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News (Media Awareness Project) - US CO: Feds: Colorado Medical-Marijuana Dispensaries Within
Title:US CO: Feds: Colorado Medical-Marijuana Dispensaries Within
Published On:2012-01-12
Source:Denver Post (CO)
Fetched On:2012-01-13 06:03:14
FEDS: COLORADO MEDICAL-MARIJUANA DISPENSARIES WITHIN 1,000 FEET OF A
SCHOOL MUST CLOSE

Federal prosecutors today announced a crackdown on medical-marijuana
dispensaries in Colorado, the most aggressive law-enforcement action
yet against the businesses in the state.

The U.S. Attorney's office today sent letters to 23 dispensaries
located within 1,000 feet of a school. The dispensaries were told they
have 45 days to close or face criminal prosecution and forfeiture of
property.

"When the voters of Colorado passed the limited medical marijuana
amendment in 2000, they could not have anticipated that their vote
would be used to justify large marijuana stores located within blocks
of our schools," Colorado U.S. Attorney John Walsh said in a statement
announcing the crackdown.

Colorado law specifies that dispensaries must be at least 1,000 feet
from schools but also allows local governments to shrink that distance
or grandfather in existing dispensaries.

The 1,000-foot buffer is also significant because it triggers enhanced
penalties under federal law.

Federal prosecutors and law enforcement agents are working to identify
other dispensaries within 1,000 feet of schools.

The U.S. Justice Department has previously said it would not target
people operating in compliance with state medical-marijuana law. It
then clarified that policy over the summer to state the exemption
doesn't apply to dispensaries and their owners.

The letters sent out today are sharply worded and leave little room
for confusion.

"The dispensary is operating in violation of federal law, and the
Department of Justice has the authority to enforce the federal law
where appropriate even when such activities may be permitted under
state law," the letter reads. "Persons and entitities who operate or
facilitate the operation of such dispensaries are subject to criminal
prosecution and civil enforcement actions under federal law."

U.S. attorneys in California had previously sent such letters to
dispensaries in that state. But federal prosecutors in Colorado had
held off, leading to speculation that Colorado's rigorous
medical-marijuana business regulations would keep the federal
government at bay.

Colorado has about 700 dispensaries, according to the most recent
count of businesses that had an active license application pending
with state regulators.
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