Feds Targeting California Pot Dispensaries; Told To Shut Down In 45 Days

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DazedNconfussed

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Breaking News Feds Targetin California Pot Dispensaries; Told To Shut Down In 45 Days

Is this anything new....Are they really doing this????

Feds Targeting California Pot Dispensaries; Told To Shut Down In 45 Days

October 6, 2011 1:05 PM


Feds Targeting California Pot Dispensaries; Told To Shut Down In 45 Days

October 6, 2011

SAN FRANCISCO (AP) — Federal prosecutors have launched a crackdown on pot dispensaries in California, warning the stores that they must shut down in 45 days or face criminal charges and confiscation of their property even if they are operating legally under the state’s 15-year-old medical marijuana law.

In an escalation of the ongoing conflict between the U.S. government and the nation’s burgeoning medical marijuana industry, California’s s four U.S. attorneys sent letters Wednesday and Thursday notifying at least 16 pot shops or their landlords that they are violating federal drug laws, even though medical marijuana is legal in California. The attorneys are scheduled to announce their coordinated crackdown at a Friday news conference.

Their offices refused to confirm the closure orders. The Associated Press obtained copies of the letters that a prosecutor sent to 12 San Diego dispensaries. They state that federal law “takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana.”

“Under United States law, a dispensary’s operations involving sales and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions,” letters signed by U.S. Attorney Laura Duffy in San Diego read. “Real and personal property involved in such operations are subject to seizure by and forfeiture to the United States … regardless of the purported purpose of the dispensary.”

The move comes a little more than two months after the Obama administration toughened its stand on medical marijuana following a two-year period during which federal officials had indicated they would not move aggressively against dispensaries in compliance with laws in the 16 states where pot is legal for people with doctors’ recommendations.



The Department of Justice issued a policy memo to federal prosecutors in late June stating that marijuana dispensaries and licensed growers in states with medical marijuana laws could face prosecution for violating federal drug and money-laundering laws. The effort to shutter California dispensaries appears to be the most far-reaching effort so far to put that guidance into action.

“This really shouldn’t come as a surprise to anyone. The Administration is simply making good on multiple threats issued since President Obama took office,” Kevin Sabet, a former adviser to the president’s drug czar who is a fellow at the University of Pennsylvania’s Center for Substance Abuse Solutions. “The challenge is to balance the scarcity of law enforcement resources and the sanctity of this country’s medication approval process. It seems like the Administration is simply making good on multiple statements made previously to appropriately strike that balance.”

Greg Anton, a lawyer who represents a Marin Alliance for Medical Marijuana, said the 14-year-old dispensary’s landlord received an “extremely threatening” letter Wednesday invoking a federal law that imposes additional penalties for selling drugs within 1,000 feet of schools, parks and playgrounds.

The landlord was ordered to evict the pot club or risk imprisonment, plus forfeiture of the property and all the rent he has collected while the dispensary has been in business, Anton said.

The Marin Alliance’s founder “has been paying state and federal taxes for 14 years, and they have cashed all the checks,” he said. “All I hear from Obama is whining about his budget, but he has money to do this which will actually reduce revenues.


Source http://sacramento.cbslocal.com/2011...ot-dispensaries-told-to-shut-down-in-45-days/
 
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DazedNconfussed

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Whats that mean...is this something to worry about or same old bullshit....is medical marijuana gonna be a thing of the past in 45 days...no more disp? Or are they just targeting a few...the way I read it sounded like a huge deal to all us in the industry...
 
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mrdizzle

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haah yea I would think so, seems like only you and I are online right now, but 45 is a grip of clubs, and landlords, unlike disp owners, are not going down with the ship, Im trying to find some more info on this
 
markscastle

markscastle

Well-Known Farmer
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Oh they plan on raids starting with thoughs given letters and followed by thoughs who remain open.Next they will go after Co-op and large growers. They are affraid we will replace the big corperations and they are right! The walls of `Wall Street` are coming down! Watch as history repeats the `French Revolution`! May God protect us all from what is going to be tuff & turbulent times ahead! PS, Get your seeds while you can!
 
