UPDATE:
“…or other area or premises that is accessible to the public, or within any private dwelling that is accessible to the public…” (PDF here)
Is your center accessible to the public? No
Is your center within a private dwelling? No
Colorado Revised Statues: Title 18 Professions and Occupations Article 18 Uniform Controlled Substances Act of 1992
18-18-407. Special offender (II)(B)(2)(a) states the following:
(2) (a) A defendant shall be a special offender if the defendant is convicted of selling, distributing, possessing with intent to distribute, manufacturing, or attempting to manufacture any controlled substance in violation of section 18-18-405 either within or upon the grounds of any public or private elementary, middle, junior high, or high school, vocational school, or public housing development, or within one thousand feet of the perimeter of any such school or public housing development grounds on any street, alley, parkway, sidewalk, public park, playground, or other area or premises that is accessible to the public, or within any private dwelling that is accessible to the public for the purpose of the sale, distribution, use, exchange, manufacture, or attempted manufacture of controlled substances in violation of this article, or in any school bus as defined in section 42-1-102 (88), C.R.S., while such school bus is engaged in the transportation of persons who are students at any public or private elementary, middle, junior high, or high school. The court is required in addition to imposing the sentence to imprisonment in the department of corrections required by subsection (1) of this section, to fine the defendant without suspension at least twice the minimum fine provided for in section 18-1.3-401 (1)
Hello fellow pioneer,
By now you know about the feds cracking down on centers within 1000’ of schools.
ACT4CO is getting into this fight on behalf of our patients and our members. Whether or not you are directly affected, this impacts are whole industry. Just because you have not received a letter does not mean you are home free.
The federal district attorney’s office has said that this is only the first wave, so don’t look at it as competition being eliminated….you may be next. The reason I say this is that in addtion to schools, in California, the feds have identified parks and public pools as other zones with 1,000’ restrictions. Here is a direct quote from section 860 of the U.S. code:
“distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility.”
So, as you might imagine, the feds are likely to try and chew us up in small bites. 23 centers doesn’t sound like a lot to the general public, and if they do this over and over again, they will reduce our numbers over time to the point where they can go after everyone at once. They can’t do it very well at the moment because of our large numbers.
This is a beachead. If we don’t put up a fight for “the targeted 23” here, then they will push forward with another round, and another until they whittle us down to nothing. I am reminded of the famous quote from Martin Niemoller about the Nazis:
First they came for the communists, and
I didn’t speak out because I wasn’t a communist.
Then they came for the trade unionists, and
I didn’t speak out because I wasn’t a trade unionist.
Then they came for the Jews, and
I didn’t speak out because I wasn’t a Jew.
Then they came for the Catholics, and
I didn’t speak out because I was a Protestant.
Then they came for me, and
there was no one left to speak out for me.
ACT4CO is participating with other local, state and national industry organizations such as CBA, Colorado Springs Medical Cannabis Council, MMBA, Vicente Consulting, MMIG, NCIA,DPA, MPP, SSDP, and various MMJ lawyers to respond to this threat to our patients and businesses. It is our contention that this unilateral move on the part of John Walsh is not in conformance with the policy Attorney General Holder stated in last month’s congressional testimony. We will be working on three fronts, legal, political, and public relations. You will see a joint press release coming out soon.
We urge you to come to the MMBA meeting on 1/19 at Casselmans to learn more about this threat and potential responses in the legal, political and public relations arenas.
If you or a center you know has received a letter, please have them contact Josh Kappel at josh@vicenteconsulting.com . They (Vicente Consulting) is taking the lead on pulling people together to fight this. They need to see as many of the letters as possible so they can figure out what (if any) differences there may be between the letters and to see what the commonalities are. This is needed to try to divine the direction of the federal district attorney and develop a response.
Nicholas King, President
These medical marijuana centers are operating in full compliance with state and local laws and ordinances. Since 2009, the Obama administration has said repeatedly, and as recently as December 2011 during testimony by Attorney General Eric Holder before the U.S. House Judiciary Committee, that it would not use its limited resources to go after individuals acting in compliance with state law. (Read More)
Rep. Wes McKinley, D-Walsh, has introduced a bill to study using the growing of industrial hemp to clean polluted soil, a process known as phytoremediation. McKinley said there is some evidence that hemp plants can suck toxic substances out of the ground.
Sorry, this was done in haste, I will re-format in a little while. Please read the letters, they are about the threats from the Feds.
