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Marijuana dispensaries face shutdown by feds

12 January 2012 12 Comments
Indispensary

Indispensary in Colorado Springs, which is located about a block from Palmer High School, may be one of 25 medical marijuana dispensaries targeted by federal authorities for closure.


By Katie Kerwin McCrimmon of Solutions and
Rebecca Jones of Education News Colorado

The federal government is cracking down on medical marijuana dispensaries in Colorado for the first time, today ordering 23 dispensaries near schools to shut down within 45 days or face criminal prosecution and seizure of their property.U.S. Attorney John Walsh sent warning letters to the unidentified dispensaries and said in a news release that many are closer than 1,000 feet to K-12 campuses.

U.S. Attorney's letter to dispensaries

A letter, with redactions, sent by U.S. Attorney John Walsh to 23 marijuana stores in Colorado.

“When the voters of Colorado passed the limited medical marijuana amendment in 2000, they could not have anticipated that their vote would be used to justify large marijuana stores located within blocks of our schools,” Walsh said.
Federal authorities are working to identify all marijuana stores within 1,000 feet of a school, he said, and today’s warnings “are merely a first step to address this issue.”
“The office will continue to insist marijuana stores near schools shut down,” he said.
Walsh cited data showing many school districts in Colorado “have seen a dramatic increase in student abuse of marijuana, with resulting student suspensions and discipline” since medical marijuana facilities opened.
An ongoing joint investigation by Education News Colorado, Solutions and the I-News Network found a 44 percent jump in all drug-related incidents at K-12 schools statewide over the past four years. That increase occurred from the 2008-09 school year through 2010-11.
The figures from the Colorado Department of Education don’t specify the drugs involved, but several school and health officials interviewed across Colorado attributed the increase to marijuana use.

“We’ve really seen our numbers go up,” said Judy Mueller with YouthZone, a Glenwood Springs non-profit that works to keep young offenders out of juvenile court. “It is medical marijuana that their friends or friends’ parents got. They’re telling us it’s easy to get. They’re getting it from an adult’s stash.”
The investigation also found that other dispensaries could be targeted under the crackdown. As many as 56 medical marijuana facilities in Colorado are located within 1,000 feet of a school, according to an I-News analysis of school addresses and licenses issued to more than 700 medical marijuana facilities statewide.
Today’s action sets up a potential showdown between federal and local authorities, though legal experts agree that federal law – which clearly states marijuana is illegal – trumps local law.
Federal law also imposes enhanced penalties for any drug use within 1,000 feet of a school.
State law recommends a 1,000-foot buffer between medical marijuana facilities and schools, drug rehabilitation centers and child care centers. But the law allowed local authorities to set their own rules.
So Colorado Springs, for example, allows marijuana facilities within 400 feet of schools while Denver has several closer than 1,000 feet. Those facilities have been allowed to continue operating because they opened before the state law was enacted.
Among other findings of the joint investigation:

  • Up to 45 public schools are within 1,000 feet of a medical marijuana facility. The range — depending on how you measure the distance — is from 31 to 45. Because there are multiple medical marijuana facilities near some schools, the total number of medical marijuana facilities within 1,000 feet of Colorado schools is up to 56.
  • Most of the schools closest to dispensaries are in Denver and Colorado Springs. For example, North High School in Denver and Palmer High School in Colorado Springs have marijuana facilities within 1,000 feet.
  • Overall, 370 of the 1,692 public school buildings in Colorado lie within a mile of a medical marijuana dispensary or product infusion manufacturer. That’s 22 percent – or between one-fourth and one-fifth of all schools.
    Rumored for weeks, the Colorado crackdown follows similar federal action in California.
    Colorado medical marijuana industry officials had hoped that they would dodge federal enforcement because they say the state tightly regulates the marijuana industry.
    Mike Elliott, executive director of the Medical Marijuana Industry Group, which describes itself as the largest and most influential group in the state, said people in the industry support regulation.
    “We are looking into the situation now. We fully support keeping regulated substances out of the hands of unauthorized users and schools,” Elliott said in a written statement.
    “Towards that end, MMIG is in the process of putting together, and will announce soon, the details of a public education campaign to help educate medical marijuana patients about how to keep their medicine safe and secure.”
    School officials welcomed the news of a crackdown.

