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Marijuana dispensaries warned of federal charges
Ryan Hagen, Staff Writersbsun.com
Created: 02/29/2012 07:41:26 PM PST
U.S. attorneys sent letters Tuesday to more than 50 marijuana dispensaries in San Bernardino, Fontana, Colton and Bloomington threatening criminal or legal action in federal court if the dispensaries stay open.
This is the latest stage in a statewide crackdown that began in October, said Thom Mrozek, a public affairs officer for the U.S. Attorney's Office.
"We've gone after different geographic areas, and this enforcement action is the latest phase," Mrozek said.
The letters give the dispensaries 14 days to stop distributing marijuana.
"This letter serves as formal notice to you that the marijuana dispensary's operations violate United States law and that the violations of United States law relating to the marijuana dispensary's operations on your property may result in criminal prosecution, imprisonment, fines and forfeiture of assets, including the real property on which the dispensary is operating and any money you receive (or have received) from the dispensary operator," reads a sample version of the letter. Federal law prohibits possessing or distributing marijuana for any reason, including medical use, but those who run or use dispensaries argue it's legal in California. They cite Proposition 215, the 1996 law that approved medical cannabis in the state, and Senate Bill 420, passed in 2003, which details the amount of marijuana a person can possess for medical purposes and sets guidelines for identification card programs.
"The law says we need (medical marijuana), and there is a need for us," said Dewayne "Dewbie" O'Brien, a budtender at Arrow Alternative Remedies in San Bernardino. "We're very busy with new patients and returning patients, staples of the community. The community needs us."
O'Brien said he had not yet received a copy of the letter but said Arrow Alternative Remedies is careful to operate safely and according to state law.
Aaron Sandusky, who ran G3 Holistic in Colton until a city raid forced him to shut down, said it's undemocratic and harmful to public health to shut down well-run collectives like his.
"God help us all," he said. "It's the will of the people."
Sandusky also operates a dispensary in Upland, outside the area contacted Tuesday, that was shut down but reopened Dec. 30 as it appeals its closure.
The partnership with U.S. Attorney's Office and the Drug Enforcement Agency is the latest stage in what already was an aggressive approach in San Bernardino, said Jolena Grider, assistant city attorney.
Opening a dispensary has been illegal in San Bernardino since July 2010 and for most of the period stretching back to 2007, but in the past year the city attorney's office began imposing $1,000-per-day fines known as Administrative Civil Penalties or ACPs.
"For the past year we've been issuing ACPs, which are penalties of $1,000 a day from the time we went out and verified that they were dispensing marijuana," Grider said. "Now, we'll be coordinating with the U.S. attorneys to do more." Contact Ryan via email or by phone at 909-386-3916.
Marijuana dispensaries warned of federal charges
Ryan Hagen, Staff Writersbsun.com
Created: 02/29/2012 07:41:26 PM PST
U.S. attorneys sent letters Tuesday to more than 50 marijuana dispensaries in San Bernardino, Fontana, Colton and Bloomington threatening criminal or legal action in federal court if the dispensaries stay open.
This is the latest stage in a statewide crackdown that began in October, said Thom Mrozek, a public affairs officer for the U.S. Attorney's Office.
"We've gone after different geographic areas, and this enforcement action is the latest phase," Mrozek said.
The letters give the dispensaries 14 days to stop distributing marijuana.
"This letter serves as formal notice to you that the marijuana dispensary's operations violate United States law and that the violations of United States law relating to the marijuana dispensary's operations on your property may result in criminal prosecution, imprisonment, fines and forfeiture of assets, including the real property on which the dispensary is operating and any money you receive (or have received) from the dispensary operator," reads a sample version of the letter. Federal law prohibits possessing or distributing marijuana for any reason, including medical use, but those who run or use dispensaries argue it's legal in California. They cite Proposition 215, the 1996 law that approved medical cannabis in the state, and Senate Bill 420, passed in 2003, which details the amount of marijuana a person can possess for medical purposes and sets guidelines for identification card programs.
"The law says we need (medical marijuana), and there is a need for us," said Dewayne "Dewbie" O'Brien, a budtender at Arrow Alternative Remedies in San Bernardino. "We're very busy with new patients and returning patients, staples of the community. The community needs us."
O'Brien said he had not yet received a copy of the letter but said Arrow Alternative Remedies is careful to operate safely and according to state law.
Aaron Sandusky, who ran G3 Holistic in Colton until a city raid forced him to shut down, said it's undemocratic and harmful to public health to shut down well-run collectives like his.
"God help us all," he said. "It's the will of the people."
Sandusky also operates a dispensary in Upland, outside the area contacted Tuesday, that was shut down but reopened Dec. 30 as it appeals its closure.
The partnership with U.S. Attorney's Office and the Drug Enforcement Agency is the latest stage in what already was an aggressive approach in San Bernardino, said Jolena Grider, assistant city attorney.
Opening a dispensary has been illegal in San Bernardino since July 2010 and for most of the period stretching back to 2007, but in the past year the city attorney's office began imposing $1,000-per-day fines known as Administrative Civil Penalties or ACPs.
"For the past year we've been issuing ACPs, which are penalties of $1,000 a day from the time we went out and verified that they were dispensing marijuana," Grider said. "Now, we'll be coordinating with the U.S. attorneys to do more." Contact Ryan via email or by phone at 909-386-3916.