A while ago, I had rented a vacation rental cabin in the mountains of Colorado. One of the first things the owner told me was that there were security cameras all around the outside of the cabin. He assured me that this was for everyoneʼs safety as any crimes would be caught on video. I went about my time at the cabin without ever paying attention to the cameras. I couldnʼt even tell you where they were.
PATIENTS, below is an email to send to your U.S. Senator or Congressperson.
January 23, 2012
[Insert appropriate Congressperson’s name and address]
Dear
I have been diagnosed with [state your condition] and am a Colorado medical cannabis patient. [describe how cannabis helps your condition] I am writing because of concern over the recent actions of U.S. Attorney John Walsh’s decision to force the closure of Medical Marijuana Centers in Colorado.
The voters of Colorado adopted a constitutional amendment to authorize the use of marijuana by adults for medicinal purposes. Our Genral Assembly has subsquently adopted the Colorado Medical Marijuana Code and established the Medical Marijuana Enforcement Division to supervise the production and distribution of cannabis. Under Colorado law, local governments have the authority to allow or ban medical marijuana centers and enact by ordinance zoning restrictions that meet the standards of their community.
The Department of Justice has indicated that using limited resources to prosecute indiviuals in compliance with State law would not be an enforcement priority. This message was re-affirmed by Attorney General Holder at the House Judiciary Committee’s Oversight Hearing on the United States Department of Justice on December 8, 2011. It would appear that the actions of Mr. Walsh to use his limited resources to intervene in local zoning is at best misguided and at worst in direct contradiction to the stated policy of the Department of Justice.
I am deeply concerned that the actions of the U.S. Attorney to shut down tightly regulated businesses will only increase the demand for marijuana from unegulated sources and empower street dealers who will target vunerable populations.
I am as concerned about children getting access to illicit drugs as Mr. Walsh and I’m sure you share this concern. The regulated and secure model of Medical Marijuana Centers is the best firewall against marijuana coming into the hands of minors.
I urge you to ask Mr. Walsh to act consistently with Mr. Holder’s statement to Congress and our shared commitment to keeping children safe and reducing crime. Colorado’s regulatory model has accomplished the goals of providing patient access while also creating jobs and revenues that our state has used to fund drug treatment programs. The goal of protecting children is best achieved by asking the Departement of Justice to continue the commitment it has made to honor the laws adopted by the people of the State of Colorado. After all, it is our local communitties that can best protect our schools from illicit drugs.
Sincerely yours,
______________________________
Here is an alternative last paragraph if you do not want to sign your name:
Regrettably, I choose not to sign this letter out of fear of reprisal from the federal government. It is a sad day for our republic when Colorado citizens following Colorado law cannot exercise their right to openly seek redress of grievences from the U.S. government.
POSTED BY NICK | JANUARY 23, 2012, 9:21 PM
CANNABIS INDUSTRY EMPLOYEES, here is an email to send to your U.S. senators & congressperson on 1/25
January 23, 2012
[Insert appropriate Congressperson’s name and address]
Dear
I work in Colorado’s medical marijuana industry as [state your job] . I am writing because of concern over the recent actions of U.S. Attorney John Walsh’s decision to force the closure of Medical Marijuana Centers in Colorado. I fear that it is merely the first step in trying to eliminate the industry I’m working in.
Mr. Walsh’s actions and apparent intention puts at risk 800 local business and 8,000 to 10,000 Colorado jobs, and costing local governments millions in lost revenue. An industry survey revealed that over $400,000,000 has been contributed to Colorado’s economy by the medical marijuana industry and millions in state and local tax revenue.
In a time when jobs are scarce and over 15% of the workforce is out of work, the center I work for enables me to make a living wage and provide for myself and my family. It is grossly unfair to single out the medical cannabis industry over unsupported fears of diverting cannabis to our youth.
Colorado’s MMCs operate within the rules established by the state and are not a threat to children in the neighborhood. Children are not allowed in dispensaries and I have never seen any children hanging around the center. Under Colorado law, communities have the option to ban these businesses, but many communities have approved this business and issued them licenses to operate. If any business or person is ever caught selling marijuana to children, they will be criminally prosecuted by our local and state regulatory authorities in conjunction with the local District Attorney.
I am deeply concerned that the actions of the U.S. Attorney to shut down tightly regulated businesses will only increase the demand for marijuana from unegulated sources and empower street dealers who will target vunerable populations.
I am as concerned about children getting access to illicit drugs as Mr. Walsh and I’m sure you share this concern. The regulated and secure model of Medical Marijuana Centers is the best firewall against marijuana coming into the hands of minors..
In December, the U.S. Attorney General, Eric Holder, said about medical marijuana that “people acting in conformity with the (state) law would not be an enforcement priority for the Justice Department.” Mr. Walsh’s actions are in direct contradiction of the U.S. Attorney’s position.
