Conflicting State and Federal Laws have put users of Medical Marijuana at legal risk and Landlords of clinics in threat of property seizure...
West Hollywood landlords, renting to Marijuana sellers, received notification in recent weeks from the Federal Drug Enforcement Agency informing them they could lose their property or face twenty years in prison, or both, if they continue to lease to the providers.
The communications stated in part,
"...this letter shall serve as notice that there is a dispensary on your property and you have now been made aware of it. You are advised that further violations of Federal Law will result in prosecution, imprisonment, fines, and forfeiture of assets (property seizure)."
One dispensary operator confirmed his landlord asked him to shut his operation down; reports from various media sources around the country note that managers from at least five collectives will close up shop because of Landlords' fears of DEA-threatened actions.
This extraordinary move by the DEA comes on the heels of years of failed efforts to combat the use of what they deem an "illegal substance" through standard arrests and raids.
In recent days, the top-drug-enforcement agency in the U.S. determined that hitting the dispensaries at the source and seizing the buildings where the activities occurred - was the best, most-winning strategy.
In view of this, some medical marijuana patients - who are legally entitled to use the illegal substance for medicinal purposes - fear they will have to resort to purchasing marijuana on the streets, where the quality is not guaranteed. And, also run the risk of arrest by undercover drug agents.
The focus heightened in West Hollywood, affectionately known to all the locals as Boys Town, when two owner-operators of medi-mari dispensaries were indicted on July 18th, 2007, by the DEA and the U.S. Attorney's office.
The Government's argument?
According to Timothy L. Landrum, Special Agent in charge of the DEA in Los Angeles,
"...these dispensary operators are no different than any other drug trafficker; they prey on people in our communities to make a profit. The DEA and our Law Enforcement counterparts will not turn a blind eye to flagrant disregard of our Nation's essential drug Laws".
However, the fact remains: there is a definite conflict between State & Federal laws which needs addressing.
For example, while it is illegal to possess, sell, or distribute Marijuana in the United States on a Federal level, in California a resident is legally entitled to use the substance for medicinal purposes.
In view of this, shouldn't licensed distributors, working within the confines of the laws of the State of California, be entitled to continue providing?
Although the Los Angeles City Council met with West Hollywood Officials in a sincere, good-faith effort to put a "hold" on the arrests until the issues could be resolved, local law enforcement stressed they would not bow down to the local or State Government, but continue in their raids pursuant to the mandates of the Federal Government.
In sum, this issue underscores just how convoluted and nonsensical the Justice system is in this country today.
Yeah, Reefer madness!