Seamaiden

Seamaiden

Living dead girl
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There's also this:

Cities can't give permits to pot clubs, court says

Bob Egelko, Chronicle Staff Writer
Thursday, October 6, 2011


Federal law prohibits California cities from issuing permits to collectives authorizing them to supply marijuana to medical patients, a state appeals court has ruled, raising questions about the scope of local regulation of pot dispensaries.


In overturning a Long Beach ordinance, the court said the city went a step beyond California's action in 1996, when state voters eliminated criminal penalties for patients who used marijuana with a doctor's approval.


Deciding not to prosecute someone for drug use doesn't conflict with the federal ban on marijuana possession and distribution, the court said. It also said a city's restrictions on marijuana dispensaries, such as limiting their locations and operating hours, wouldn't violate either federal or state law.


But by issuing permits that let a certain number of pot collectives operate within city limits, the court said, Long Beach has put a stamp of approval on an activity that federal law forbids and is interfering with nationwide drug enforcement.


"The city's ordinance ... goes beyond decriminalization into authorization," the Second District Court of Appeal in Los Angeles said in a 3-0 ruling Tuesday.


Long Beach could appeal to the state Supreme Court or could try to revise its ordinance, either by following the appellate panel's guidelines on regulations or by banning dispensaries altogether. The city attorney's office did not respond to a request for comment Wednesday.


Medical marijuana advocates said the ruling, if it stands, will set new criteria for the diverse rules on pot suppliers adopted by many cities and counties since California voters approved the law in 1996.


"It makes it more difficult for cities (to regulate), but I don't think it eliminates their authority," said attorney Michael Risher of the American Civil Liberties Union in San Francisco. He said cities could apply health, safety and zoning laws to marijuana collectives.


Although the ruling appears to prohibit local governments from limiting the number of suppliers by issuing permits, a city could largely reach that goal by requiring dispensaries to locate in certain zones and at certain distances from each other, said attorney Ruthann Ziegler, who has represented cities in other marijuana cases.


The Long Beach ordinance limits dispensary locations and operating hours, sets safety standards including laboratory testing of the drugs, and requires dispensaries to pay a nonrefundable application fee of more than $14,000 and an annual renewal fee of at least $10,000 if they win a lottery for a permit.



But Matthew Pappas, lawyer for two patients who challenged the ordinance after their collectives did not qualify for permits, said Long Beach is actually trying to ban medical marijuana collectives. He said one client's dispensary was the target of a raid in May by more than 25 officers who used a battering ram to break down the door.


"Patients don't have any problems with reasonable restrictions," Pappas said. But he contended a local ban on dispensaries would violate federal disability law, a position he argued in another Southern California case now pending before a federal appeals court.
 
fishwhistle

fishwhistle

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Oh they plan on raids starting with thoughs given letters and followed by thoughs who remain open.Next they will go after Co-op and large growers. They are affraid we will replace the big corperations and they are right! The walls of `Wall Street` are coming down! Watch as history repeats the `French Revolution`! May God protect us all from what is going to be tuff & turbulent times ahead! PS, Get your seeds while you can!

A little anarchy is a good thing!
 
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kolah

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What a fuckin mess! Thank you Obama, aka Barry Soetoro, you P.O.S.

Cali is certainly having it's problems. The cure would be to seperate from the feds and claim state sovereignty but there are too many people nipple nursing off of the federal money (handouts). Catch 22, baby.
 
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DazedNconfussed

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Are they just cracking down and trying to lower the total number of disp? Or is this 45 day time table aimed at all disp's state wide?

Couldnt some kind of appeals be filed to stall this, and possibly overturn?

I'm sitting here wondering if I'll have any where to unload my next harvest.

