Colorado Pot Shops Worry About Potential Raid

The Federal government is going after some medical marijuana shops in California.

Advocates claim the government told dispensaries in California to shut down within 45 days or face criminal charges and confiscation of their stock.

In an escalation of the ongoing conflict between the U.S. government and the nation’s burgeoning medical marijuana industry, at least 16 pot shops or their landlords received letters this week stating they are violating federal drug laws, even though medical marijuana is legal in California

?What is the federal government think they?re doing,? said Mark Slaugh with Colorado Springs Medical Cannabis Council. He is baffled by the federal government?s action against California dispensaries.

He told KRDO NEWSCHANNEL 13 that MMJ shops in Colorado are in a wait and see mode for the Friday announcement of four U.S. attorneys who plan to talk about a broader coordinated crackdown.

Slaugh said if Colorado is part of the crackdown it could be a violation of states? rights.

?When the state government, especially here in Colorado, have established a constitutional rights for patients and a method by which those patients can get safe access it absolutely is a states? rights issue,?said Slaugh.

He feels the latest government action is a threat to an industry that created jobs, tax revenue and a safe method of providing patients with medical marijuana.

?We comply with laws and the feds shouldn?t come after them,? said Slaugh.

He added, unlike California, Colorado shop owners have been very transparent and under full regulation by the state.

?We have a way to be able to do a full background check on shop owners through FBI fingerprint check and background checks in a state and local level,? Slaugh said.

He also said unlike California, MMJ users in Colorado must be licenses.

TARGET 13 Investigates contacted Jeff Dorschner, spokesman for the U.S. Attorney?s Office in Colorado., he didn?t return calls Thursday afternoon.

Prosecutor in California sent letters to at least 12 San Diego dispensaries. Those letters state that federal law “takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana.”

“Under United States law, a dispensary’s operations involving sales and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions,” according to the letters signed by U.S. Attorney Laura Duffy in San Diego. “Real and personal property involved in such operations are subject to seizure by and forfeiture to the United States … regardless of the purported purpose of the dispensary.”

The move comes a little more than two months after the Obama administration toughened its stand on medical marijuana. For two years before that, federal officials had indicated they would not move aggressively against dispensaries in compliance with laws in the 16 states where pot is legal for people with doctors’ recommendations.

The Department of Justice issued a policy memo to federal prosecutors in late June stating that marijuana dispensaries and licensed growers in states with medical marijuana laws could face prosecution for violating federal drug and money-laundering laws. The effort to shutter California dispensaries appeared to be the most far-reaching effort so far to put that guidance into action.