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Banks Willing to Work With Marijuana Business, But Waiting for Federal Clarification

October 30th

OLYMPIA, WA — Many banks in Washington State are willing to provide financial services to the state’s new recreational marijuana industry, but are unable to under current federal law. Reported this week in the Daily Herald: Marijuana businesses, even ones that will soon be legally licensed in this state, are considered criminal enterprises under federal […]

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SOURCE: Banks Willing to Work With Marijuana Business, But Waiting for Federal Clarification by

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Unsuspecting Teens Fighting Drug Charges After Buying Van with Cocaine at US Government Auction

August 9th

MEXICO CITY, MEXICO — A Mexican family says that a van bought at a U.S. government auction came with an unwanted extra: an undiscovered package of cocaine beneath the dashboard. Sergio Torres Duarte, 18, and his 19-year-old friend Julio Cesar Moreno were driving to a soccer match in November when they stopped at a routine […]

Read Unsuspecting Teens Fighting Drug Charges After Buying Van with Cocaine at US Government Auction in its entirety on The Daily Chronic.

Want to stay up to date on marijuana reform & cannabis news worldwide? Visit The Daily Chronic - The Voice of the Reform Generation, the most comprehensive coverage of the cannabis community!

SOURCE: Unsuspecting Teens Fighting Drug Charges After Buying Van with Cocaine at US Government Auction by

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Judge Rules Harborside Can Stay Open While City of Oakland Fights Feds

July 4th

SAN FRANCISCO, CA — A medical marijuana dispensary billed as the world’s largest cannabis store may stay open while the city of Oakland fights a U.S. government effort to shut it down or seize the property, a federal judge ruled on Wednesday in an ongoing tug-of-war in Caifornia between federal authorities and the medical marijuana industry.

In February, Magistrate Maria-Elena James, the same judge who issued the ruling on Wednesday, said the city had no right to intervene in a federal prosecutor’s civil-forfeiture action against the Harborside Health Center, which was previously featured on the Discovery Channel reality TV show “Weed Wars.”

The city appealed the ruling, and James’s latest order allows the dispensary to continue to sell medical marijuana to individuals carrying a doctor’s recommendation while the appeal is under review.

James called the question of Oakland’s legal standing in the case “a matter of significant public interest.”

Attorney Cedric Chao, who is representing . . . . . READ MORE

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City of Berkeley Fights Federal Action to Seize Medical Marijuana Dispensary

July 3rd

BERKELEY, CA – The City of Berkeley filed a claim Wednesday in the action brought by the federal government in May to seize the property used by Berkeley Patients Group at 2366 San Pablo Avenue in Berkeley, California.  Berkeley Patients Group has been providing medical marijuana to patients within the City since 1999.  It is in full compliance with the City of Berkeley’s medical marijuana ordinance, regulations, and zoning laws.

U.S. Attorney Melinda Haag of the Northern District of California has used federal asset forfeiture laws to target and close numerous medical marijuana dispensaries, even when those dispensaries have long track records of working with the cities in which they are located, responsibly providing medical marijuana to patients, and complying with state and local law.

The city’s claim was filed in U.S. District Court for the Northern District of California. In its claim, the City asserts that the closure of Berkeley Patients Group will harm the City through the loss of substantial revenue.  Berkeley Patients Group has paid hundreds of thousands of dollars to the City in taxes over the years.  The federal government’s action also undermines the City’s comprehensive plan to regulate and control medical marijuana, which was designed and implemented to positively impact the health and well-being of all Berkeley residents and to which the City has devoted a significant amount of time and resources.

The claim, filed on Ju. . . . . READ MORE

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City of Oakland Back in Court to Fight Closure of Harborside Medical Marijuana Dispensary

June 21st

SAN FRANCISCO — The City of Oakland’s fight against the federal government’s attempt to close the largest medical marijuana dispensary in the United States — and one of Oakland’s top tax paying retailers– was renewed Thursday when attorneys for the city asked a federal judge to postpone court proceedings in the case.

The request for postponement comes after a federal judge ruled in February that the city does not have legal rights in a forfeiture case against the owners of the building that contains Oakland’s Harborside Health Center.

In February, Judge Maria-Elena James wrote in a 10-page ruling that a local U.S. attorney had successfully argued the federal government was immune from Oakland’s lawsuit under the Administrative Procedures Act, which sets out how U.S. agencies develop and issue regulations.

On Thursday, attorneys from the city asked James to postpone all actions in the case until an appeals court can review her ruling, which could take up to a year before the case is heard.

The city of Oakland has been attempting to kill an attempt by U.S. Attorney Melinda Haag to close Harborside Health Care, which is one of the largest and most respected medical marijuana dispensaries in the country, and has been called a model business by city officials.

Harborside employs ov. . . . . READ MORE

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US Court Records Show Nearly 500 Years in Prison Time for Medical Marijuana Offenses

June 15th

SAN FRANCISCO, CA — In spite of growing public support for medical marijuana, concern about overreach by the U.S. Department of Justice and other federal agencies, and cutbacks in federal spending, the U.S. government’s war on medical marijuana is raging unabated according to a survey of court records by Cal NORML.

On Tuesday, Michigan medical marijuana grower Jerry Duval, a kidney and pancreas transplant patient with severe medical problems, began serving a ten-year sentence in the same prison as the Boston bomber. Duval joins a growing list of defendants in states that allow medical marijuana who have been charged by the Department of Justice for violating federal laws prohibiting medical marijuana.

According to a survey of US court records, news stories, and case reports compiled by Cal NORML (with help from Americans for Safe Access):

Report: Obama Justice Department Has Spent Nearly $300 Million on Aggressive Medical Marijuana Enforcement

June 13th

WASHINGTON, DC — Medical marijuana advocacy group Americans for Safe Access (ASA) issued a report today, detailing the costs associated with the federal government’s years-long enforcement effort in states that have adopted medical marijuana laws.

Notably, the report, which is entitled “What’s the Cost?” states that since 1996 nearly half a billion dollars ($500 million) has been spent by the Justice Department — over three presidential administrations — to investigate, raid, arrest, prosecute, and imprison hundreds of medical marijuana patients and their providers. The report is intended for Congressional legislators in an effort to lobby for federal policy reforms, and is part of the Peace for Patients campaign recently launched by ASA.

The feds have conducted more than 200 SWAT-style raids on state-compliant medical marijuana businesses since 2011. Here, law enforcement commandos descend on a Santa Rosa neighborhood in search of medical marijuana growers in September, 2012.READ MORE

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Stopping the IRS War on Medical Marijuana Providers

May 16th

closed marijuana dispensary

Dispensaries providing marijuana to doctor-approved patients operate in a number of states, but they are under assault by the federal government. SWAT-style raids by the DEA and finger-wagging press conferences by grim-faced federal prosecutors may garner greater attention, but the assault on medical marijuana providers extends to other branches of the government as well, and moves by the Internal Revenue Service (IRS) to eliminate dispensaries’ ability to take standard business deduction are another very painful arrow in the federal quiver.

The IRS employs Section 280E, a 1982 addition to the tax code that was a response to a drug dealer’s successful effort to claim his yacht, weapons purchases, and even illicit bribes as business expenses. Under 280E, individuals involved in the illicit sale of controlled substances — including marijuana, even medical marijuana in states where it is legal — cannot claim standard business expenses on their federal taxes.

“The 280E provision which requires certain businesses to pay taxes on their gross income, as opposed to their net income, is aimed at shutting down illicit drug operations, not sta. . . . . READ MORE

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