Property owners leasing land to medical marijuana dispensaries in California could face criminal prosecution and loss of their properties if they fail to evict their tenants within a 45-day warning period stipulated in letters sent by federal prosecutors this week.
The Associated Press reported Thursday that at least 16 letters had been sent to dispensaries or their landlords throughout California — with at least 12 to dispensaries in San Diego — stating that they are violating federal drug laws, despite the fact that medical marijuana distribution is legal in California.
“It’s a scare tactic, a way of intimidating great numbers of property owners and dispensaries for the price of postage,” said Kris Hermes, spokesperson for Americans for Safe Access, a national organization that advocates for the legal use of medical marijuana. “It’s a lot of hot air, but hot air that needs to be taken seriously — this points out the hypocrisy of the Obama administration policy on medical marijuana.”
According to Hermes, a former member of the Berkeley Medical Cannabis Commission, none of Berkeley’s three dispensaries have received such notice, though letters have been sent to Northern California property owners in Marin County and Sacramento.
Hermes said the influx of letters also echoes actions of the Bush administration in 2007 and 2008, as part of an attempt to scare over 300 California dispensaries out of operation. No action was taken to follow up on those threats, though the campaign did result in the shutting down of a number of California dispensaries, according to Hermes.
“The letters under the Bush administration were mostly sent out by (Drug Enforcement Administration) agents as opposed to U.S. attorneys, “ Hermes said. “This is a sort of heightened level of attack where federal prosecutors are threatening pursuit of criminal action … you could consider this more serious, however at the same time there’s no certainty whatsoever that the U.S. attorneys are going to act on those (letters).”
The U.S. attorney’s office in Sacramento will hold a news conference Friday to discuss the crackdown.
AP reported that the state’s four U.S. attorneys are scheduled to announce a broader coordinated crackdown Friday.
“I have the sense that many more letters will be going out,” Hermes said.
Sarah Mohamed is the lead city government reporter.
Correction(s):
A previous version of this article incorrectly stated that the U.S. attorney’s office in Sacramento would hold a news conference Friday afternoon to discuss the crackdown. In fact, the conference was scheduled for 11 a.m. on Friday.
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DoJ’s position as of Oct 19, 2009
http://www.justice.gov/opa/documents/medical-marijuana.pdf
“The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department’s efforts against narcotics and dangerous drugs, and the Department’s investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”
But as we know, the DoJ wallows in empty talk like a pig in sh*t.
Too bad that Obama and Holder are as corrupt, deceitful and cynical as any other empty suits.
What I see is a bunch of people trying to create an industry and take black market money and put it back into the economy rather then letting it go into big screen tvs, blunts, 40s and bitches. The government has determined to fight the war on pot to the detriment of everyone. Why do they refuse to allow cannabis to blossom? It is as useful medicinally as it is relaxing to use recreationally, but no one seems to be talking legalization. Why? because the second it’s legalized the big corporations will jump in and hijack what essentially amounts to a new concentration of wealth in the hands of people who are willing to use it for the betterment of everyone.
“… back into the economy rather then letting it go into big screen tvs, blunts, 40s and bitches.”
Where do people buy TVs, blunts and 40s?
They buy those things in stores, therefore that money does go into the economy.
Vested interests, my friend.
There are at least three industries which don’t want legalization.
1) The purveyors of alcohol.
2) The pharmaceutical industry.
3) The defense industry.
1&2) Cannabis represents competition for their products.
3) It’s about maintaining high volumes of arrests, prosecutions and incarcerations. The police continually acquire new vehicles, communications gear, weapons, riot gear, etc. This represents big spending by the Federal gov’t, specifically it is money granted to local departments and used to outfit them with those goods made by the private manufacturers originating in the defense industry.
This is justified by a) war on drugs and b) war on terror.
However I do agree that big corporate players will jump right in to the selling of cannabis once it is federally legalized. They are in a pinch right now though as they can’t make in roads to those markets while it’s illegal w/o risking prosecution. So as much as Anheuser-Busch would like to get in the game, they can’t yet and so they are in opposition for the time being.
If marijuana is medically necessary, it should be dispensed from hospital pharmacies.
So that means walmart should sale it to then right?
ANYWHERE liquor ciggerats even coffee are sold.
Thank you