Feds raid Denver-area marijuana dispensaries and grow operations

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url: hMPp://www.denverpost.com/breakingnews/ci_24570937/feds-involved-enforcement-actions-at-denver-area-marijuana



Federal authorities Thursday morning were executing search and seizure warrants at multiple Denver-area medical marijuana facilities, according to the U.S. Department of Justice.

The raids are occurring at both medical marijuana dispensaries and at warehouses where pot is grown.

At one raid in Boulder, a pile of seized marijuana lay in the snow like Christmas trees. At the VIP Cannabis dispensary in Denver, broken glass from a shattered front window littered the parking lot while agents hauled boxes of evidence into a U-Haul truck.

"The Drug Enforcement Administration, Internal Revenue Service Criminal Investigations, the Denver Police Department and state and local law enforcement are today executing lawfully obtained search warrants and seizure warrants," said Jeff Dorschner, spokesman for the DOJ.

"Although we cannot at this time discuss the substance of this pending investigation, the operation under way today comports with the Department's recent guidance regarding marijuana enforcement matters," Dorschner said in his e-mailed statement to The Denver Post.

"As this is an on-going investigation, no additional information will be made available," he said.

On Aug. 29, the U.S. Justice Department issued a memo to federal prosecutors regarding the enforcement of marijuana under the Controlled Substances Act that basically said that the federal government wouldn't stand in the way of marijuana legalization.

The memo said the federal government expects states that have legalized the drug to establish strict regulatory schemes that protect eight areas of concern surrounding the drug.

The memo emphasized federal authorities would still "aggressively enforce" those eight areas of concern:

• Preventing the distribution of marijuana to minors;

• Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;

• Preventing the diversion of marijuana from states where it is legal to other states;

• Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

• Preventing violence and the use of firearms in the cultivation and distribution of marijuana

• Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

• Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;

• Preventing marijuana possession on federal property.

It is unclear what areas are being investigated by federal authorities in this operation.

In March, Kevin Merrill, assistant special agent in charge of the Drug Enforcement Administration's Denver field division, told The Post that his investigators were aware of many instances of operators with pending license applications who would not qualify because of criminal records, failure to meet residence requirements or because they have registered the business in another name while they are in control.

At the time, he declined to elaborate, citing ongoing investigations.

Mike Elliott, head of the Medical Marijuana Industry Group, which represents some of Colorado's larger industry players, said the organization has always supported a robust and comprehensive regulatory framework and strict enforcement.

"Really, I see enforcement actions happening as a sign our industry is maturing and this program is working," Elliott said.

Elliott added that details on the enforcement actions are not available and "it's important to remember people are innocent until proven guilty."

Mason Tvert of the Marijuana Policy Project said he doesn't know what inspired the raids.

"The Justice Department said it would respect states' rights to regulate marijuana, and that it would not go after businesses as long as they are complying with state laws," he said in a statement. "We hope they are sticking to their word and not interfering with any state-regulated, law-abiding businesses. ... If a business is suspected of violating state laws, they will likely face increased scrutiny, and if they are found to be in violation, they will likely face consequences. That is how our society treats alcohol, and that is how we expect to see marijuana treated."

Thursday's actions are occurring roughly seven weeks before marijuana begins being sold legally to adults in retail stores on Jan. 1.

Colorado is the first state in the country to allow legal retail sales after voters in 2012 approved Amendment 64. Washington state also approved legal sales, but the retail operations won't begin until the spring.

Colorado's regulatory framework as well as Denver's framework has been criticized in recent audits.

The state audit said regulators charged with watching over Colorado's medical marijuana industry fell short on everything from tracking inventory and managing their budget to keeping potential bad actors out of the business.

Denver's audit found serious problems with how the city licenses, tracks and manages the booming medical marijuana industry in the city.
 

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