Holder explained that the memo was meant as a request to U.S. attorneys to lay off medical pot where there was "clear and unambiguous" compliance with state law. Medical marijuana was by no means embraced — "no state can authorize violations of federal law," the memo reminded — and though U.S. attorneys should focus on other crimes before hauling cancer patients into court, "nothing herein precludes investigation or prosecution" of them or anyone else.
This memo had "far-reaching political and legal implications," the New York Times reported. It must be so, because Republicans were pissed. "The administration is tacitly condoning the use of marijuana in the United States," fumed Rep. Lamar Smith (R-Texas). If so, the Justice Department still gave nothing of substance for defense attorneys. "It was not, 'You must lay off' — it's 'You should probably lay off,'" according to UC Hastings law professor Rory Little. Lost in the hubbub was the DEA's own stance, issued via press release: "We will continue to identify and investigate any criminal organization or individual who unlawfully grows, markets, or distributes marijuana or other dangerous drugs."
The Ogden memo had an impact on Erik Stacy, Robert Dodson, Charles Kisor, Charles Klause, and Geoffrey Bliss. In 2010, they decided to open a dispensary in Ridgecrest, a small desert town in Kern County best-known for the nearby Navy missile- and rocket-testing range at China Lake.
Their dispensary, B&C Natural Things, did not last long. Somehow, a local police department investigation into marijuana cultivation operations was handed over to investigators from the U.S. Navy Criminal Investigative Service, stationed at China Lake. That made it a federal case, which began on Oct. 26, 2009, one week to the day after the Ogden memo. That was when investigators thought Stacy, who had a doctor's recommendation, grew pot in his home. (Through their attorneys, the defendants declined to comment.)
According to the criminal complaint, it wasn't until December 2009, when one of the defendants made the first of three cash deposits (with money that "smelled like marijuana," according to court filings) into a business bank account for B&C Natural Things that the feds began to build their case.
The feds sent in a confidential informant, who acquired four ounces of pot from Stacy on three occasions. Yet no mention of a monetary transaction is made in the feds' filings, nor is there mention of whether the informant had a medical recommendation. That means the deal could have been legal under state law.
The defendants certainly thought it was. "We have a collective ... and it's legal," one of them was heard saying on a wiretap. In raids conducted on April 27, 2010, on their homes and the dispensary, authorities found a total of 1,040 marijuana plants at two locations. That may sound like a large-scale grow, but there were enough medical recommendations for it to be all legal under state law, according to attorney Allison Margolin, who is representing Kisor.
It's a similar situation in the case of USA vs. Joseph Nolan, Mark McGrath, Dustin York, Joseph Taylor and Jeremy Dunn, whose grand jury indictment for Controlled Substances Act violations was returned on April 1, 2010. During a bust the month before, agents found 1,161 plants, 54.8 pounds of pot, and 15 gallons of hash oil at a Bakersfield warehouse. Again, that's a substantial amount of marijuana — but again, it's legal if the defendants had on-site the requisite number of recommendations, according to Margolin, who is also representing Taylor.
In any event, investigators found no evidence of illegal sales, such as pounds shipped out of state or marijuana sold outside of legal dispensaries. Indeed, the DEA found no evidence any of the defendants had sold pot at all, aside from a check made out to the Blue Banana dispensary in Northridge.
In the counties that comprise Northern California's pot country, government helicopters are so routine as to be noted only by outsiders. The locals in Lake County knew something was up, however, when four helicopters and two dozen black Cadillac Escalades — a surefire sign of a big federal raid — converged on Tom Carter's home near Upper Lake on August 19, 2009.
The feds claimed that one of his employees, Brett Bassignani, allegedly sold 500 marijuana seedlings, known as "clones" in growers' parlance, to an undercover DEA agent who had posed as the owner of a legal dispensary. Some interpretations would suggest that the transaction would have been legal even if nobody had medical recommendations: Clones and seedlings are not considered marijuana under Senate Bill 420, which states "only the mature processed flowers of female cannabis plants ... shall be considered when determining allowable quantities of marijuana."
