Pubdate: Wed, 14 Dec 2011
Source: Summit Daily News (CO)
Copyright: 2011 Summit Daily News
Contact: http://apps.summitdaily.com/forms/letter/index.php
Website: http://www.summitdaily.com/home.php
Details: http://www.mapinc.org/media/587

FED MED MARIJUANA CRACKDOWN MAY COME TO COLORADO

DENVER - Federal authorities are considering a statewide crackdown on 
medical marijuana businesses in Colorado in the first sign that a 
coordinated offensive against the industry is expanding from California.

A law enforcement official told The Associated Press on Wednesday that 
such an enforcement action is under consideration for Colorado early 
next year, despite state laws that regulate and tax the industry. The 
official spoke on condition of anonymity and did not provide details 
because the matter is under review. 

KCNC-TV reported Tuesday (http://cbsloc.al/tQ3DBq ) that the crackdown 
would target dispensaries and cultivations located near schools, with 
those businesses receiving letters to end operations within 45 days or 
face prosecution. 

U.S. Attorney John Walsh would not comment on the matter, his 
spokesman Jeffrey Dorschner said. Walsh would be responsible for 
pursuing federal charges. U.S. Department of Justice officials in 
Washington referred the matter back to Walsh. 

In California, the crackdown targeted dozens of medical marijuana 
businesses, landlords leasing property to growers, and retailers 
selling medical marijuana over the counter. U.S. attorneys there did 
not release how many marijuana businesses were targeted in the state, 
which first legalized medical marijuana in 1996.

The crackdown raised fears that a similar action would happen in Colorado. 

"This has been the reality that people in the industry have been 
living with from day one," said Sam Kamin, a law professor at the 
Sturm College of Law at the University of Denver. "The feds have 
generally stayed away from people in good compliance with state law. 
.. Will that be the approach here?"

There are 667 retail shops, or dispensaries, 926 cultivations and 246 
infused product manufacturers operating under Colorado law, according 
to figures from the state revenue department.

Colorado's medical marijuana industry began its boom after a September 
2009 memo by then-Deputy Attorney General David Ogden that said 
federal prosecutors should not focus investigative resources on 
patients and caregivers complying with state laws. Ogden's 
replacement, James Cole, sent another memo in June that took a tougher 
stance and said state medical marijuana laws do not provide immunity 
from federal prosecution. 

Cole's memo said cancer patients and caregivers shouldn't be targeted, 
but commercial enterprises that sell and profit from marijuana sales 
should be a priority. 

He visited Colorado three weeks after the federal government announced 
the crackdown in California but declined to comment on any enforcement 
beyond that state. Sixteen states and the District of Columbia have 
passed laws legalizing marijuana for medical use. 

"Colorado has been a model for how a state should regulate medical 
marijuana," said Brian Vicente of Sensible Colorado, a medical 
marijuana advocacy group. "Our system has worked and Colorado should 
be allowed to continue to do so." 
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MAP posted-by: Richard R Smith Jr.