cannabisnews.com: California MMJ Operation Targeted by Feds function share_this(num) { tit=encodeURIComponent('California MMJ Operation Targeted by Feds'); url=encodeURIComponent('http://www.cannabisnews.com/news/27/thread27029.shtml'); site = new Array(5); site[0]='http://www.facebook.com/sharer.php?u='+url+'&title='+tit; site[1]='http://www.stumbleupon.com/submit.php?url='+url+'&title='+tit; site[2]='http://digg.com/submit?topic=political_opinion&media=video&url='+url+'&title='+tit; site[3]='http://reddit.com/submit?url='+url+'&title='+tit; site[4]='http://del.icio.us/post?v=4&noui&jump=close&url='+url+'&title='+tit; window.open(site[num],'sharer','toolbar=0,status=0,width=620,height=500'); return false; } California MMJ Operation Targeted by Feds Posted by CN Staff on July 12, 2012 at 05:07:56 PT By Joe Mozingo, Los Angeles Times Source: Los Angeles Times California -- The federal government is moving to shut down the nation's largest and highest-profile medical marijuana dispensary operation, filing papers to seize properties in Oakland and San Jose where Harborside Health Center does business.Copies of the federal Complaint for Forfeiture were taped to the front doors of the two dispensaries Tuesday, alleging that they were "operating in violation of federal law." Medical marijuana advocates, as well as some state and local officials, decried the action, saying it hurts patients in legitimate need of the drug and breaks repeated promises by President Obama's Justice Department that it was targeting only operations near schools and parks or otherwise in violation of the state's laws.The U.S. attorney for Northern California, Melinda Haag, said she now found "the need to consider actions regarding marijuana superstores such as Harborside" because they presented unique opportunities for abuse.Harborside was co-founded by outspoken marijuana activist Steve DeAngelo in 2006 and was the subject of a reality show, "Weed Wars," on the Discovery Channel last year. While other dispensary operators have sought a low profile since California's four U.S. attorneys began cracking down on the industry in October, DeAngelo has consistently railed against the federal intervention, advocated for better state regulations and become a leader in the movement."People are not going to stop using cannabis, they're just going to buy it in the illegal marketplace … on the streets," he said Wednesday in an interview. "Why are federal prosecutors using their discretion to do something so profoundly destructive?"DeAngelo said that he would fight the Justice Department "openly and in public" and that he would resist any effort by his landlords to evict the dispensaries in response to the federal complaint — which targeted the property owners, not the tenants.While all marijuana use and sales are illegal under federal law, Atty. Gen. Eric H. Holder told the House Judiciary Committee last month that federal agents were targeting only those large-scale growers and dispensaries that have "come up with ways in which they are taking advantage of these state laws, and going beyond that which the states have authorized."In a statement released late Wednesday, Haag suggested "superstores such as Harborside" fit that bill."The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need."She noted that Harborside claims to have "over 108,000 customers."California's medical marijuana laws are nebulous in regard to how the drug is to be distributed and courts have yet to settle the matter. Still, marijuana activists often hail Harborside as a model of professionalism and compliance. Its main facility in Oakland is one of four independent enterprises permitted and strictly regulated by the city."If Harborside is not in compliance with state law, no one is," said DeAngelo, 54.The Oakland dispensary was awarded its permit in 2006 after the city put out a request for proposals. DeAngelo says it does about $22 million in annual sales, and the San Jose shop does about $8 million. Together they pay about $3 million in city and state sales taxes, and employ more than 100 people.The state Board of Equalization estimates it collects $58 million to $105 million in annual sales tax from dispensaries."If we continue to drive everything underground, we're going to create an unsafe environment for patients who need this product … and lose revenue," board member Betty Yee said.This week's move against Harborside further highlights the continuing conflict between local and federal officials over the drug."The city of Oakland has developed a system to assure such distribution occurs according to state law in a fair and orderly process," Nancy Nadel, member of the Oakland City Council and vice mayor of the city, said in a statement. "It is most unjust to our citizen patients and distributors who have followed