AG STRETCHES DRUG INDICTMENT TOO FAR

Colorado Attorney General John Suthers knows all about scam artists.
As a passionate defender of the public, he warns us about them
routinely. A typical consumer advisory he issued in February of 2008
warned consumers and businesses of an e-mail scam. Suspected
criminals pretended they represented the United States Department of
Justice and made demands on e-mail recipients.

In his warning, Suthers did not draw a nexus between the criminals
and the Department of Justice. To do so would have been absurd.

In January of 2006, Suthers warned consumers about a telemarketing
scam involving criminals who pretended they were from the "Colorado
Department of Health." His warning condemned the criminals; not
health departments.

Suthers warned us last year of groups attempting to scam money to
help earthquake victims in Haiti. He did not claim a nexus between
pretend charities and legitimate charities, such as Catholic Relief
Services or Compassion International. To do so would have been absurd.

Yet Suthers wasted no time Friday connecting a small group of
suspected scam artists with their legal and legitimate counterparts.
He announced the indictment of a black-market marijuana-trafficking
ring. The indictment involves nine suspects who Suthers believes
pretended to function as legal medical-marijuana caregivers, while
selling the drug illegally throughout Colorado and New Mexico. It's
much like an allegation of suspects pretending to function as a
legitimate charity to get away with a fundraising crime.

Yet Suthers didn't give legal marijuana businesses, the people who
pay taxes and fees and jump through hoops to remain in business, the
same courtesy he has extended to government agencies and charities
that criminals routinely mimic. Instead, he issued the following statement:

"This case, while disturbing, should come as no surprise to
Coloradans who have been concerned that there is a nexus between
Colorado's booming medical marijuana industry and illegal
distribution of the drug," Suthers said.

Sure, just like there's a nexus between Department of Justice
officials and criminals who pretend they're Department of Justice officials.

Suthers continued: "This case counters the contention among marijuana
advocates and some public officials that a regulated medical
marijuana system will undercut the illicit market for marijuana."

Not quite. The fact these criminals pretended they were legitimate
tells us that old-fashioned drug dealers may be finding it difficult
to function in the criminal underground. That could be a stretch, but
it's most certainly a stretch to use this case as an indictment of
those who have obeyed the law and sell medical marijuana legally from
storefronts.

Congratulations to Suthers and his team for this indictment in what
appears an important case. Just remember that it's an indictment of
suspected criminals, not those whom they impersonated. Those people are victims.