I urge you to ask Mr. Walsh to act consistently with Mr. Holder’s statement to Congress and our shared commitment to keeping children safe and reducing crime. Colorado’s regulatory model has accomplished the goals of providing patient access while also creating jobs and revenues that our state has used to fund drug treatment programs. This will allow me to work and be a productive member of society.
Sincerely yours,
______________________________
Here is an alternative last paragraph if you do not want to sign your name:
Regrettably, I choose not to sign this letter out of fear of reprisal from the federal government. It is a sad day for our republic when Colorado citizens following Colorado law cannot exercise their right to openly seek redress of grievences from the U.S. government.
POSTED BY NICK | JANUARY 23, 2012, 9:25 PM
MMC/MIP OWNERS, here is an email written from the owner point of view to send to your U.S. Senators & Congressperson:
January 23, 2012
[Insert appropriate representative’s name and address]
Dear
I am writing out of concern over the recent decision by Mr. John Walsh, the U.S. Attorney for Colorado, to target Colorado’s medical marijuana industry. I request that you ask Mr. Walsh to stop shutting down licensed Colorado businesses. Mr. Walsh’s actions are in direct contravention of President Obama’s campaign promises and Attorney General Eric Holder’s sworn statement to Congress on December 9, 2011 that “people acting in conformity with the (state) law would not be an enforcement priority for the Justice Department.”
Mr. Walsh is inappropriately applying a law (Title 21, US Code, Section 856(a)) which was designed to punish illegal street dealers operating near school. He is misusing this law to shut down lawful businesses that are operating with approval from the State of Colorado and their local communities. Medical Marijuana Centers are not public places. They only serve sick, adult patients who have been certified as such by their doctor in a bona fide doctor patient relationship. Mr. Walsh’s actions are drastically hurting the sickest and most vulnerable members of our community because these patients will no longer be able to obtain the medicine they need.
In addition, Mr. Walsh’s actions puts at risk 700 local business and 8,000 to 10,000 Colorado jobs, and will cost local governments millions in lost revenue. An industry survey revealed that over $400,000,000 has been contributed to Colorado’s economy by the medical marijuana industry and millions in state and local tax revenue.
Colorado has implemented a stringent, tightly regulated medical marijuana program to implement the will of the people as expressed in amendment 20, Colorado’s medical marijuana constitutional amendment. Our tightly regulated state licensing program – which passed with bipartisan support in our state legislature — permits local governments to decide where medical marijuana centers can be located including banning them altogether. Colorado is pioneering the development of a safe regulatory process for the production, distribution and sale of medicinal cannabis.
I am as concerned about children getting access to illicit drugs as Mr. Walsh and I’m sure you share this concern. The regulated and secure model of Medical Marijuana Centers is the best firewall against marijuana coming into the hands of minors.
A recent study of over 32,000 students presented to the American Public Health Association in 2011 found that “while marijuana use was common throughout the study period, there were no statistically significant differences in marijuana use [among youth] between states in any year.” Indeed, a recent report from Colorado Springs showed that school officials did not see any increase in cannabis consumption among students despite the presence of nearby medical marijuana centers. It is the illegal street dealers, not medical marijuana centers that we need to keep our children away from. These street dealers are the ones who lure children into using dangerous drugs. Medical marijuana business owners have invested hundreds of thousands of dollars to build facilities and comply with state regulations and would not jeopardize that investment for a quick sale to a child.
If DEMOCRAT
Medical marijuana has widespread support across the country, with polls showing support as high as 80%. President Obama promised not to interfere with our state’s medical marijuana laws. If the president doesn’t hold true to his campaign promise, he is going have a hard time activating his base here in Colorado this time around. Colorado’s medical cannabis program is saving tax dollars spent on a failed cannabis prohibition program and generating new taxes that are being used to educate Colorado’s children and provide for the general welfare of its citizens.
———————————–
If REPUBLICAN, use this instead. This might also be used with democrats.
Colorado is saving the tax money spent on a failed cannabis prohibition program and is generating millions in new taxes that are being used to educate Colorado’s children and provide for the general welfare of its citizens. Like other herbal medicines, medicinal cannabis is a substance that can and should be regulated by Colorado under the 10th amendment. This ensures that local communities and states have the opportunity to decide for themselves how they want to regulate the product rather than being dictated to by the federal government.
__________________________________________________________________________
I respectfully request that you ask Mr. Walsh to stop this unwarranted attack on the right of Colorado to effectively regulate an industry operating wholly within the state of Colorado. Please protect our community from the overreach of the U.S. Attorney’s office.
