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Tuesday, November 15, 2011

Why Today's Pot Raids? Feds Say Dispensaries Were Selling Pot to Healthy People, Breaking State Rules, and Laundering Money

Posted by on Tue, Nov 15, 2011 at 6:39 PM

It wasn't that the 14 medical-marijuana dispensaries raided today were selling pot to the sick and dying under state rules, federal authorities announced this evening. But rather, according to companion statements issued by the Drug Enforcement Administration and the Department of Justice, that these dispensary operators in the Seattle area were overstepping legal bounds and violating other laws.

Among the Feds' concerns: "their failure to abide by state medical marijuana guidelines; indications that they were distributing large amounts of drugs; and evidence they were laundering large amounts of money," says the Department of Justice. (Just a quick interjection: State rules are Byzantine and suggest that dispensaries must operate as collectives of 10 patients who grow no more than 45 plants, or as clusters of collectives.) "Sales to people who are not ill, particularly our youth, sales or grows in school zones, and the use of guns in connection with an enterprise all present a danger to our community.”

"As we have previously stated, we will not prosecute truly ill people or their doctors who determine that marijuana is an appropriate medical treatment," announced U.S. Attorney Jenny A. Durkan. "However, state laws of compassion were never intended to protect brash criminal conduct that masquerades as medical treatment."

It also seems other marijuana activists may have snitched: "Some of
these marijuana stores were the subject of complaints from their surrounding communities as well as medical marijuana supporters, concerned about businesses operating outside the letter and spirit of state law," the DOJ said.

Meanwhile, DEA agent Matthew Barnes pointed out in his own statement that while "it has never been our policy to target individuals with serious illnesses" some people have used the guise of medical marijuana laws "to satisfy their own personal greed."

I haven't reviewed the court records, so can't say if these claims seem legit (though it's encouraging that the feds aren't vowing scorched earth—just targeting certain players). But I'll point out two ways of looking at this: On the one hand, charges of big profits and victimized kids are cliches trotted out by federal officials whenever they bust medical marijuana dispensaries. Money laundering could be pinned on any business that operates in a legal gray area, while nearly all of the city is a school zone and nobody knows if a person is healthy—except his or her doctor. As for breaking state rules: Given the nebulous nature of medical marijuana laws in Washington state—particularly after Governor Chris Gregoire partially vetoed a bill last spring—it would be easy to claim that any dispensary if running afoul of the law in one way or another. But on the other hand, lots of shady folks traffic pot under dubious circumstance, and feds only busted 14 dispensaries (as of last count) and left hundreds untouched. So maybe, you know, these folks were far enough outside the scope of best practices that they truly were flouting the law.

Activists are planning a protest rally tomorrow at 11:00 a.m. at the Jackson Federal Building in Downtown Seattle.

Statement from the DEA:

DEA SPECIAL AGENT IN CHARGE MATTHEW G. BARNES STATEMENT REGARDING MARIJUANA ENFORCEMENT

It has never been our policy to target individuals with serious illnesses. However, there are those operating commercial storefronts cultivating, selling or distributing marijuana under the guise of state medical marijuana laws and exploiting such activities to satisfy their own personal greed. The DEA remains committed to the enforcement of the Controlled Substances Act (CSA) in all states.

The coordinated enforcement actions of the U.S. Drug Enforcement Administration (DEA) and our state and local law enforcement partners involve violations of both federal and state law.

The DEA will exercise its investigative authority to pursue criminal actions for any violation of federal law, when warranted. This includes investigating organizations or individuals that grow, manufacture or distribute any illegal drug to include marijuana, and those who rent or maintain a property to facilitate drug trafficking.

Statement from the Department of Justice:

ADVISORY REGARDING LAW ENFORCEMENT ACTIVITY IN WESTERN DISTRICT OF
WASHINGTON AND STATEMENT OF U.S. ATTORNEY JENNY A. DURKAN

Today, Drug Enforcement Administration agents and local law enforcement executed search warrants in four ongoing federal investigations in Western Washington relating to illegal drug distribution and other crimes in violation of federal law. Each of the investigations targets commercial enterprises that purport to operate as “medical” marijuana establishments but also fail to comply with applicable state law.

