U.S. attorney’s office, is a building at 503 North Anaheim Blvd. housing two marijuana shops — AAA Wellness Center and Anaheim Patients Assn. . . . The suits also target other pot shops that previously received cease-and-desist letters from the city -– Premium Organic Treatments PCA, Mid-County Patients Assn., and DKG Group Corp. . . .  and Releaf Health & Wellness at 2601 W. Ball Road. . . . Federal authorities also sent warning letters in connection with more than 60 other pot operations in Anaheim and La Habra.  federal authorities said they have filed 16 asset forfeiture suits since October in California’s seven-county Central District.”

Attention Arizona Landlords Who Have Prospective Medical Marijuana Dispensaries as Tenants

Despite statements from legal scholars such as Arizona Republic columnist EJ Montini, certain Arizona attorneys and proponents of Arizona’s Medical  Marijuana Act that everything is groovy for prospective Arizona medical marijuana dispensaries, the land forfeiture lawsuits filed by the Department of Justice would seem to be a clear warning to every landlord and land owner that if your land is used grow, store or sell medical marijuana the U.S. government

MAY TAKE  YOUR LAND!!!

By |2012-08-22T07:08:34-07:00August 22nd, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on DOJ Sues More Landlords in California to Take Their Property

ACLU Tells San Diego U.S. Attorney Laura Duffy To Shut It

East Bay Express:  “San Diego’s U.S. Attorney Laura Duffy sure has some strong opinions about medical weed. . . . Duffy . . . has gone on to threaten local city officials in Del Mar with jail time for administering lawful medical cannabis regulations.  Last week, the American Civil Liberties Union told Duffy to can it. Registered voters in Del Mar will have a choice to regulate clubs at the ballot box this November, and Duffy’s threats against Del Mar officials amount to “unjustified interference in local legislative matters,” wrote David Loy, legal director for the ACLU of San Diego and Imperial Counties, in an open letter.”

Laura Duffy wrote her letter of July 17, 2012, in response to a request from Del Mar, California, City Attorney Leslie Devaney “concerning the Department of Justice’s guidance on investigations and prosecutions in states and cities that authorize the medical use of marijuana.  This letter is written to clarify the U.S. Department of Justice’s guidance on this issue.”  Ms. Duffy’s letter states:

“You raised concerns with respect to the citizen-drafted City of Del Mar Compassionate Use Dispensary Regulation and Taxation Ordinance (“Ordinance”) which has qualified with sufficient signatures to be placed on the November 2012 ballot in the City of Del Mar, California. . . . State and City employees who conduct activities mandated by the Ordinance are not immune from liability under the CSA.”

By |2017-02-12T07:39:20-07:00August 21st, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes|Comments Off on ACLU Tells San Diego U.S. Attorney Laura Duffy To Shut It

Feds Crack Down on S. Calif. Medical Marijuana

Associated Press:  “Federal prosecutors on Tuesday expanded their crackdown on California medical marijuana dispensaries, filing three lawsuits and sending warning letters to more than 60 clinics in two Orange County cities.”

By |2017-02-12T07:39:20-07:00August 21st, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Feds Crack Down on S. Calif. Medical Marijuana

Aaron Sandusky Discusses His Prosecution for Alleged Violations of Federal Drug Laws

Reason TV produced a six minute video about the recent arrest of California medical marijuana dispensary owner Aaron Sandusky. “This is a Constitutional battle, and we’re going to defend our rights,” says Aaron Sandusky who faces federal drug trafficking charges despite operating his dispensary within California’s medical marijuana laws.  Sandusky was interviewed after his recent release from jail on bail pending his trial.

httpvh://youtu.be/9R7XNPYZ73M

By |2012-08-14T07:16:50-07:00August 14th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Video|Comments Off on Aaron Sandusky Discusses His Prosecution for Alleged Violations of Federal Drug Laws

Tax Court Decision Vaporizes the Vapor Room

On August 2, 2012, the U.S. Tax Court issued its decision in the case of Martin Olive vs. Commissioner of the Internal Revenue Service.  Martin Olive, a young man unconcerned with the normal formalities of operating a business, owns a relatively well known medical marijuana dispensary in San Francisco, California, called the Vapor Room Herbal Center that used to operate in a 1,250 square foot store in a low income neighborhood.  The Tax Court said that Mr. Martin “consciously opted not to keep adequate books and records and that action was in reckless or conscious disregard of rules or regulations.”  The Vapor Room was in the news recently because it announced that it was going out of business.