    About the data:
    The analysis compared the locations of public schools in Colorado compiled by the state Department of Education to the addresses of medical marijuana dispensaries and infused product manufacturers from the Colorado Department of Revenue using ARCview GIS software and its geocoding technology. Not all marijuana facilities could be mapped because of problems with the addresses. Duplicate schools at the same physical address were not counted twice and online schools were not included in the analysis. Using the GIS software, the analysis electronically calculated the distances between schools and marijuana addresses.

    It calculated a range of schools that could be within a 1,000 feet of a medical marijuana facility since the software calculates distances between addresses and the state law measures from property line to property line.

    “We are supportive of the law as written and are glad to see the U.S. Attorney enforcing the buffer zone,” said Antonio Esquibel, executive director of the West Denver Network Schools, including North High School.
    U.S. Rep. Jared Polis, D-Boulder, has tried to pin down the U.S. Attorney General regarding federal enforcement of medical marijuana businesses that comply with state law.
    Polis released a statement today saying that he supports keeping dispensaries at least 1,000 feet away from schools.
     
    “Both federal and Colorado law state that dispensaries are not allowed within 1,000 feet of schools, which is a policy that makes sense, that I support, and with which all businesses should comply,” Polis said. “The Justice Department has repeatedly made clear that dispensaries that are in compliance with state law are not an enforcement priority. Colorado’s tough system of medical marijuana regulation is the best way to keep drugs out of the hands of minors.”

    National and local studies in Colorado show that marijuana use among minors is on the rise.

    Dr. Chris Thurstone, who runs a drug and alcohol treatment program at Denver Health, said nearly all of the young people in his program are addicted to marijuana. He walked around East and North high schools in Denver and was shocked at the number of dispensaries located near the schools.

    Thurstone can’t prove the proximity of dispensaries has caused the spike in marijuana abuse among his patients, he said, but he cited research showing teen marijuana use rises when it’s easily available, socially acceptable and perceived not to be harmful.

    “There’s been lots of debate about how close to a school it should be,” Thurstone said. “Should it be 500 feet, 1,000 feet? Should we grandfather in the people who are already there? It kind of blows my mind that that’s a debate.”


    Audio of Christian Thurstone, Medical Director of the Substance Abuse Treatment, Education and Prevention Program at Denver Health and Hospital Authority, discusses his views about medical marijuana dispensaries near schools. (1 min., 26 seconds)

    Download the AIFF file: (Control or option click to save the file) Christian Thurstone [15.7 megabytes]
    Get the embed code here: Audio embed code


    PDF of the letter, with redactions, sent by U.S. Attorney John Walsh to 23 marijuana stores in Colorado. Download the PDF: (Control or option click to save the file) U.S. Attorney letter


    I-News Video Clip

    Direct download a 1440×1280 HD version of this video: Christian Thurstone video [29.8 megabytes]
    Direct link to this video on YouTube: http://youtu.be/TinfcF9c4Tg

  • http://www.facebook.com/people/Michael-Novak/100001747794774 Michael Novak

    you people do realize marijuana is not going away. take away the dispensaries people will just get it illegally including kids. so if you want your towns full of shady drug dealers fine with me. wont stop me from smoking

  • http://www.facebook.com/people/Chas-Holman/1333779011 Chas Holman

    And this the day after the DEA had to admit (much like the ATF with the guns to Mexico) that the last few years they have been flying in cocaine to be put on the street from Columbia, and that they have laundered millions of dollars in Mexico and they had to admit they have lost track of almost every penny… millions…. down iin Mexico.. just floating around.. cocaine on our streets so they can track usage… I mean they are supplying, running, selling and laundering and they obfuscate the fact by busting some penny ante medical cannabis operations so as to make the headlines and bury the fact that the DEA is MUCH MORE HARMFUL TO YOUR HEALTH than cannabis ever was. 