local guidelines to be harassed and treated as criminals by federal officials."Medical marijuana advocates said the Obama administration has repeatedly reneged on its promises that it would not meddle with the state laws."This is the most obvious and significant step by the federal government in attacking completely law-abiding dispensaries," said Kris Hermes, spokesman for the advocacy group Americans for Safe Access. "It becomes more untenable for them to say they are just going after certain facilities and not just undermining the state's marijuana laws."Hermes said the Justice Department has sent more than 200 letters to dispensaries and their landlords, threatening to seize their property if the shops do not close. It has been an effective strategy. With the letters, raids by the Drug Enforcement Administration and IRS audits, the government has forced more than 400 to close in the state, Hermes said, including the nearby Berkeley Patients Group, which was also seen as a model in the industry and closely regulated by local officials.He knew only of half a dozen cases in which federal prosecutors actually filed an asset forfeiture complaint, as they did with Harborside.Already, Harborside was embroiled in a battle with the IRS, which was seeking $2.5 million in back taxes, using an obscure provision of the tax code to say dispensaries cannot deduct routine expenses such as rent and wages.Under Haag's supervision, agents and prosecutors have targeted a number of leaders in the medical pot movement. In October, DEA agents raided the Mendocino County marijuana farm of Matthew Cohen, who helped push for permitting and regulating cannabis cultivation in that county. And in April, they targeted a pot trade school and dispensary run by Richard Lee, who put the legalization measure Proposition 19 on the ballot in 2010.In her statement, Haag said: "The filing of the civil forfeiture complaints against the two Harborside properties is part of our measured effort to address the proliferation of illegal marijuana businesses in the Northern District of California."Source: Los Angeles Times (CA)Author: Joe Mozingo, Los Angeles TimesPublished: July 11, 2012Copyright: 2012 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/z6UDvzNECannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #10 posted by ekim on July 13, 2012 at 07:16:10 PT thank you hope looks like many reform groups are involved. [ Post Comment ] Comment #9 posted by Hope on July 12, 2012 at 13:55:06 PT ekim... it starts August 12. I can't find where. US/Mexico Drug War "Caravan of Peace" Gearing Up http://stopthedrugwar.org/chronicle/2012/jun/19/usmexico_drug_war_caravan_peace"On August 12, Mexicans will come to the US and cover a route of 25 cities in one month," Sicilia continued. "Our message is one of peace, and our journey will be peaceful with an open heart and the hope of speaking with each other. We believe the harm we live is linked to the failed policies we want to change." [ Post Comment ] Comment #8 posted by FoM on July 12, 2012 at 12:24:31 PT News Article From RawStory.com Pelosi: It Would Be ‘Really Important’ To Take on Medical Marijuana in Congress***By Kay SteigerWednesday, July 11, 2012House Minority Leader Nancy Pelosi reiterated her support for medical marijuana on Wednesday and indicated Democrats might be interested in taking changes to federal law after the election. “I’ve been very clear on the subject of medical marijuana over time, in committee and on the floor as leader,” Pelosi said told Raw Story at a round table of bloggers. “I think that it would be really important to do that,” Pelosi said. “It would be hard for anyone to agree with the fact that someone who has HIV/AIDS or has cancer and they find relief from pain in medicinal marijuana that should be something that should be a priority to raid on the part of the Justice Department. Going along with that, we need to address some of the penalties for any non-violent crime that are out there.” Pelosi previously attacked the administration on medical marijuana raids in May, when she criticized the administration for carrying out raids on medical marijuana facilities. The Obama administration has carried out more raids than the George W. Bush administration. Her statement at that time said, “I have long supported efforts in Congress to advocate federal policies that recognize the scientific research and clinical research demonstrating the medical benefits of medicinal marijuana, that respects the wishes of the states in providing relief to ill individuals, and that prevents the federal government from acting to harm the safe access to medicinal marijuana provided under state law.” Her fellow congressmen from California, Rep. Sam Farr (D), said to Raw Story, “Medical marijuana is one of those issues where if you get