News (Media Awareness Project) - US CA: LTE: Medical Marijuana Business Violates the Law |
| Title: | US CA: LTE: Medical Marijuana Business Violates the Law |
| Published On: | 2004-02-06 |
| Source: | Auburn Journal (CA) |
| Fetched On: | 2008-01-18 21:55:32 |
MEDICAL MARIJUANA BUSINESS VIOLATES THE LAW
Re: "New Roseville store sells medicinal marijuana," Journal, Feb. 4.
I would like to set the record straight with regret to the representation
that the district attorney's office gave approval to the City of Roseville
to issue a business license for Richard Marino's Capitol Compassionate Care
business. In fact, no such request was received from the City of Roseville
and no approval was provided.
Mr. Marino telephoned the district attorney's office in November 2003 to
seek assurance that he would not be prosecuted for activities associated
with his proposed medicinal marijuana business. Because the supplying and
sales of medicinal marijuana is a very complicated legal issue, Mr. Marino
was asked to submit a letter listing specific questions to which we may
provide answers. Instead, this office received a letter from Mr. Marino
simply requesting a "documentation letter" that he may use to obtain
liability insurance.
On Nov. 25, 2003 I mailed a letter to Mr. Marino, addressed to his Elk
Grove residence, in which I stated office policy: "It is not now nor has it
ever been office policy to endorse or resist the establishment of any
lawful business. It is the policy of this office to prosecute criminal
violations perpetrated by or in the furtherance of any lawful or unlawful
business." Mr. Marino was referred to seek advice of counsel in obtaining
appropriate licensing from state and local jurisdictions.
The representation that the Placer County District Attorney's Office in any
way endorsed Marino's medicinal marijuana business is disinformation. This
office is constitutionally charged with upholding the law - local, state
and federal.
Proposition 215 notwithstanding, the sale of marijuana for profit remains a
criminal violation in California. While it is outside of our jurisdiction,
it is very clear that the cultivation, sales, supplying and/or
transportation of marijuana remains a violation of federal law.
Robert Gummow, Chief of Investigations
Placer County District Attorney's Office
Auburn
Re: "New Roseville store sells medicinal marijuana," Journal, Feb. 4.
I would like to set the record straight with regret to the representation
that the district attorney's office gave approval to the City of Roseville
to issue a business license for Richard Marino's Capitol Compassionate Care
business. In fact, no such request was received from the City of Roseville
and no approval was provided.
Mr. Marino telephoned the district attorney's office in November 2003 to
seek assurance that he would not be prosecuted for activities associated
with his proposed medicinal marijuana business. Because the supplying and
sales of medicinal marijuana is a very complicated legal issue, Mr. Marino
was asked to submit a letter listing specific questions to which we may
provide answers. Instead, this office received a letter from Mr. Marino
simply requesting a "documentation letter" that he may use to obtain
liability insurance.
On Nov. 25, 2003 I mailed a letter to Mr. Marino, addressed to his Elk
Grove residence, in which I stated office policy: "It is not now nor has it
ever been office policy to endorse or resist the establishment of any
lawful business. It is the policy of this office to prosecute criminal
violations perpetrated by or in the furtherance of any lawful or unlawful
business." Mr. Marino was referred to seek advice of counsel in obtaining
appropriate licensing from state and local jurisdictions.
The representation that the Placer County District Attorney's Office in any
way endorsed Marino's medicinal marijuana business is disinformation. This
office is constitutionally charged with upholding the law - local, state
and federal.
Proposition 215 notwithstanding, the sale of marijuana for profit remains a
criminal violation in California. While it is outside of our jurisdiction,
it is very clear that the cultivation, sales, supplying and/or
transportation of marijuana remains a violation of federal law.
Robert Gummow, Chief of Investigations
Placer County District Attorney's Office
Auburn
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