MEDICAL POT STORES' PROFITS QUESTIONED

The recent busts of medical marijuana dispensaries have raised
questions about the revenue the operations collect.

Four dispensaries last week were accused of operating as "super-sized
retail drug-dealing centers," turning tremendous profits and
accepting questionable doctor's recommendations.

The dispensaries were investigated by the Drug Enforcement
Administration, which can charge them with violating federal drug
laws, regardless of whether or not they make a profit.

However, the agency claims dispensaries it went after last week were
operating as for-profit operations, which may not be permitted by
state laws that set guidelines for growing, possessing, and
distributing medical marijuana.

Two of the busted dispensaries, the "Yellow House" and West Hollywood
Compassionate Caregivers, are located in Los Angeles. The other two
are in Corona, in Riverside County, and Morro Bay on the Central Coast.

The DEA, which carried out the investigation, claims that the two
owners of the "Compassionate Caregivers" chain, which has seven
dispensaries in California, amassed $95 million in profit, and owned
luxury cars and real estate in Costa Rica.

The DEA said that based on complaints of young, seemingly healthy
people buying pot at the busted dispensaries, the operators are "no
different than any other drug trafficker."

Some in the medical marijuana community spoke out against operators
that act more like big retail stores than medical collectives.

"Some of these dispensaries have kids with prescriptions from shady
doctors lining up outside the store," said the man who operates the
Holistic Co-op in Los Angeles. "That part of the medical marijuana
community is a joke."

Riley, who preferred not to have his last name in print, said that he
only helped genuinely sick patients, and always called his patient's
doctors to verify they were legitimate.

But others rallied to the defense of the dispensaries.

"A business grossing the kind of numbers released by the DEA is not
making that much money," said Chris Fusco of the Americans for Safe
Access organization. "Both the federal and state governments need to
give clear guidelines so there is no confusion for dispensary operators."

Under federal law, the DEA can arrest any dispensary owners for
selling marijuana. State law, which permits medical marijuana, is unclear.

The 2003 medical marijuana laws do not "authorize any individual or
group to cultivate or distribute marijuana for profit."

"Though the law is clear that profit is not authorized, it is not
explicitly declared illegal by state law either," said Bruce
Margolin, an attorney with the California branch of the National
Organization for the Reform of Marijuana Laws.

Margolin noted that in a state court case, the People vs. Urziceanu,
lawyers successfully defended a dispensary where people were asked
for suggested donations in return for medical marijuana, and asked to
sign forms saying that the recipient understood the donation was
meant to "ensure continued operation" of the dispensary and that it
"in no way constitutes commercial promotion."

However, Margolin added that a similar case, People vs. Mench, where
the court ruled in favor of the defendant, is now being appealed by
prosecutors.

The profitability of the medical marijuana business has also come to
the attention of the Board of Equalization, which administers state taxes.

In February, the board sent out a memo telling dispensaries that any
commercial transactions would be subject to sales tax, regardless of
whether the sale was allowed by federal law or not.

"We sent a memo making it clear to dispensaries that they could file
taxes without telling us what they were selling," Anita Gore, a
spokesperson at the Board of Equalization.

Gore said that researchers with the organization looked at the number
of dispensaries and potential sales, and saw that the state was
missing out on a decent source of revenue.

Chris Fusco says that without more clear state regulation, many
operators find the best strategy is to run the dispensary as a
not-for-profit business, or even file for non-profit status.

In either case, says Fusco, a dispensary would set clear staff
salaries and reinvest any profit back into services for the patients
of the collective.

One operator of a West San Fernando Valley-based dispensary said that
he keeps careful books showing he is not running his operation for
profit, pays taxes, and makes sure his customers are genuine.

"There is always a small group of people who abuse the system or act
like profiteers, so it is to our benefit when more people use the
model we use here," said the operator, who preferred not to be
identified by name.

He said he was part of a group of about 70 dispensaries under a group
named the Greater Los Angeles Caregiver's Alliance that runs as a nonprofit.

"Our goal is (to) set up a model that is even more stringent than
state or city regulations would be," said the operator.