Pubdate: Fri, 13 Jan 2006
Source: Press-Tribune, The (Roseville, CA)
Copyright: 2006 Gold Country Media
Contact:  http://www.rosevillept.com/
Details: http://www.mapinc.org/media/3251
Author: Sherri L. Shaulis, The Press-Tribune
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FORMER POT SHOP OWNER ARRESTED

Marino Faces 19-Count Federal Indictment

A former Placer County man who operated the Capitol Compassionate Care
medical marijuana dispensary in Rose-ville is in federal custody on
charges stemming from a 2004 raid of that bu-siness.

Richard James Marino, 52, formerly of Newcastle, was arrested without
incident at 7:15 a.m. Friday in the driveway of his Fort Bragg home by
agents from the U.S. Drug Enforce-ment Agency, said Gordon Taylor,
special agent in charge of the DEA's Sacramento office.

Fort Bragg Police Lt. Floyd E. Higdon said local agents were not
involved with the arrest.

Taylor said agents took Marino into custody and transported him to
Sacramento, where he was scheduled to appear before a U.S. Magis-trate
on Friday.

Marino was arrested after a federal grand jury returned a 19-count
indictment with forfeiture allegations Thursday, charging him with
marijuana trafficking and money laundering offenses.

"This has everything to do with that investigation into the
Roseville-based Capitol Com-passionate Care," Taylor said.

The investigation took two years and involved officials from the DEA,
the Internal Revenue Service and the Roseville Police Department,
Taylor said.

In September 2004, federal DEA agents conducted a raid of the business
and Marino's Newcastle home, seizing 47 pounds of processed marijuana,
$105,000 in cash and 617 marijuana plants in various stages of growth
at the business and the home.

No arrests were made at the time of the raid, but Marino shut down the
business the following month after employees quit for fear of being
arrested.

"Nobody wanted to go to prison," Marino said at the time. "I didn't
want any of my employees to go to prison. I don't want to go to prison
myself trying to take care of sick people."

The indictment issued Thursday alleges from January through September
2004 - the months Capitol Compassionate Care was in operation - Marino
and others "conspired to distribute at least 100 kilograms of
marijuana and that Marino manufactured, distributed and possessed with
intent to distribute marijuana."

The indictment also alleges Marino laundered more than $2.75 million
in illegal drug proceeds from the sale of marijuana at the Roseville
business "under the guise of dispensing medical marijuana."

Marino was operating his business under a law California voters passed
in 1996 that allows for the medicinal use of marijuana. It conflicts
with federal laws that make all uses of marijuana illegal.

"The cultivation and sale of marijuana is, without exception, illegal
under federal law," U.S. Attorney McGregor W. Scott said in a press
release issued following the arrest. "Further, there is no question
that Mr. Marino's activities were equally illegal under state law."

Officials planned to ask a federal judge Friday to hold Marino without
bail, Taylor said, noting that not all of the $2.75 million had been
accounted for, and Marino could be considered a flight risk.

Taylor said the indictment issued against Marino was "pretty
significant."

"Hopefully this sends a message that with marijuana, if you possess,
cultivate or distribute it in any form you are in violation of federal
law," he said. "If you choose to go down that particular path, you do
so at your own legal peril." 
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MAP posted-by: Richard Lake