As set forth in the search warrant affidavits unsealed by the U.S. District Court today, these businesses attracted the attention of federal law enforcement for a number of reasons: their failure to abide by state medical marijuana guidelines; indications that they were distributing large amounts of drugs; and evidence they were laundering large amounts of money. Some of these marijuana stores were the subject of complaints from their surrounding communities as well as medical marijuana supporters, concerned about businesses operating outside the letter and spirit of state law. One operator was arrested this morning for violating the court ordered terms of his federal supervised release for a prior federal conviction.

The following is a statement from U.S. Attorney Jenny A. Durkan on the ongoing investigations:

“The activities today and the ongoing investigations are targeted actions consistent with Department of Justice policy and guidelines. Our job is to enforce federal criminal laws. In doing so, we always prioritize and focus our resources. As we have previously stated, we will not prosecute truly ill people or their doctors who determine that marijuana is an appropriate medical treatment. However, state laws of compassion were never intended to protect brash criminal conduct that masquerades as medical treatment. In determining how to focus our drug enforcement resources, we will look at the true nature and scope of an enterprise, and its impact on the community. We will continue to target and investigate entities that are large scale commercial drug enterprises, or that threaten public safety in other ways. Sales to people who are not ill, particularly our youth, sales or grows in school zones, and the use of guns in connection with an enterprise all present a danger to our community.”

Those identified in the search warrant affidavits are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

Comments (19) RSS

Oldest First Unregistered On Registered On Add a comment
1
First they came for 14 dispensaries...
Posted by aleks on November 15, 2011 at 6:53 PM
2
Could we just fucking legalize pot so this med mj charade (for the vast bulk of "patients") could be pit to bed? The worst aspect of all of it is the Bastyr quacks along Aurora doing "group exams" and extorting 200 bucks a year from healthy people with no med records for the right to buy a little grass. Fuck these beak-dipping dicks working the system. Everybody smokes pot and it's not a problem so let's grow up, stop paying the quacks and wasting our tax money and just fucking legalize and move on to things that actually fucking matter
Posted by Makesmefeelalright on November 15, 2011 at 7:58 PM
venomlash 3
I do have an issue with medical marijuana dispensaries advertising to people the way they do. Instead of "If you need medical marijuana, we are a licensed supplier", it's all "HEY BRAH WANNA TOKE? GET YER MM CARD DRAWN UP AND COME ON IN CAUSE WE GOT THAT DANK-ASS SHIT".
Until marichawanna is legalized fully, dispensaries should stick to their proper role of easing the discomfort of people with painful conditions. Advertising to the masses will and should provoke a police response; liquor companies got in trouble for making and selling flavored alcoholic beverages clearly aimed at teenagers. If you're only allowed to sell to certain people, don't advertise to other groups, seriously.
Posted by venomlash on November 15, 2011 at 8:14 PM
onion 4
@3
yeah i've wondered the same thing. the ads that really seem like a HUGE tell are the ones with the pretty, buxom, sexily clad "nurses." Especially when they are half naked and practically fucking a bong. those dispensaries are clearly advertising to your everyday male stoner. (btw, aren't there more female stoners out there than these ads suggest?)
anyways, you'd think that the "dispensaries" would be a little worried about so plainly advertising to the general public.
Posted by onion on November 15, 2011 at 8:22 PM
5
hey, 3 &4, read 2 and STFU. clearly 3 & 4 are elderly, but old people get high too.
Posted by legacy builder on November 15, 2011 at 8:41 PM
6
hey #5 hows about you stfu with your marginalizing comments? I think people hiding behind the medical laws are scumbags. If you want to smoke weed then fight for it to be fully legal, don't pretend to be a patient and then have non-patients coming to your dispensaries.
Posted by Grow a brain first before you grow weed. on November 15, 2011 at 8:56 PM
Max Solomon 7
i wish i had a horrible chronic pain so i could get high legally.
Posted by Max Solomon on November 15, 2011 at 8:56 PM
8
#6 "don't pretend to be a patient and then have non-patients coming to your dispensaries."

