Although the three dispensaries comply with Berkeley city law, their operations are illegal in the eyes of federal prosecutors.
According to a U.S. Department of Justice press release, California’s four U.S. attorneys announced Friday their “coordinated enforcement actions targeting the illegal operations of the commercial marijuana industry in California” — highlighting the disparity between local, state and federal governments on marijuana regulation.
The attorneys sent letters to dozens of dispensaries and landlords throughout the state, warning of criminal prosecution and asset forfeiture for the continuation of the illegal sales.
According to the press release, the office of the U.S. Attorney for the Northern District of California plans to focus its attention on marijuana distributors operating near schools, as state AB 2650 — passed in 2010 — provides that no medical marijuana establishments can be located within a 600-foot radius of any public or private school.
Melinda Haag, U.S. attorney for the Northern district — which includes Berkeley — added that although the office’s initial efforts will focus on such establishments, it will “most certainly be taking action against others.”
None of Berkeley’s three licensed medical marijuana dispensaries — all of which meet the 600-foot radius requirement — or their landlords have received letters, according to Elizabeth Green, secretary for the city’s Medical Cannabis Commission.
According to the press release, local officials across the state have been working with the federal prosecutors to “combat commercial marijuana activities that are having the most significant impacts in communities.”
One such case is in the city of San Diego, where the City Attorney Jan Goldsmith filed complaints in attempt to shut down 12 dispensaries operating within 600 feet of schools.
The Los Angeles Times reported Wednesday that Laura Duffy, U.S. Attorney for the Southern District of California, aided Goldsmith in the fight to close the dispensaries by sending letters threatening action against the 12 dispensaries if they did not shut down within 45 days.
All 12 of the dispensaries were operating without licenses as San Diego does not have an ordinance in place to regulate its dispensaries, according to Craig Beresh, executive director for the San Diego-based California Cannabis Coalition.
Although the U.S. attorney’s office of the Northern District of California would not disclose whether local governments have been collaborating with their office, Berkeley City Attorney Zach Cowan said in an email that there is no such communication between the city of Berkeley and the office.
The federal government’s current stance continues a narrative established in June when the U.S. Department of Justice released a memo threatening a federal crackdown on marijuana, stating that those facilitating and undertaking medical marijuana distribution are in violation of the federal Controlled Substances Act, regardless of state law.
In July, the Drug Enforcement Administration concluded that marijuana has “a high potential for abuse,” “no currently accepted medical use in treatment in the United States” and that it also “lacks accepted safety for use under medical supervision.”
At the first meeting of Berkeley’s reconstituted Medical Cannabis Commission in July, commissioners responded to questions about the federal government’s stance with plans to continue moving forward.
“We’re going to let the federal government do whatever they’re going to do — we’ll just know that they’re wrong and we’re going to do what we need to do,” said commission chair Dan Rush. “We’re going to move forward in the interest of patients’ rights and safe access for patients.”
According to Kris Hermes, spokesperson for Americans for Safe Access, a national organization that advocates for the legal use of medical marijuana, the federal government is not under any obligation to undertake such enforcement.
“It’s completely discretionary — (Obama) doesn’t have to enforce federal marijuana laws against licensed dispensaries in California,” Hermes said. “He can choose to allow the state to implement its own public health policy.”
Cowan said in the email that although federal law supersedes local and state laws, courts do not agree on the application of these principles in the case of medical marijuana.
“Berkeley’s facilities in particular are some of the longest standing dispensaries in the state … Berkeley is one out of at least 60 localities that has chosen to adopt regulations for licensing dispensaries,” Hermes said. “That’s what the federal government is standing against — it’s attempting to dismantle the laws in dozens of cities and counties throughout the state.”
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Drat!
There’s a fifth outlet afoot. Check out the 2800 block Sacramento:Near the corner where the clever middle schoolers are puffing and scheming,you may see a bike messenger jet out the doorway of an otherwise closed-up looking shoppe.
Such service!
Er. In practice, there’s a fourth outlet in Berkeley. Whether it’s a “dispensary” or not, and whether or not it is on Zach Cowan’s radar, are the kinds of questions that beg the feds to swoop in and fix this “wild wild west” as Tom Bates so accurately, if deleriously, called it at the closing of one of the City Council’s most “effective” sessions a few months back.
Whether or not the “dispensed” cannabis ends up used medicinally or not can actually be determined, or at least estimated: Try clocking license plates at the dispensaries, try following the regulars up to “sub-dispensary” locations like Peeps Park. This is easy, and para-legal, research, if anyone wants to make the case that Berkeley’s medical cannabis in indeed medical.
Pshaw. The 5 million dollar question is: is cannabis serving some purpose in Berkeley other than greasing itchy palms in places high and low. Do we really not want to know? The pillars of the community, as well as the recreationalists, are hiding behind a persuasive notion of medical cannabis in theory, and in the lab. I’m persuaded. But the weed is in the wild and it may be doing harm to the local economy and polity.
This is a load of bullshit. Crack down on alcohol or some other actually abused substance instead of one that actually benefits people.
How exactly does smoking pot benefit people? Don’t give me that load of bullshit about some kind of medical use, I’m not stupid. 99.999% of medical marijuana is sold for recreational use.