    I am so angry I could spit.. they have a blank check.. and then they grab the money from operations like this, run it down to Mexico and lose it.. over and over they lie, cheat, steal and kill over a silly silly grass that has never killed anyone on it’s own accord.. We have entrusted a very corrupt agency with far too much power and influence.. their obvious fetish lay down in Mexico and sick people and medical cannabis is just a incidental casualty in their war to keep well financed and everything running well and to keep themselves gainfully employed… I mean there is ZERO accounting and auditing on even the local level.. we just take law enforcements ‘word’ on the monies and properties they confiscate over weed.. I mean they admitted yesterday they have been laundering it down in Mexico (and repeatedly lost it)…Why is the media not focusing more on that as well I wonder.. it’s real.. some covered it slightly.. I would think it should be quite on display so we can see the real dangers of marijuana being illegal.

  • http://pulse.yahoo.com/_22ZMYQ2AB3DA4LZJIKCMHL7VHM Kevin Boule

    With Democrats like Obama, who needs Republicans?

  • Changesmade

    Our society is creating intergenerational drug users and attempting to justify usage.

  • itsgood2Bgood

    Marijuana is an addictive and dangerous drug that can harm the immune system and make sick people sicker. What took the feds so long to start enforcing federal law? The vast majority of Americans applaud all crackdowns that reduce the availability of this drug to our children.

  • http://pulse.yahoo.com/_NSTCRXOP4ODNSQPQHZTST4KGDM Impacts of Marijuana

    Like Colorado, Oregon has become a haven for illegal drug trafficking through Oregon’s Marijuana program.  Dr. Thurstone is correct there should not even be a debate about where marijuana distribution centers are located.  In 2001, the Supreme Court affirmed Congress’s 1970 judgment about marijuana in United States v. Oakland Cannabis Buyers’ Cooperative et al., 532 U.S. 438 (2001), which held that, given the absence of medical usefulness, medical necessity is not a defense to marijuana prosecution. Furthermore, in Gonzales v. Raich, 125 S.Ct. 2195 (2005), the Supreme Court reaffirmed that the authority of Congress to regulate the use of potentially harmful substances through the federal Controlled Substances Act includes the authority to regulate marijuana of a purely intrastate character, regardless of a state law purporting to authorize “medical” use of marijuana. http://www.usdoj.gov/
     
    Federally, marijuana is illegal.
     
    In 1998 many Oregon voters approved the Oregon Medical Marijuana Program through a state ballot initiative and believed, because of misleading campaign ads that it was for a small percentage of people who were sick and dying.  12 years later, as of April 1 2011, there were over 40,000 marijuana cardholders.  More than 35,793 (or 90%) of those cards had been issued for chronic pain.   
     
    It is important to note that doctors are not allowed to prescribe marijuana because it is not a Food and Drug Administration (FDA) approved medicine; they may only recommend it. Further data indicates in Oregon that it is not the mainstream of professional doctors that are recommending marijuana, but doctors whose only focus is marijuana and are involved in the marijuana movement. In Oregon one doctor has written 35% of the recommendations for cardholders, and 10 others have written 59%. 
     
    http://www.portlandtribune.com/news/print_story.php?story_id=127128421107102600
     
    As of October 1, 2011 there are an additional 15,000 cardholders, that is a 38% increase in just 6 months, making the total cardholders at 55,322 with over 92% of those cards issued for chronic pain (50,696). (www.oregon.gov)   
     
    Oregon’s marijuana program is being used to promote marijuana as medicine and is in direct conflict with federal laws which have never deemed smoked marijuana as medicine. 
     
    The impacts to Oregon communities have been overwhelming because of the misuse of the program. The law did not define any boundaries on where this marijuana could be grown, other than it cannot be visible to the public. Therefore, in communities across Oregon, innocent neighbors have cardholders, caregivers, and marijuana site growers who are growing a federally illegal drug in their backyards, homes, apartments, attics, closets, bedrooms, garages, basements, out buildings, and land lots all providing easy access for burglars, children, and animals.
     