Later that day, the feds also hit the home of Scott and Diana Feil as well as that of Steven Swanson, a retired New York City police detective who managed United Medical Caregivers Clinic, the Los Angeles dispensary, after Feil left the business in 2005. Los Angeles police had raided it twice, on one occasion neglecting to tell the judge signing the warrant that it was a legal storefront dispensary before seizing $186,000. That was a key point in the Ninth Circuit's decision to uphold Feil's lawsuit against the government and order the return of the cash. No charges in Los Angeles were ever filed, yet the federal government later indicted the Feils and Swanson for conspiring to sell 100 kilos of marijuana at UMCC over a six-year period. (For comparison, consider that a small-time dispensary with 100 patients a day, roughly the average in San Francisco, could dispense 100 kilos in less than a year.)
We have recently begun to accept new members for 2011-2012 and walk-ins are always welcome. We have lowered our pricing and now offer a 10% discount for Veterans & Students (with valid ID) and HIV & Cancer patients. (All our TOP SHELF 1/8’s are capped at $40). Since opening our doors in 2009 our Denver dispensary has stood by our product and offered a 100% Satisfaction Guarantee. http://www.tgtree.com/
when is this country going to get a real candidate that actually believes in change? This really pisses me off - I hope Obama cleans his act up when reelected because the sad truth is that we can't elect a Republican in and the American public is too stupid to vote or come up with a third party candidate.
With Obama you were promised hope and change. Sure looks like you got it. I proudly say that I did not vote for this liar and will not next year. God help us if he gets 4 more years.
prolly cuz hes black and then people would be sayin its racist to call a black man a lier. then it would blow outa proportion. He wont be pres anymore when his times up. He is smart but dont know how to run a nation and keep his words. Lies, and this so called "change", isnt what we wanted. This nation is wayyyyy to politically correct, or wrong in my opinion, it aint even funny its ridiculous.
Talk about corruption this is the epitome of it. Let's talk about Brendan Burkhart, local Northern California DEA agent, close friends with David Garzoli, former Lake County Sheriff Deputy, accused of taking illegal helo flights on the taxpayer dime. Burkhart was in collusion with his best friend Garzoli, and former Sheriff Mitchell Lake County Sheriff. The local sheriff who was recently thrown out of office by the Lake County citizens, had a record of going after citizens in Lake County whom he thought posed a danger to him. Burkhart, is known to be a corrupt agent, who participated in the illegal Garzoli flights, which by the way were used to do fly overs on small local growers in Lake County. The connections go very very deep, and includes a number of current local and former Lake County deputies. Already the leaking of information is starting to surface in the Feil/Carter case as an example. There is a couple of snitches in the woodwork, and some how sealed court informant information is leaking out concerning recent roll-overs by snitches. It is suspected Burkhart may have a big mouth for a DEA agent, and it appears one of the snitches may as well. Time will tell on this one,But it does appear that highly improper practices are taking place. There is also information surfacing that the DEA may be protecting a snitch who has just been discovered to be a known Herion addict and distributer. This person may be the lynch pin who rolled over for the DEA to save his ass, and the DEA did not want this information to surface. I feel sorry for Carter and Feil, although I do not reside in the county, I have many connections there and some are in law enforcement. This is not BS this is the truth of this and many other DEA cases on the books right now that should not be. Good luck to all involved.
Clue, Obama is actually a moderate Republican sold to the american people by Wall Street in order to demoralize the Left. There you will find the sense in all of his actions.
You can bet the illegal drug dealers voted against legalization. Medical Marijuna is a safer alternative then many dangerous addictive prescriptions prescribed by different kind of drug dealer, this observation comes from sitting in meeting rooms for addictive personalities.
This story is important. Mainstream press doesn't want to go near this because it shows that government is allowing suckers to get sucked into industry that has no real ground to stand on. That's ok with them. They will take the taxes, property seizures, drugs to destroy (or resell). They will take penalty fees, while lawyers, prison industry also rake in the suckers' money. Atty Generals guidelines are worthless even when followed. Who does come out unscathed? Maybe those who get cozy with cops, DA, or politicians. Maybe those related to sheriff? This whole thing stinks of corruption and scapegoating.
