Pubdate: Wed, 21 Jul 2010
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Carlyn Ray Mitchell

SPRINGS POLICE FACE LAWSUIT OVER CONFISCATED MARIJUANA
MONEY

A medical marijuana dispensary owner has filed notice that he intends
to sue the Colorado Springs Police Department over what he claims was
the illegal seizure of $14,000.

Doctor's Orders and co-owner Robert Pooler plan to ask for $120,000 in
damages from the city. The money, proceeds from Pooler's medical
marijuana business, was confiscated from him during a traffic stop.

Pooler contends his car was searched illegally on June 30 after an
officer observed a near collision between Pooler's car and another
vehicle, said Sean McAllister, Pooler's attorney.

Pooler pulled into a parking lot and got out of the car. When the
officer asked for Pooler's license and proof of insurance, Pooler told
the officer it was in the car, at which point the officer went into
the car and discovered the bank bag of money, McAllister said.

Since marijuana is illegal at the federal level, McAllister said many
national banks are closing accounts of medical marijuana dispensaries
so as to not be in the business of moving marijuana money across state
lines. Pooler's account in Denver had been closed and Pooler was
moving his money to a bank in Colorado Springs at the time of the
incident, McAllister said.

Though Pooler was not arrested, a police sergeant who called
McAllister after police confiscated the money told McAllister police
were investigating Pooler for money laundering.

The officer also threatened to get the Drug Enforcement Administration
involved, despite the federal government's current policy of not
litigating marijuana cases, McAllister said.

McAllister said police have seized Pooler's bank account, making it
impossible for him to deposit the proceeds from his dispensaries in
Denver and Colorado Springs.

"This is legal money. It is legal in the state of Colorado. This is a
city police officer that should be enforcing the constitution of our
state and not enforce federal law."

Pooler's intent to sue gives the city 90 days to respond to his demand
for repayment. "If they don't see the light here, my client is willing
to litigate his rights," McAllister said.

Colorado Springs Police declined to comment.

Tensions between Springs police and dispensary ownwers have been high
in recent months. In May, police searched seven medical marijuana
dispensaries as part of an unspecified, "ongoing investigation."
Medical marijuana proponents said they were blind-sided and that the
searches were politically motivated.

No arrests were made in those searches. 
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