    It is reasonable to question why, if marijuana advocates really believe that marijuana is an effective medicine do they not push for the valid research that follows the proper procedures to obtain FDA approval.  The answer is obvious as Dr. Robert Dupont noted, “there is only one reason the advocates for “medical marijuana” do not use this new openness of the FDA to fulfill their hopes, and that is the difficulty they face in proving that smoked marijuana is an effective and safe way to treat any illness.”

    http://www.ibhinc.org/pdfs/RLDMedMJTestimony031407.pdf
     
    Thank you Federal Government in Colorado for cracking down on these illegal marijuana distribution centers.

  • http://pulse.yahoo.com/_NSTCRXOP4ODNSQPQHZTST4KGDM Impacts of Marijuana

    Like Colorado, Oregon has become a haven for illegal drug trafficking through Oregon’s Marijuana program.  Dr. Thurstone is correct there should not even be a debate about where marijuana distribution centers are located.  In 2001, the Supreme Court affirmed Congress’s 1970 judgment about marijuana in United States v. Oakland Cannabis Buyers’ Cooperative et al., 532 U.S. 438 (2001), which held that, given the absence of medical usefulness, medical necessity is not a defense to marijuana prosecution. Furthermore, in Gonzales v. Raich, 125 S.Ct. 2195 (2005), the Supreme Court reaffirmed that the authority of Congress to regulate the use of potentially harmful substances through the federal Controlled Substances Act includes the authority to regulate marijuana of a purely intrastate character, regardless of a state law purporting to authorize “medical” use of marijuana. http://www.usdoj.gov/
     
    Federally, marijuana is illegal.
     
    In 1998 many Oregon voters approved the Oregon Medical Marijuana Program through a state ballot initiative and believed, because of misleading campaign ads that it was for a small percentage of people who were sick and dying.  12 years later, as of April 1 2011, there were over 40,000 marijuana cardholders.  More than 35,793 (or 90%) of those cards had been issued for chronic pain.   
     
    It is important to note that doctors are not allowed to prescribe marijuana because it is not a Food and Drug Administration (FDA) approved medicine; they may only recommend it. Further data indicates in Oregon that it is not the mainstream of professional doctors that are recommending marijuana, but doctors whose only focus is marijuana and are involved in the marijuana movement. In Oregon one doctor has written 35% of the recommendations for cardholders, and 10 others have written 59%. 
     
    http://www.portlandtribune.com/news/print_story.php?story_id=127128421107102600
     
    As of October 1, 2011 there are an additional 15,000 cardholders, that is a 38% increase in just 6 months, making the total cardholders at 55,322 with over 92% of those cards issued for chronic pain (50,696). (www.oregon.gov)   
     
    Oregon’s marijuana program is being used to promote marijuana as medicine and is in direct conflict with federal laws which have never deemed smoked marijuana as medicine. 
     
    The impacts to Oregon communities have been overwhelming because of the misuse of the program. The law did not define any boundaries on where this marijuana could be grown, other than it cannot be visible to the public. Therefore, in communities across Oregon, innocent neighbors have cardholders, caregivers, and marijuana site growers who are growing a federally illegal drug in their backyards, homes, apartments, attics, closets, bedrooms, garages, basements, out buildings, and land lots all providing easy access for burglars, children, and animals.
     
    It is reasonable to question why, if marijuana advocates really believe that marijuana is an effective medicine do they not push for the valid research that follows the proper procedures to obtain FDA approval.  The answer is obvious as Dr. Robert Dupont noted, “there is only one reason the advocates for “medical marijuana” do not use this new openness of the FDA to fulfill their hopes, and that is the difficulty they face in proving that smoked marijuana is an effective and safe way to treat any illness.”

    http://www.ibhinc.org/pdfs/RLDMedMJTestimony031407.pdf
     
    Thank you Federal Government in Colorado for cracking down on these illegal marijuana distribution centers.