Personally, I am against any illegal drug, but if the CA state law allows medical marijuna providing patients have a CERTIFIED prescription - THE FEDS SHOULD BUTT OUT!Claude DeMossSan JoseFormer Police Officer
I would urge you to look into LEAP...law enforcement against prohibition..I am against the abuse of drugs myself and prohibition only gives criminals the profit from this affliction
Thank you for your honest experienced opinion. I have Diabetic Neuropathic Gastroparesis (Paralyzed Stomach.) This causes Chronic Nausea & Vomiting due to eating for which there is no treatment in today's pharmacopoeia. My Family Dr & my Digestive Disease Specialist both tell me to move to a legal Medical Marijuana State for that is my only hope for Chronic Nausea and Vomiting relief. I truly am shocked that a legal dispensary would sell that junk.
Police seem just interested in taking cash, drugs, no matter what documentation. Many in the system smear mmj, blaming it for the crimes such as burglary, robbery, and home invasion, when it is the justice system that prevents businesses from operating safely. Banks won't allow business accounts, making security impossible and forcing cash transactions. The situation is getting worse, attracting naive, honest newcomers who are being used by illegal profitmakers, organized crime, corrupt police, you-name-it. Something should be done so that the honest mmj workers are not being run over by both true criminals and a corrupt, opportunistic justice system. Please tell Atty General Kamala Harris, don't let us be the sacrificial lambs!!
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you guys, please support Ron Paul in his next bid to become President. You will not be sorry after he gets elected. Please!
To those political idiots who think the Mexican Drug Cartel is supplying Medical Marijuana to Dispensaries. You must realize that the Mexicans do not have the knowledge, experience or expertise to grow the quality marijuana found in our dispensaries throughout the U.S. They only grow whatever pops up, mostly dirt Schwag that will give you a headache rather than a pleasant euphoria. Not to mention it has no or very little medical value. I'm talking brown, brick weed with stems and seeds that you don't need.
You are the idiot. Mexican weed is sold through many dispensaries. It is cheap,brown weed that sells just like cheap beer. The cartels are growing on public land in almost every county in California. Only an idiot would believe it is not being sold in legal dispensaries. They pollute land use illegal, dangerous pesticides and fertilizers. What rock have you been hiding under?
You are right. I do not even live in a legal state yet, just a short time left. But I travel a lot and have family in Sacramento and Davis. I have never heard of a Real Dispensary selling Mexican Schwag. Are you seriously telling me they sell that crap? That stuff is not only worthless its of no medical value as the content of THC is under 2% at best and indeed may be harmful for there is sometimes mold and/or pesticides on it. I've even seen weed that smells like gasoline because of where it was placed to bring in. To be medical it must be 10% THC minimum and contain CBD's and CBN's, etc,. Forgive my ignorance and thank you for opening my eyes. I agree with you regarding the way they treat the land and are of no good whatsoever. I honestly believed that the only weed they were capable of growing was weed that ranges from pure trash to good mid grade. But for a dispensary to sell this kind of product should be shunned if not worse. I certainly would never give them any of my money.
considering you lot are so dumb that you thought anything would actually change, i guess you deserve this
Wow...... How nasty can you be!! Medical marijuana is some peoples only relief from pain and cancer!! Life is so much better with an open mind!!
We at Hemp for Jobs a non-profit are working to get Hemp/Cannabis REMOVED from the Controlled Substance Act and reform the Marijuana Tax Stamp Act to reasonable levels for Non-medical use. Anything short of that and we will all still be the DEA's targets.www.hempforjobs.org or find us on facebook.James Dean Stacy former Federal Defendantread about me:http://www.nctimes.com/news/lo...
Watch as our rights and freedoms continue to get ripped out from under us... Fuck Obama and fuck this country.
No more Obama for me. I just can't stand hypocrisy... realizing that every level of government says one thing and does another... but I can continue to vote them out when they do.
I thought Obama would be different. My mistake!
You can complain all you want but the biggest opponent to the legalization of marijuana in California were the growers themselves. Also you are misinformed about encroaching on state sovereignty. I am assuming you are referring to the clause whatever is not explicitly stated in the Constitution deffer to the states? There is another clause in the Constitution called the necessary and proper clause and the interstate commerce clause which allow the federal government oversight.
Also, there's this: "The government argued that if a single exception were made to the Controlled Substances Act, it would become unenforceable in practice. The government also contended that consuming one's locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate—and prohibit—such consumption. This argument stems from the landmark New Deal case Wickard v. Filburn, which held that the government may regulate personal cultivation and consumption of crops, due to the effect of that consumption on interstate commerce, however minute it may be." - http://en.wikipedia.org/wiki/R...
