Pubdate: Fri, 03 Aug 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: Mary Shinn

MEDICAL MARIJUANA DISPENSARIES NEAR SCHOOLS ORDERED TO CLOSE

U.S. Attorney John Walsh sent out ten letters to medical marijuana 
dispensaries within 1,000 feet schools in Southern Colorado Friday 
ordering them to close.

This is the third wave of letters sent by Walsh within the past year 
ordering medical marijuana dispensaries near schools to close within 
45 days or face prosecution by the U.S. Attorney's Office. Walsh's 
office would not identify the ten targeted businesses.

It's part of a Justice Department effort to protect children from the 
exposure to marijuana and the dispensaries, said Jeff Dorschner a 
spokesmen for the agency.

In January, 23 dispensaries received a similar letter and in March, 
25 more dispensaries got the same order. All of them complied, Dorschner said.

A fourth wave of letters will be sent out toward the end of the year, 
but Dorscher would not say how many letters are planned.

While patients with certain medical conditions can legally use 
marijuana under a voter-approved Colorado constitutional amendment, 
the drug is still banned by federal law.

The Justice Department is going after a few Colorado dispensaries at 
a time because of limited resources, he said.

So far, in Colorado Springs, SSI Care Centers, Indispensary and 
Westside Wellness Center have closed after receiving a letter. Two 
other Colorado Springs dispensaries, Altitude Organic and Discreet 
Treats, were forced to relocate.

Dispensaries forced to move must reapply to state and city 
governments for a new license, which can take many months to process.

When the dispensaries first started opening after a 2010 state law 
sanctioned them, a Colorado Springs ordinance required the shops 
locate at least 400 feet from schools, said Tanya Garduno president 
of Medical Cannabis Council.

"Before the letters were sent, all the dispensaries were in complete 
compliance," she said.

A Colorado Springs lawyer who advises dispensaries on medical 
marijuana laws, Clifton Black said the Justice Department might 
continue to use selective enforcement because it doesn't receive as 
much criticism as going after all dispensaries.

"I think what is really going on is they are conquering and 
dividing," Black said. "I don't think they are going to stop."

Black said dispensaries near day care centers, residential drug 
treatment centers, public swimming pools and video game arcades could 
be future targets.

Black advises his clients that opening a dispensary is against 
federal law, because the federal government has the final word on dispensaries.

"They can shut them down with the cost of a postage stamp," Black said.
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MAP posted-by: Jay Bergstrom