Sincerely yours,
_______________________
FOR THOSE WHO DO NOT WANT TO SIGN A LETTER, consider this as your closing paragraph:
Regrettably, I choose not to sign this letter out of fear of reprisal from the federal government. It is a sad day for our republic when Colorado citizens following Colorado law cannot exercise their right to openly seek redress of grievances from the U.S. Government.
POSTED BY NICK | JANUARY 23, 2012, 9:28 PM
SUPPORTING BUSINESSES can use this letter to email to their U.S. Senators & Congressperson:
January 23, 2012
[Insert appropriate representative’s name and address]
Dear
I am writing because of concern over the recent actions of U.S. Attorney John Walsh’s decision to force the closure of many Medical Marijuana Centers in Colorado. Mr. Walsh’s actions are in direct contravention of President Obama’s campaign promises and Attorney General Eric Holder’s sworn statement to Congress on December 9, 2011 that “people acting in conformity with the (state) law would not be an enforcement priority for the Justice Department.”
Mr. Walsh is inappropriately applying a law (Title 21, US Code, Section 856(a)) which was designed to punish illegal street dealers operating near school. He is misusing this law to shut down lawful businesses that are operating with approval from the State of Colorado and their local communities. Medical Marijuana Centers are not public places. They only serve sick, adult patients who have been certified as such by their doctor in a bona fide doctor patient relationship. Mr. Walsh’s actions are hurting sick and vulnerable members of our community because these patients will no longer be able to obtain the medicine they need.
In addition, Mr. Walsh’s actions puts at risk 800 local business and 8,000 to 10,000 Colorado jobs, and costing local governments millions in lost revenue. An industry survey revealed that over $400,000,000 has been contributed to Colorado’s economy by the medical marijuana industry and millions in state and local tax revenue. My business is one of those that has benefited from the investments the cannabis industry has made in Colorado. [share something of the positive impact the MMJ industry has had on your business, ability to stay in business, jobs you have/keep, etc]
I am deeply concerned that the actions of the U.S. Attorney to shut down tightly regulated businesses will only increase the demand for marijuana from unegulated sources and empower street dealers who will target vunerable populations.
I am as concerned about children getting access to illicit drugs as Mr. Walsh and I’m sure you share this concern. The regulated and secure model of Medical Marijuana Centers is the best firewall against marijuana coming into the hands of minors.
A recent study of over 32,000 students presented to the American Public Health Association in 2011 found that “while marijuana use was common throughout the study period, there were no statistically significant differences in marijuana use [among youth] between states in any year.” Indeed, a recent report from Colorado Springs showed that school officials did not see any increase in cannabis consumption among students despite the presence of nearby medical marijuana centers. It is the illegal street dealers, not medical marijuana centers that we need to keep our children away from. These street dealers are the ones who lure children into using dangerous drugs. Medical marijuana business owners have invested hundreds of thousands of dollars to build facilities and comply with state regulations and would not jeopardize that investment for a quick sale to a child.
If DEMOCRAT
Medical marijuana has widespread support across the country, with polls showing support as high as 80%. President Obama promised not to interfere with our state’s medical marijuana laws. If the president doesn’t hold true to his campaign promise, he is going have a hard time activating his base here in Colorado this time around. Colorado’s medical cannabis program is saving tax dollars spent on a failed cannabis prohibition program and generating new taxes that are being used to educate Colorado’s children and provide for the general welfare of its citizens.
———————————–
If REPUBLICAN, use this instead. This might also be used with democrats.
Colorado is saving the tax money spent on a failed cannabis prohibition program and is generating millions in new taxes that are being used to educate Colorado’s children and provide for the general welfare of its citizens. Like other herbal medicines, medicinal cannabis is a substance that can and should be regulated by Colorado under the 10th amendment. This ensures that local communities and states have the opportunity to decide for themselves how they want to regulate the product rather than being dictated to by the federal government.
__________________________________________________________________________
I respectfully request that you ask Mr. Walsh to stop this unwarranted attack on the right of Colorado to effectively regulate an industry operating wholly within the state of Colorado. Please protect our community from the overreach of the U.S. Attorney’s office.
Sincerely yours,
_______________________
FOR THOSE WHO DO NOT WANT TO SIGN A LETTER, consider this as your closing paragraph:
Regrettably, I choose not to sign this letter out of fear of reprisal from the federal government. It is a sad day for our republic when Colorado citizens following Colorado law cannot exercise their right to openly seek redress of grievances from the U.S. Government.