I really cant picture the whole industry gone in a month and half....
 
500lbs Guerilla

500lbs Guerilla

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They couldn't shut down every dispensary in 45 days even if they tried. If it gets that out of hand, I hope to see some mass protests!
 
iscrog4food

iscrog4food

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Patients need to get together and "Occupy Weed street!" Since this is federal I cant imagine they aren't gonna do this in all the med states. The real question is will this drive prices up or down in the black market?
 
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DazedNconfussed

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In my opinion I would think it would drive up prices on the black market...it would be harder for growers to unload product putting alot out of business (meaning less supply), and with all the current MMJ patients looking for meds, the black market would explode (huge increase in black market demand)...also open the doors for gangs to start making money of selling weed again, and in turn give them more power and money to commit more crimes...I rather make less per lb and not see marijuana go back down this route....

as growers would we still be protected I wonder...to grow our own meds?
 
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canaguy27

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Maybe they are doing it so they can be restructured like out here in Colorado. Word is that our architect of what we have out here has gone to cali as a "consultant." All they want is the tax money, from everyone.
 
Dr. Evil

Dr. Evil

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Maybe they are doing it so they can be restructured like out here in Colorado. Word is that our architect of what we have out here has gone to cali as a "consultant." All they want is the tax money, from everyone.

Bingo! get ready for regulation from seed to sale....cameras in your big grows and all that other warm fuzzy stuff....
sorry to hear this for you cali guys...good luck and good vibes from colorado
 
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kolah

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Yes it can be challeneged in the courts... but what they can do is force peeps to spend all their earnings (and savings) on attorney fees and legal costs....and even still we all now there is little justice in the modern day Kangaroo court systems...not to mention the sheeple sitting on jury stands.
 
HeLLMuTT

HeLLMuTT

Thinks of Stinks
Supporter
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Bingo! get ready for regulation from seed to sale....cameras in your big grows and all that other warm fuzzy stuff....
sorry to hear this for you cali guys...good luck and good vibes from colorado


I can totally see them strong-arm the CO model into CA to get every scrap of tax revenue possible. Much of what could get taxed is missed in CA, no doubt they want it tightened up nicely.

If the Feds are going to flex... it's going to be here. Hope it stays mello.
 
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ibTheMan

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Well if they shut um down 2 things will happen=1 no more taxable income for um. 2 all that weed will be sold illegal and there maken things worse.
 
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Empire

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"at least 16 clubs"

theres well over 1000 clubs in cali. how does that mean ALL clubs are getting shut down?

learn to read.
 
altimood

altimood

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Bingo! get ready for regulation from seed to sale....cameras in your big grows and all that other warm fuzzy stuff....
sorry to hear this for you cali guys...good luck and good vibes from colorado

That shiz is for real and happening.
 
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Jsän

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This will be bedlam, no doubt about it.... The DA's office would not confirm the order. but I can't help but wonder at the timing of it all. With the IRS just seizing 1love and R&R, and now 16 confirmed notices from 4 DAs, is this really "all California dispensaries"? or just those under Federal suspicion for money laundering, structuring, or otherwise gaming the MMJ industry?

if its the former,
Then, "250,000 MMJ card holders in California forced to support Terrorism" is what the headline's should read. As the Gangs and Cartels rush to fill the market, I see 1920's style violence on the horizon. What were placated, mostly harmless people, now forced to crime.

Dispensaries have surely gotten out of hand here in California, But this is definitely the wrong solution. Unless of course they accept that Cannabis will be rescheduled and are planning to take over the market. Then it would be a good thing to start this before rescheduling.

Either that or the Feds are just tired of all the Cannabis related requests (reschedule,legalize,hemp etc) and are trying to decentralize the movement(s) by removing what they see as 'the nervous system.'


and of course if they are just telling the profiteers to close shop or you will be seized..um good,... but why "give notice"?

looking for more info..im not pleased.
 
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