Pubdate: Thu, 19 Jan 2012
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2012 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Ryan Maye Handy

MORE LETTERS COMING TO MMJ DISPENSARIES, U.S. ATTORNEY SPOKESMAN SAYS

The U.S. Attorney's Colorado office plans to send additional letters 
to medical marijuana dispensaries, suggesting that last week's 
letters are just the beginning of a federal crackdown.

On Jan. 13, the attorney's office sent letters to 23 dispensaries 
located within 1,000 feet of a school, a violation of federal law. 
One of the letters went to Indispensary in Colorado Springs.

More dispensaries will be targeted by a second round of letters, said 
Jeff Dorschner, the spokesman for the office.

Dorschner did not say when the letters will be sent, nor how many 
additional dispensaries the letters will target. He did confirm that 
a second round of letters will address dispensaries within 1,000 feet 
of schools and will order them to move within 45 days or close.

"Multiple waves of letters" are on the U.S. Attorney's agenda, some 
of which will target different issues in the medical marijuana 
industry, Dorschner said. He did not say what these issues will be.

Dorschner said U.S. Attorney John Walsh's actions against the medical 
marijuana industry were prompted by complaints from law enforcement 
and concern voiced by local communities across Colorado.

"When the U.S. Attorney first came into office he heard many times 
from local law enforcement that these medical marijuana stores were 
causing a number of problems, and the impact on individual 
communities was great," Dorschner said.

Cliff Black, an attorney in Colorado Springs who works with local 
dispensaries, said he views this step as part of a "divide and 
conquer strategy" on the part of Walsh's office.

"Then they are going to go after ones near parks, youth centers, and 
then attack a few at a time, and then go from there," he said Thursday.

Brain Vicente, a Denver lawyer and director of Sensible Colorado, a 
group that advocates for drug policy reform, said the federal 
government is out of touch with state voters.

"Basically the people of Colorado have spoken on this issue. They 
want patients to have access to medical marijuana, and the federal 
government is infringing on that," Vicente said.

The Jan. 13 letters, and the threat of more, emphasize the federal 
government's need to step aside, and allow state regulations to 
stand, Vicente said.

"Anyone that is in violation of state law should be their target. 
That's what's kind of maddening to any advocates like myself - none 
of these dispensaries are in violation of state law," Vicente said.

The fact remains that marijuana is illegal on a federal level, which 
is why the medical marijuana business is a tough one to enter, Black said.

Colorado Springs allows medical marijuana dispensaries 500 feet from 
schools, although state law was changed to a 1,000-foot buffer. The 
U.S. Attorney's letters to dispensaries cited the federal Controlled 
Substances Act, which states that anyone distributing or 
manufacturing a controlled substance in or within 1,000 feet of 
public or private elementary and secondary schools, as well as junior 
colleges or university, is in violation of federal law.

Restrictions also apply to public or private youth centers, public 
swimming pools and video arcades.

The 1,000-foot distance is measured from the location of the drug 
transaction to a school's property line, Dorschner said.

If the targeted businesses have not relocated in 45 days, they will 
be forced to close, and could face criminal charges, Dorschner said.

"So far we're going to try to fight it as far as we can," said Brian 
Balliett, an employee at Indispenary, 123 E. Bijou St. "The 45 days 
doesn't even give you enough time to transfer your licensing."
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MAP posted-by: Jay Bergstrom