Martin Olive started the Vapor Room in 2004 and operated it as a sole proprietorship rather than through an entity that would protect him from the debts and liabilities of the business.  Martin operated the business as a cash business and apparently did not keep records of any kind other than journals written by him that contained income and expense information.  The IRS assessed deficiencies against Martin Olive of $692,501 for 2004 and $1,199,814 for 2005 plus accuracy-related penalties to $138,500 for 2004 and $239,963 for 2005. On his federal income tax returns Martin Olive reported that the Vapor Room’s “principal business” is “Retail Sales” and that its product is “Herbal.”

The court ruled:

  • Martin Olive under-reported his gross income.
  • He could deduct his cost of goods sold (COGS) in an amount greater than the IRS allowed.
  • Section 280E of the Internal Revenue Code prevented the deduction of any of his business expenses because his only business was selling marijuana.
  • Martin Olive is liable for the accuracy-related penalties.

The Tax Court was not impressed by witnesses who testified on behalf of the Vapor Room.  The Court said:

“Petitioner’s testimony and the testimony of his other witnesses was rehearsed, insincere and unreliable. We do not rely on petitioner’s testimony to support his positions in this case, except to the extent his testimony is corroborated by reliable documentary evidence. We also do not rely on the uncorroborated testimony of petitioner’s other witnesses, three of whom are (or were) patrons of the Vapor Room and all of whom are closely and inextricably connected with the medical marijuana industry and with a desired furtherance of that movement.”

The Court found that Martin Olive’s gross receipts for the were $1,967,956 om 2004 and $3,301,898 in 2005.

Cost of Goods Sold

The case is a road map for how medical marijuana dispensaries should not conduct their businesses.  For example, the self-prepared journals in which Martin Olive wrote his income and expenses were ignored by the Court as proof of any expenses.  The Court said:

“Petitioner argues nonetheless that the ledgers alone are sufficient substantiation for taxpayers operating in the medical marijuana industry because, he states, that industry “shun[s] formal ‘substantiation’ in the form of receipts.” We disagree with petitioner that the ledgers standing alone are sufficient substantiation.  The ledgers did not specifically identify the marijuana vendors or reflect any marijuana that was received or given away. The ledgers neither were independently prepared nor bore sufficient indicia of reliability or trustworthiness. The substantiation rules require a taxpayer to maintain sufficient reliable records to allow the Commissioner to verify the taxpayer’s income and expenditures. . . .

Neither Congress nor the Commissioner has prescribed a rule stating that a medical marijuana dispensary may meet that substantiation requirement merely by maintaining a self-prepared ledger listing the amounts and general categories of its expenditures. It is not this Court’s role to prescribe the special substantiation rule that petitioner desires for medical marijuana dispensaries and we decline to do so. . . .

Petitioner consciously chose to transact the Vapor Room’s business primarily in cash. He also chose not to keep supporting documentation for the Vapor Room’s expenditures. He did so at his own peril. . . . Petitioner asserts that he minimized the Vapor Room’s use of checks because he did not want his bank to know that the Vapor Room was a medical marijuana dispensary. We find that assertion incredible, especially given that petitioner informed the bank that his business was named ‘Vapor Room’. . . .

Petitioner informs us that California did not allow medical marijuana dispensaries to earn a profit for the years at issue. The need to report no profit may improperly cause a dispensary to understate gross receipts or to overstate expenditures. We are especially wary here, where petitioner by his own admission understated his gross receipts and took steps to disguise his cash withdrawals from his business to conceal them from his employees”

Martin Olive did win one big victory.  Despite lacking any records of the cost of goods sold and saying it didn’t believe his expert witnesses, the Court accepted the testimony of Henry C. Levy, C.P.A. that the average COGS of a medical marijuana dispensary is 75.16% of its gross receipts despite stating that “we generally found Mr. Levy to be unreliable” and “his testimony improperly consisted mainly of legal opinions and conclusions.”

Section 280E

Section 280E of the Internal Revenue Code provides that a taxpayer may not deduct any amount for a trade or business where the “trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances.  Selling marijuana is a controlled substance for the purposes of Section 280E.  Martin Olive argued that the Vapor Room that in addition to selling marijuana the Vapor Room operated the separate business of “care-giving.”  Unlike the Tax Court case of Californians Helping to Alleviate Med. Problems, Inc. v. Commissioner (CHAMP), where the Court found that CHAMP did operate a separate business and allowed deductions for expenses of that business, the Court in this case found no evidence that Martin Olive had any business other than selling marijuana.

The Court’s discussion of why it found that CHAMP operated two businesses and the Vapor Room did not is instructive for all medical marijuana dispensaries.