so you're suggesting that only patients should operate dispensaries? how does THAT make any sense? and what exactly about my comment was "marginalizing"?
Posted by legacy builder on November 15, 2011 at 9:39 PM
9
Last gasp of the control freaks. These antiquated laws will soon be a joke of the past. Go Nature!
http://www.gallup.com/poll/150149/record…
Posted by Erok on November 15, 2011 at 9:40 PM
Fred Casely 10
@5: Yeah, there's nothing old straight guys hate more than busty young women in skimpy nurses' togs.
Posted by Fred Casely on November 15, 2011 at 9:45 PM
11
drug war = police state

Posted by duncan98117 on November 15, 2011 at 11:14 PM
treacle 12
Word on the street is that there'll be another round of busts on Wednesday.
Posted by treacle on November 15, 2011 at 11:33 PM
venomlash 13
@5: I'm 19, and I'm fine with marijuana being legalized. (Ideally, marijuana would be legal, but tightly controlled, and using it in public would bear the same stigma as smoking.)
Until it is legalized for all adults, though, there are rules that need to be followed.
Marijuana is legal for those who have a demonstrated medical condition which it may palliate. You're not going to get much sympathy from otherwise supportive non-stoners like myself if you try to use that as a cover for blatant pot-dealing.
Posted by venomlash on November 16, 2011 at 1:42 AM
Cato the Younger Younger 14
#3 and #4 for the win!!
Posted by Cato the Younger Younger on November 16, 2011 at 3:07 AM
onion 15
@5
well, you might be a little bit closer on your guess with me. i'm a 38 yo woman. so yeah, i'm a total old geezer.
i'm also fine with pot being legalized. but reality is reality - it's banned by the feds (which is stupid, i think that it's actually quite absurd that is is illegal). but those ads make the "medical marijuana" thing look like a complete canard, and they must make things more difficult for people who are in genuine pain to get their medication.
just trying to point out that the dispensaries might want to rethink the sexy nurse advertising scheme. it just probably causes trouble for themselves.
i know the banning of marijuana use sucks and is lame. but if folks are going to go the medical marijuana route, it just seems like a good idea to try and stick to their purported goals a little more closely or they're gonna get the attention of the cops/feds.

just think about it: why on earth use sexy (presumably straight) nurses or show (presumably straight) women practically giving a bong a blow job to advertise to sick people who must come in all genders, sexual orientations and ages? aren't there sick lesbians? sick gay dudes? sick straight ladies?
and, last time i looked, most other ads for painkillers (aspirin, tylenol,heavier prescription drugs) just show smiling happy people living a normal life. seems like that would be the more obvious choice for an ad campaign.

a lot of these dispensaries clearly think that their main customers are straight, healthy dudes.
Posted by onion on November 16, 2011 at 7:33 AM
Will in Seattle 16
Makes you think of how much tax money was spent and how much tax money could have been collected instead, if they'd just legalize it and tax it like tobacco.

I'm looking forward to the Kirkland branded MJ they'll sell at Costco - in 10 pound bags .... for "personal" use ...
Posted by Will in Seattle http://www.facebook.com/WillSeattle on November 16, 2011 at 10:24 AM
Will in Seattle 17
oh, and maybe the "nurses" in @3 and @4 have back pain from their implants?
Posted by Will in Seattle http://www.facebook.com/WillSeattle on November 16, 2011 at 10:29 AM
18
Mmmmmmmmm..... Costco Marijuana!

Better get the Flatbed, Honey -- looks like it's gonna be long-ass week....

Whatchya say, Mr. Senegal?

Mmmmmm... Profits!
Posted by 2embarassed2byTP on November 16, 2011 at 10:40 AM
19
Go ahead, Mr. President Obama -- Legalize it!

Not that Big Fucking Pharma, Big Fucking Booze, the Great Big Fucking Moralizer/Hypocrisy Industry, The Prison/Rehab Industries AND the Marijuana Industrial Complex could give a shit.

Nah, do NOT tax it and put it on the shelves where teens will have a little tougher time getting it.

Keep on keeping it 'Underground' -- where you have it Under Control.

WHEN are these peple finally going to become Extinct? (Cept for The South. Duh.)
Posted by 2embarassed2byTP on November 16, 2011 at 10:56 AM

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