• 20
  • January
    2012

Federal authorities are officially cracking down on Colorado medical marijuana dispensaries following a similar crackdown in California this past October.

In states such as Colorado and California where medical marijuana is legal, these state laws conflict with federal laws. For example, in Colorado, Amendment 20 permits the use of marijuana for medicinal purposes. However, under federal law, the cultivation, possession and sale of marijuana is still illegal.

According to a federal official, the current crackdown is focused more on dispensaries than on individuals.

"We're not interested in an individual who is a patient or a patient's caregiver under the original terms of the state amendment," said Jeff Dorschner, a spokesperson for the United States Attorney's Office for the District of Colorado. "But we are interested in the trafficking of marijuana, and there is a federal interest in those who are providing marijuana to children."

Specifically, the crackdown is targeting dispensaries that are within 1,000 feet of a school. To that end, federal officials sent 23 warning letters to medical marijuana dispensaries in Colorado that fit this description, indicating that the recipients had 45 days to shut down their operations, or they could have their property seized and possibly be subjected to federal prosecution.

This is just the beginning, according to Dorschner. "Those 23 are just our first wave," he said. "There are many more, and after we complete the first wave, there will be a second wave and then possibly a third and a fourth."

A city attorney in Boulder -- where at least 13 medical marijuana businesses are located within 1,000 feet of a school or daycare -- said that the city hadn't received any advance warning of the federal action, but there was nothing they could do to stop it.

"We don't have any standing to come in and stop the feds," she said. "They can do what they want."

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Daily Camera, "Feds threaten to shut down 23 Colorado marijuana shops near schools" Jan. 12, 2012