Arizona Governor Jan Brewer killed Arizona’s medical marijuana dispensaries before the dispensaries even got to the starting gate. The six lawsuits involving Arizona’s medical marijuana dispensary industry and cannabis clubs are slowly proceeding in court. What happens in each of the lawsuits is not as important as the elephant in the medical marijuana room, which is that the United States has now made it clear even to the blind who will not see that the U.S. will prosecute people involved in selling medical marijuana any where in the U.S., including in states that have legalized it. Here is the evidence:
The U.S. Justice Department has said in no uncertain terms that it will do the following in all fifty states:
- Prosecute people involved in selling medical marijuana to medical marijuana patients or caregivers.
- Prosecute people involved in growing medical marijuana for the purpose of selling to medical marijuana patients and caregivers.
- Prosecute landlords who lease real property to people or businesses that grow or sell marijuana on the premises.
- Prosecute lenders who loan money to people or businesses that grow medical marijuana for distribution or that sell marijuana to medical marijuana patients or caregivers.
It does not matter if the parties who want to establish medical marijuana dispensaries and cannabis clubs are successful in all six of the Arizona lawsuits. Even if the six lawsuits authorize medical marijuana dispensaries and cannabis clubs in Arizona, the federal government will prosecute anyone involved in growing and selling marijuana – medical or recreational.
People involved in the cannabis club industry should also be very afraid. The only people who have any comfort from the U.S. Justice Department’s current medical marijuana policies are state approved medical marijuana patients and caregivers who do not sell marijuana. Cannabis clubs do not fall in that category. It is clear to me that the U.S. Justice Department’s policy is to prosecute everybody involved in growing, selling and distributing marijuana except patients and caregivers.
I must respectfully disagree, Richard. Several of our California peers, who have seen the pendulum swing back and forth many times over the years, offer a less dramatic take: that the feds are using California’s law requiring dispensaries to operate on a not-for-profit model to grandstand against those businesses accumulating loads of cash. Take too high of a profile, put yourself at risk.
The U.S. Attorney’s actions speak to their rhetoric about cartels or others attempting to use the State’s MMJ laws as cover for those interested in marijuana more for recreational purposes (and big profits). Whether that’s a valid concern is subject to debate.
Regardless, history is on the side of MMJ – the movement is quite near critical mass now; and what we’re seeing is the backlash of those with a vested interest in enforcing prohibition: police departments receiving funding for interdiction, prosecutors clinging to the “tough on crime” and “war on drugs” mentality that most Americans recognize as failed policies, and socially conservative politicians (notably distinct from those with Libertarian beliefs) who can’t grasp the difference between cannabis for pain management vs pot for partying.
These are powerful forces, no doubt. But they are lining themselves up against a majority of everyday Americans sick to death of the status quo on so many levels – see the “Occupy” movement taking off – that sooner, or later, reform is coming, and those with leadership aspirations had best hurry to get around in front of a very big crowd.
Richard, Can’t completely agree with you on this. I believe there may be a place for not-for-profit dispensaries that limit their grow facilities to no more than what they need to provide adaquate supplies of medication for their registered patient base. The key here is ” intent to distribute” If dispensaries grow substantionally more then what they need for their patients then the question the FEDS will ask is what do they plan to do with the excess medication? (Sell it?) That is where they run into the feds. I believe that there is a limited place for legal dispensaries.
With repect to “Cannabis Clubs” I believe you need to examine them on a case by case basis. Most clubs here in Arizona are just a cover for criminal enterprises. I have counted about fifty that illegally SELL marijuana. It is very questionable why the police would raid the only open and honest club in the valley. The 2811 club does NOT sell marijuana. There is at least three degrees of legal separation from the money we charge for member admission to the club and the exchange of patient to patient medication. Patients in our club that exchange medication with other patients do not receive any money or anything else of value. The members of the club receive fair value for the fees they pay, including very crediable education resources provided by the Arizona Cannabis University, A school that was in business long before the club was ever envisioned.
Consequently, There is no other cannabis club like the 2811 club in Arizona. We adamently believe that this club is fully compliant with the AZMMA and are confident we will prevail in Court. We welcome you to come learn more about the operations of our club. Thank you for this forum. Al Sobol