FEDS JUSTIFY DISPENSARY CRACKDOWN

U.S. Attorney John Walsh justifies federal crackdown on
medical-marijuana shops U.S. Attorney John Walsh said Thursday
evidence that medical marijuana is having a detrimental impact on
Colorado kids spurred his decision to crack down on dispensaries near schools.

Walsh, in the strongest federal action against dispensaries in
Colorado to date, sent letters last week to 23 dispensaries within
1,000 feet of schools. The letters ordered the dispensaries to close
by Feb. 27 or face potential criminal prosecution or seizure of
assets, even though those dispensaries are operating in compliance
with state law.

On Thursday, Walsh said state law plays a part in deciding how to use
his prosecutorial discretion with medical-marijuana businesses, which
are strictly illegal under federal law. But Walsh said protection of
important federal interests takes precedence.

"One of those interests, without question, is protecting drug-free
zones around schools," he said.

Walsh said his office is working to identify any other dispensaries
near schools and said the crackdown may extend to other types of
medical-marijuana businesses - such as cultivation operations - that
are close to schools.

What prompted the decision to send the letters, Walsh said, was
evidence that medical marijuana is being diverted to youths. For
instance, a report published last year by Denver Health
drug-treatment doctor Christian Thurstone found that, of 80 kids
admitted for substance-abuse treatment, nearly half said they had
received marijuana from someone with a medical-marijuana license.

Walsh also mentioned a rising number of drug-related school
suspensions, expulsions and law enforcement referrals. In the 2008-09
school year, before Colorado's boom in medical-marijuana
dispensaries, 534 students were expelled for drug violations,
according to state Education Department data. In the 2010-11 school
year, that number was 767.

"The threat to kids . . . came up to the top of the list," he said.

Medical-marijuana advocate Brian Vicente said Walsh's actions are a
"federal overreach" and said Walsh should leave the policing of
medical-marijuana businesses up to the state. He said Walsh hasn't
presented evidence that dispensaries are providing marijuana to kids
or responsible for the increase in expulsions.

"Colorado has done a remarkable job in regulating the sales of
medical marijuana at both the state and local level," Vicente said.
"I think the federal government needs to respect that."

Walsh said he has been measured in his approach to dispensaries but
said he does not have a defined list of criteria dispensaries must
follow to avoid federal prosecution. He said he considers such things
as whether dispensaries are targeting kids, engaged in money
laundering, connected to organized crime, involved in selling
marijuana out of state or linked to firearms and violence when
deciding whether to prosecute the businesses.