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News (Media Awareness Project) - US CO: More Letters Coming To Mmj Dispensaries, US Attorney
Title:US CO: More Letters Coming To Mmj Dispensaries, US Attorney
Published On:2012-01-19
Source:Gazette, The (Colorado Springs, CO)
Fetched On:2012-01-23 06:02:04
MORE LETTERS COMING TO MMJ DISPENSARIES, U.S. ATTORNEY SPOKESMAN SAYS

The U.S. Attorney's Colorado office plans to send additional letters
to medical marijuana dispensaries, suggesting that last week's
letters are just the beginning of a federal crackdown.

On Jan. 13, the attorney's office sent letters to 23 dispensaries
located within 1,000 feet of a school, a violation of federal law.
One of the letters went to Indispensary in Colorado Springs.

More dispensaries will be targeted by a second round of letters, said
Jeff Dorschner, the spokesman for the office.

Dorschner did not say when the letters will be sent, nor how many
additional dispensaries the letters will target. He did confirm that
a second round of letters will address dispensaries within 1,000 feet
of schools and will order them to move within 45 days or close.

"Multiple waves of letters" are on the U.S. Attorney's agenda, some
of which will target different issues in the medical marijuana
industry, Dorschner said. He did not say what these issues will be.

Dorschner said U.S. Attorney John Walsh's actions against the medical
marijuana industry were prompted by complaints from law enforcement
and concern voiced by local communities across Colorado.

"When the U.S. Attorney first came into office he heard many times
from local law enforcement that these medical marijuana stores were
causing a number of problems, and the impact on individual
communities was great," Dorschner said.

Cliff Black, an attorney in Colorado Springs who works with local
dispensaries, said he views this step as part of a "divide and
conquer strategy" on the part of Walsh's office.

"Then they are going to go after ones near parks, youth centers, and
then attack a few at a time, and then go from there," he said Thursday.

Brain Vicente, a Denver lawyer and director of Sensible Colorado, a
group that advocates for drug policy reform, said the federal
government is out of touch with state voters.

"Basically the people of Colorado have spoken on this issue. They
want patients to have access to medical marijuana, and the federal
government is infringing on that," Vicente said.

The Jan. 13 letters, and the threat of more, emphasize the federal
government's need to step aside, and allow state regulations to
stand, Vicente said.

"Anyone that is in violation of state law should be their target.
That's what's kind of maddening to any advocates like myself - none
of these dispensaries are in violation of state law," Vicente said.

The fact remains that marijuana is illegal on a federal level, which
is why the medical marijuana business is a tough one to enter, Black said.

Colorado Springs allows medical marijuana dispensaries 500 feet from
schools, although state law was changed to a 1,000-foot buffer. The
U.S. Attorney's letters to dispensaries cited the federal Controlled
Substances Act, which states that anyone distributing or
manufacturing a controlled substance in or within 1,000 feet of
public or private elementary and secondary schools, as well as junior
colleges or university, is in violation of federal law.

Restrictions also apply to public or private youth centers, public
swimming pools and video arcades.

The 1,000-foot distance is measured from the location of the drug
transaction to a school's property line, Dorschner said.

If the targeted businesses have not relocated in 45 days, they will
be forced to close, and could face criminal charges, Dorschner said.

"So far we're going to try to fight it as far as we can," said Brian
Balliett, an employee at Indispenary, 123 E. Bijou St. "The 45 days
doesn't even give you enough time to transfer your licensing."
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