Obama isn't the one in charge. Money is the boss. So-called "marihuana" is a smoke screen. Cannabis is illegal because of cellulose. Period. It produces four times the cellulose, per acre, compared to trees and takes a fraction of the chemistry to turn into paper. Cannabis is illegal to protect the interests of the tree-paper chemistry industry. Obama could easily sign an Executive Order, stopping the DEA's enforcement actions, but HE ISN"T THE BOSS. He's a PUPPET. He's a TOOL. Step N. Fetchit. The Great Black Hope is a figurehead. Money rules all. The Golden Rule: He with the gold makes the rules. Period. Read this: http://www.jackherer.com/thebo...
Every once in a while AXIS will come out of its hole hold a press release and act like they are doing something good while most of the time they sit around and vaporize while mooching off of good people that provide for them to be a bunch of BUMS!
IF anyone else out there has a reply regarding how messed up AXIS is PLEASE let the WORLD know!
Plus her group has HARMED many a good Cannabis Activists while they get away with doing so--Axis is what it is an AXIS!
Shona is dispensing the stuff without a permit when everyone else is forced to have one--talk about unfair! Who in the hell does she think she is HARMING the cause this way?
you're damn right, its bullshit. i have to start chemo in July and im scared to death. i live in alabama so you know ive got a snow balls chance in hell. i sure wish i could move before then. but its not in the cards.what to do, what to do?
Barack is a politician first so let us not forget that! Second, the person he put in charge is the same guy that Bush had in charge. But imho I think that in 2012 his trump card might be legalizing marijuana to get the young people to vote for him. It wouldn't hurt him to do it then because it will be his last term if he gets elected. I see the method of his madness, not a pretty one, but I have hope.
"When governments fear the people there is liberty. When the people fear the government there is tyranny."*1“If the words “Life, liberty, & the pursuit of happiness” don’t include the right to experiment with your own consciousness, then the Declaration of Independence isn’t worth the hemp it was written on.”*2 "The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this."*3“Those who deny freedom to others deserve it not for themselves, and, under a just God cannot long retain it.” *4 "Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves."*6 "If people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny."*1 “Penalties against possession of a substance should not be more damaging to an individual than the use of that substance; & where they are, they should be changed. Nowhere is this more clear than in the laws against possession of marijuana in private for personal use…”*7 "In strict medical terms marijuana is far safer than many foods we commonly consume. It is physically impossible to eat enough marijuana to induce death. Marijuana, in its natural form, is one of the safest therapeutically active substances known to man."*11 “When a private enterprise fails, it is closed down; when a government enterprise fails, it is expanded. Isn’t that what’s been happening with drugs?”*8 “It will be found an unjust & unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it.”*10 “America’s present need is not heroics, but healing; not nostrums but normalcy, not revolution, but restoration.” *13 Doesn’t the idea of making nature against the law seem to you a bit… unnatural?*14 "We in this country have to make up our minds -- -- we can not have it both ways: we cannot be both drug-free and free." *16 "Marijuana gives rise to insanity -- not in its users but in the policies directed against it. A nation that sentences the possessor of a single joint to life imprisonment without parole but sets a murderer free after perhaps six years is in the grips of a deep psychosis."*17 Hundreds of thousands of "jobs for American workers throughout the land.”*18 http://www.ipetitions.com/peti...
lol, did you actually expect him to be any different than those before him? I mean seriously.
He lied, he continues to lie and I am totally put out with him and his and Bush's puppets. The rules aren't clear, nobody in the obama admin wants to make them clear. It's continuous bait and switch. There are more of us than them.
Reading about the persecution of decent, law abiding people that has taken and continues to take place in the U.S. has angered appalled me for decades...
It's blatant bad journalism that the article doesn't mention raids are down 40% from the last years of Bush's administration. While the deck is still stacked against us, it's not as stacked as it was a mere 4 years ago.
Where are you getting your figures? Raids were at an all-time high in 2009, Obama's first year in office. http://www.albany.edu/sourcebo...
Do you realize that showing data from one year doesn't demonstrate an "all time high". Do you realize that the bureaucracies at work in 2009 were part of the Bush Administration? Do you realize that the legality of medical dispensaries doesn't make all marijuana activity legal?
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