enough states, where when you get enough, then you get it. California had already started that process because of cost concerns. That didn’t cause any scandals or upheavals.” Farr has introduced several bills in support of medical marijuana, the most recent of which would have banned the federal government from spending money on raids of state-sanctioned medical marijuana facilities. The House passed the bill on May 10, but it awaits action from the Senate. “What you see is incremental changes on medical marijuana. Congress will not lead but follow what seems to be a trend in America,” Farr said. Rep. Earl Blumenauer (D-OR) told Raw Story, “I think our marijuana policy in this country is absolutely nuts.” He predicted that within 10 years, the country would move on medical marijuana policy nationwide. And an increasing number of Americans agree with Blumenauer. A recent poll showed 74 percent of Americans agree that the federal government shouldn’t interfere with states’ laws on medical marijuana. A Gallup poll from last year also showed that 50 percent of Americans now support full legalization of marijuana. URL: http://www.rawstory.com/rs/2012/07/11/pelosi-it-would-be-really-important-to-take-on-medical-marijuana-in-congress/ [ Post Comment ] Comment #7 posted by ekim on July 12, 2012 at 10:31:57 PT any 1 hear any more info on the peace caravan http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/u.s.-supports-mexican-activists-peace-caravan/16436/ [ Post Comment ] Comment #6 posted by Rainbow on July 12, 2012 at 10:17:46 PT DEA head Please call leonhart and leave a message about her evil ways.202-307-8000It is gratifying to do even though she is so hard headed nothing will happen [ Post Comment ] Comment #5 posted by afterburner on July 12, 2012 at 08:42:23 PT Too Big? "The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need."What about the too big to fail mainstream industries?Banks: "The larger the operation, the greater the likelihood that there will be abuse of the federal and state laws and regulations, and money in the hands of individuals who do not have a demonstrated financial ethics."Pharmaceutical companies and pharmacies: "The larger the operation, the greater the likelihood that there will be abuse of the federal and state laws and regulations, and pills in the hands of individuals who do not have a demonstrated medical need."Oil, natural gas & coal companies: "The larger the operation, the greater the likelihood that there will be abuse of the federal and state laws and regulations, and energy and waste in the hands of individuals who do not have demonstrated environmental ethics."Nuclear power industry & reactors: "The larger the operation, the greater the likelihood that there will be abuse of the federal and state laws and regulations, and radioactive material and waste in the hands of individuals who do not have a demonstrated environmental and strategic safety commitment."Weapons: "The larger the operation, the greater the likelihood that there will be abuse of the federal and state laws and regulations, and guns in the hands of individuals who do not have a demonstrated protection or hunting need." [ Post Comment ] Comment #4 posted by museman on July 12, 2012 at 08:37:51 PT And you know the darkest hour.. -is before the dawn. Long Time Comin -CSN [ Post Comment ] Comment #3 posted by afterburner on July 12, 2012 at 07:52:58 PT Bob Marley & the Wailers -- Rat Race Bob Marley & the Wailers -- Rat Race http://www.youtube.com/watch?v=fCha27G3WnU&feature=fvwrel"It's a disgrace"To see the human race"In a rat race" [ Post Comment ] Comment #2 posted by sammyd on July 12, 2012 at 07:21:51 PT: It blows their minds I hear you on that one, Hemp World. It blows people's minds that there is a plant that heals better than drugs, so they have to call it a drug. People like Haag aren't willing to read or do thinking of their own. They are only doing stuff like this because they think it makes them look good. However, who do you want look better to? The masses or some rich fat cats in congress? I would choose the masses, but that's just me.If we are going to call marijuana a drug, we need to call every plant a drug as well. So, I'm going to go and grab my drug bowl, make a nice Greek drug, and pour drug dressing all over it. Mmmmmmm. [ Post Comment ] Comment #1 posted by HempWorld on July 12, 2012 at 05:51:20 PT A Total Sell-Out By Our Politicians... "This week's move against Harborside further highlights the continuing conflict between local and federal officials over the drug."Oh God, please! It's not a drug!Ok, so we are almost 20 years into this and patients and dispensaries are caught in the crossfire between fed and state law because politicians are too chickenshit to deal with it!DEAL WITH IT! NOW! [ Post Comment ] Post Comment