“The record establishes that the Vapor Room is not the same type of operation as the medical marijuana dispensary in CHAMP that we found to have two businesses. The differences between the operations are almost too numerous to list.  The dispensary there was operated exclusively for charitable, educational and scientific purposes and its income was slightly less than its expenses. . . . The director there was well experienced in health services and he operated the dispensary with caregiving as the primary feature and the dispensing of medical marijuana (with instructions on how to best consume it) as a secondary feature. . . . Seventy-two percent of the CHAMP dispensary’s employees (18 out of 25) worked exclusively in its caregiving business and the dispensary provided its caregiving services regularly, extensively and substantially independent of its providing medical marijuana. . . . It rented space at a church for peer group meetings and yoga classes and the church did not allow marijuana on the church’s premises. . . . It provided its low-income members with hygiene supplies and with daily lunches consisting of salads, fruit, water, soda and hot food. . . . Its members, approximately 47% of whom suffered from AIDS, paid a single membership fee for the right to receive caregiving services and medical marijuana from the taxpayer. . . . The names of the dispensaries are even diametrically different.  The name of the dispensary there, ‘Californians Helping To Alleviate Medical Problems,’ stresses the dispensary’s caregiving mission. The name of the dispensary here, ‘The Vapor Room Herbal Center,’ stresses the sale and consumption (through vaporization) of marijuana.”

The opinion does not state how much Martin Olive owes for 2004 and 2005, but it must be a big number.  Also unmentioned is whether the IRS audited Martin Olive for years after 2005.  I suspect that it did because of what it found in its 2004 and 2005 audits.

For more on this case read “Tax deductions for medical pot business go up in smoke, court rules” and “Bad News for Medical Marijuana Dispensaries (and Especially for the Vapor Room).”

By |2019-06-14T08:28:43-07:00August 5th, 2012|California News, Stories & Articles, Tax Issues|Comments Off on Tax Court Decision Vaporizes the Vapor Room

Justice Department Alerts Public about Fraudulent Marijuana Dispenary Spam Email

The following is the text of an notice posted on the Department of Justice’s website by Laura E. Duffy, U.S. Attorney for Southern District of Arizon:

Justice Department Urges Public Not to Respond to Email

Please be advised that a bogus e-mail is being distributed alerting the recipients that they have been subpoenaed before the Grand Jury in the United States District in San Diego. These Subpoenas are not genuine and were not issued by this court. Please disregard them and do not open any links within the e-mail.

THESE EMAIL MESSAGES ARE A HOAX. DO NOT RESPOND.

The Department of Justice did not send these unsolicited email messages—and would not send such messages to the public via email. Similar hoaxes have been recently perpetrated in the names of various governmental entities, including the Federal Bureau of Investigation, the Federal Trade Commission, and the Internal Revenue Service.

Email users should be especially wary of unsolicited warning messages that purport to come from U.S. governmental agencies directing them to click on file attachments or to provide sensitive personal information.

These spam email messages are bogus and should be immediately deleted. Computers may be put at risk simply by an attempt to examine these messages for signs of fraud. It is possible that by “double-clicking” on attachments to these messages, recipients will cause malicious software – e.g., viruses, keystroke loggers, or other Trojan horse programs – to be launched on their computers.

Do not open any attachment to such messages. Delete the e-mail. Empty the deleted items folder.

For more on this story read “Hoax Email Claims US Attorney Laura Duffy Now Targeting Storefront Pharmacies.” and “US Attorney Calls Pharmacy Crackdown Letters A ‘Hoax’.”

By |2015-04-06T18:55:43-07:00August 5th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Justice Department Alerts Public about Fraudulent Marijuana Dispenary Spam Email

Feds Shut Down Two More San Francisco Medical Marijuana Dispensaries

NBC Bay Area:  “A pair of San Francisco prominent medical marijuana businesses closed their doors Tuesday, a sign of the federal government’s recent crackdown on medical cannabis dispensaries.  HopeNet and the Vapor Room announced they would cease operations in response to threatening letters sent to the business’ landlords by the federal government.  ‘The Justice Department sent our landlord one of those nasty letters,’ said HopeNet co-founder Catherine Smith. ‘So this is our D-Day, we have to leave’. . . . Since November, the Justice Department has sent out 600 letters across California threatening landlords who rent space to medical marijuana operations.”

By |2015-07-18T09:20:58-07:00August 1st, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Feds Shut Down Two More San Francisco Medical Marijuana Dispensaries
Go to Top