HERE WE GO AGAIN

[puremmj]

Feds Threaten Marijuana Dispensaries Nationwide - Toke of the Town (http://www.tokeofthetown.com/2011/03/feds_threaten_marijuana_dispensaries_nationwide.ph p#more)



In a little-publicized memo, the U.S. federal government has indicated that the gloves are off regarding medical marijuana dispensaries, "regardless of state laws."

Previous memos had indicated a loosening of federal prosecutions of medical marijuana; however the new memo states very clearly that the feds consider all dispensaries illegal under federal law and that their prosecution is a "core priority" of federal agents, according to the Cannabis Therapy Institute (CTI).

The "Haag Memo" [PDF], written on February 1, 2011 from U.S. Attorney Melinda Haag (Northern District of California) to Oakland City Attorney John A. Russo, was a response to an Oakland City Council request for guidance regarding medical marijuana and federal law. The memo was written with consultation and approval from U.S. Attorney General Eric Holder, according to CTI.


Photo: The Good, The Bad, The Ugly
U.S. Attorney Melinda Haag: "Individuals who elect to operate 'industrial cannabis cultivation and manufacturing facilities' will be doing so in violation of federal law"
​The Haag Memo clarifies the Ogden Memo ,which was written by former Deputy Attorney General David W. Ogden on October 19, 2009 for the Department of Justice. The Ogden Memo seemed to indicate that the new Obama Administration would restrict federal prosecution of medical marijuana providers in states where medicinal cannabis is legal. This was heralded by many as giving the green light to pursue medical marijuana businesses, as long as they complied with state laws.

According to CTI, the Haag Memo clears up that misconception with some very unambiguous statements.

"The memo says clearly that the feds will not look the other way on medical marijuana," CTI said in a press release. "The 'Haag Memo' states very clearly that the feds will continue to investigate, arrest and prosecute medical marijuana dispensaries in every state 'regardless of state laws.' "

In addition, the memo calls the prosecution of medical marijuana dispensaries a "core priority" for the feds.

Medical marijuana commercial activity is still considered by the DOJ to be "a violation of federal law regardless of state laws permitting such activities," according to the memo, CTI said.

The memo may be the cause of the recent increase in federal raids and medical marijuana dispensaries, according to CTI. Only four days after the Haag Memo was issued, the DEA raided four dispensaries in California. Just this week, the DEA raided more dispensaries in California and Montana. Agents seized the assets and bank accounts of several dispensaries.

"Maybe this will wake people up who think that it can't happen here," said Kathleen Chippi of the Colorado-based Patient and Caregiver Rights Litigation Project, which is trying to raise money to file lawsuits to uphold the constitutional right of Coloradans to cannabis medicine.

Many legal observers agree that Colorado has the best chance of fighting the feds in court because it is the only state whose medical marijuana law is actually in the state Constitution.

[copobo]

yup. y'all are next. and those patient records.

[MakeSense]

DEA Raids Marijuana Dispensaries Across Montana - Toke of the Town (http://www.tokeofthetown.com/2011/03/dea_raids_marijuana_dispensaries_across_montana.ph p)

http://www.coolestpicture.com/wp-content/uploads/2009/11/13846_1267508613326_1398145009_30753086_8016075_n. jpg

[senorx12562]

I hate to say I told you so, but I did. I was wrong about the timing though, I thought it would wait for a new administration. Asinine.

[canaguy27]

is it worth it to go to the dispensaries that have your info and request the hard copies and have them delete your info?

[TheReleafCenter]

is it worth it to go to the dispensaries that have your info and request the hard copies and have them delete your info?

The memo says they're not after people with illnesses, just us... like we've said all along.

[DenverRelief]

yup. y'all are next. and those patient records.

You seem to be gloating...

[DenverRelief]

We do not keep hard copies of patient records and have protocol to protect patient information in the event of a raid.

The DEA is not going to go around knocking on patients doors charging them with felony possession. That's ludicrous, as are the raids.

We'll just have to wait and see how much water these rumors hold.

[copobo]

nope. an attack on one is an attack on all. I agree with Releaf, their primary target is going to be mmc's. I would assume the ones that have the larger grow licenses are the ones that have the most to worry about. When they go in for one of these, they take all records. What happens to those records? Will patients end up in a database? Will they leave Colorado alone because it's in the constitution?

if you sense some gloat, perhaps it's that I feel even stronger in my belief that we need to protect small non-commercial caregivers and patient growers. Oddly, that seems to be the message they are sending as well.

[canaguy27]

The memo says they're not after people with illnesses, just us... like we've said all along.

We are ALL very aware of what you think, but the gov't can change their minds at any time if they want to go after you.

[canaguy27]

We'll just have to wait and see how much water these rumors hold.

It is a fact that Montana dispensaries got raided.

It is not a RUMOR. (in best schwarzenegger voice)

[Colodonmed]

And to think patients are just going to be okay with being videotaped and the transaction history being made a part of some database.