  • http://pulse.yahoo.com/_NSTCRXOP4ODNSQPQHZTST4KGDM Impacts of Marijuana

    Like Colorado, Oregon has become a haven for illegal drug trafficking through Oregon’s Marijuana program.  Dr. Thurstone is correct there should not even be a debate about where marijuana distribution centers are located.  In 2001, the Supreme Court affirmed Congress’s 1970 judgment about marijuana in United States v. Oakland Cannabis Buyers’ Cooperative et al., 532 U.S. 438 (2001), which held that, given the absence of medical usefulness, medical necessity is not a defense to marijuana prosecution. Furthermore, in Gonzales v. Raich, 125 S.Ct. 2195 (2005), the Supreme Court reaffirmed that the authority of Congress to regulate the use of potentially harmful substances through the federal Controlled Substances Act includes the authority to regulate marijuana of a purely intrastate character, regardless of a state law purporting to authorize “medical” use of marijuana. http://www.usdoj.gov/
     
    Federally, marijuana is illegal.
     
    In 1998 many Oregon voters approved the Oregon Medical Marijuana Program through a state ballot initiative and believed, because of misleading campaign ads that it was for a small percentage of people who were sick and dying.  12 years later, as of April 1 2011, there were over 40,000 marijuana cardholders.  More than 35,793 (or 90%) of those cards had been issued for chronic pain.   
     
    It is important to note that doctors are not allowed to prescribe marijuana because it is not a Food and Drug Administration (FDA) approved medicine; they may only recommend it. Further data indicates in Oregon that it is not the mainstream of professional doctors that are recommending marijuana, but doctors whose only focus is marijuana and are involved in the marijuana movement. In Oregon one doctor has written 35% of the recommendations for cardholders, and 10 others have written 59%. 
     
    http://www.portlandtribune.com/news/print_story.php?story_id=127128421107102600
     
    As of October 1, 2011 there are an additional 15,000 cardholders, that is a 38% increase in just 6 months, making the total cardholders at 55,322 with over 92% of those cards issued for chronic pain (50,696). (www.oregon.gov)   
     
    Oregon’s marijuana program is being used to promote marijuana as medicine and is in direct conflict with federal laws which have never deemed smoked marijuana as medicine. 
     
    The impacts to Oregon communities have been overwhelming because of the misuse of the program. The law did not define any boundaries on where this marijuana could be grown, other than it cannot be visible to the public. Therefore, in communities across Oregon, innocent neighbors have cardholders, caregivers, and marijuana site growers who are growing a federally illegal drug in their backyards, homes, apartments, attics, closets, bedrooms, garages, basements, out buildings, and land lots all providing easy access for burglars, children, and animals.
     
    It is reasonable to question why, if marijuana advocates really believe that marijuana is an effective medicine do they not push for the valid research that follows the proper procedures to obtain FDA approval.  The answer is obvious as Dr. Robert Dupont noted, “there is only one reason the advocates for “medical marijuana” do not use this new openness of the FDA to fulfill their hopes, and that is the difficulty they face in proving that smoked marijuana is an effective and safe way to treat any illness.”

    http://www.ibhinc.org/pdfs/RLDMedMJTestimony031407.pdf
     
    Thank you Federal Government in Colorado for cracking down on these illegal marijuana distribution centers.

  • Cfay

    It is about time these deplorable establishments are shut down.  All of them in all states should be shut down immediately and any state that continues to allow them should lose all federal highway funds until they take action.  Selfish drug users have absolutely no right to put others at risk on our highways and in our workplaces.  Kudos to Dr. Thurstone for speaking out on this issue and showing concern for the safety and health of children!

  • PR

    Glad to see pot stores getting shut down. These places are horrible!!

  • wow

    marijuana is not evil; you people have no clue!!! these kids are getting in to their parents stashes and you want to close  businesses down because of it. Seems to me that maybe we should educate parents and kids, since no one seems to have a clue.

  • guest

    There is not one bit of scientific proof that show that marijuana is a “dangerous drug”. In fact, a major chemical compound is marijuana (CBD) is proven to reduce tumors, prevent cancer, strengthen the immune system, aid in digestion, as well as offer a safe, NON NARCOTIC method of pain relief. Your children are able to walk by liquor stores on their way to school, and watch their peers and family members consume this drug that offers NO medicinal purpose and IS dangerous and harmful. And that doesn’t concern you?