[DenverRelief]

It is a fact that Montana dispensaries got raided.

It is not a RUMOR. (in best schwarzenegger voice)

Yes, they did get raided in Montana, but not ALL dispensaries.

The rumor is that they are going to come after Colorado, and as the article above states, we have a stronger legal defense against federal prosecution from Amend20.

[DenverRelief]

The video-taping has not passed and will likely be removed from HB11-1043 before it does.

Every time you buy groceries at Safeway and enter your phone-number, your purchase goes into a database.

There is no central database in place collecting every patients' sale.

[TheReleafCenter]

Yes, they did get raided in Montana, but not ALL dispensaries.

The rumor is that they are going to come after Colorado, and as the article above states, we have a stronger legal defense against federal prosecution from Amend20.

MMC's don't have any rights under A20, unfortunately. Our legal protection is derived from HB1284. They also let everyone at MMBA know last night that the transactions won't be recorded. If you guys get a chance, you should check out one of their monthly meetings! Always informative.

[Dorje113]

The DEA had evidence the Montana dispensaries were involved in trafficking:

Montana medical marijuana stores raided; advocates cry foul - CNN (http://articles.cnn.com/2011-03-16/justice/montana.marijuana.raids_1_medical-marijuana-steph-sherer-americans-for-safe-access?_s=PM:CRIME)

It was an 18 month long investigation, so this is NOT a result of a change of policy.

Quoting from the CNN article:

" Individuals who are in compliance with state law are not the focus of the investigation, authorities said."

So what's changed?

[HighPopalorum]

We'll see. Maybe these raids are an isolated incident, like The Bartkowicz Affairâ?¢. Maybe not.

[Dorje113]

We'll see. Maybe these raids are an isolated incident, like The Bartkowicz Affairâ?¢. Maybe not.

I agree, it's hard to tell.



Also, read the actual Haag Memo... http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf

It was directed to Oakland, specifically their plan to have extremely large scale grows. Does it apply to CO? I don't know.

[Dorje113]

Also, Haag is the US Attorney for the northern district of CA, not the entire USA.

[Zedleppelin]

The video-taping has not passed and will likely be removed from HB11-1043 before it does.

Every time you buy groceries at Safeway and enter your phone-number, your purchase goes into a database.

There is no central database in place collecting every patients' sale.

The difference is:

1. Buying groceries is not illegal on a Federal level and local police do not harass grocery purchasers.

2. You enter your phone number by choice, you are not forced to.

[Colodonmed]

{Denver} -- The Colorado Department of Revenue has promulgated 77 pages of new rules relating to Medical Marijuana Centers (MMCs) in Colorado. These new rules will go into effect July 1, 2011.

You can read the rules here:
Department of Revenue - Enforcement Group:Medical Marijuana (http://www.colorado.gov/cs/Satellite/Rev-Enforcement/RE/1251575119584)

It appears the DOR has tried to address security and privacy concerns of patients, but they still fall far short of what is necessary to ensure patient confidentiality. The new rules state that "Surveillance recordings and clear still photos must be made available to the MMED and law enforcement upon an administrative or law enforcement request demonstrating that the information sought is relevant and material to a legitimate regulatory or law enforcement inquiry."

There is no definition of the word "legitimate", so this would probably require MMCs to give patient surveillance recordings to the DOR or any other law enforcement agency on demand, unless the MMC was willing to go to court to challenge the "legitimacy" of the request.

CTI is still analyzing these new rules and will have more comments soon.

I see nothing about groceries here, just you and me being videotaped and recorded....not good

[DenverRelief]

"Surveillance recordings and clear still photos must be made available to the MMED and law enforcement upon an administrative or law enforcement request demonstrating that the information sought is relevant and material to a legitimate regulatory or law enforcement inquiry."

What exactly is your fear? That the MMED will request a centers recordings frivolously and start sharing them on the internet?

If you are concerned about the abuse of this rule, then that is a problem that extends through law enforcement and into our judicial system.

Search warrants may be abused by judges, the DA, and police but they serve a needed purpose.

The language from the draft that you quote is a step towards creating a process that law enforcement must go through prior to receiving tapes, or information. Something that will be akin to a search warrant.

I bring up groceries, because in this world we are always being recorded. What we buy, where we go, there are cameras. I am not sure how cameras in an MMC are different, and I want to reiterate that these tapes will not be used to go after patients.

[flipeng]

The letter seems to be a specific response to the enormous industrial grow facility that Oakland was planning to allow. Although they certainly dont limit any action they may take against anyone, imo its clear that it is the plan for that particular place, which has received a lot of publicity nationally, that they were looking to threaten. It doesnt seem to signal any changed approach. If you read enough about the Montana raids, they seemed to specifically target mmc's that they felt there was evidence against regarding black market activity outside the state law.