Pubdate: Mon, 19 Mar 2012
Source: San Bernardino Sun (CA)
Copyright: 2012 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Lori Consalvo

FEDERAL DEADLINE FOR SAN BERNARDINO COUNTY MEDICAL DISPENSARIES PASSES

The two-week deadline has come and gone for more than 50 marijuana 
dispensaries in San Bernardino County that received letters from the 
federal government demanding that they shutter.

U.S. attorneys sent out the letters on Feb. 28 to businesses in San 
Bernardino, Fontana, Colton and Bloomington.

The letters threatened criminal or legal action in federal court if 
the dispensaries stayed open.

Since the deadline some of the dispensaries have shut down, said 
Steven Welk, assistant U.S. attorney based in Los Angeles.

Walk could not provide exact numbers on how many dispensaries closed.

"People have been generally cooperative," he said.

"We haven't been in a position yet where we have had to (forcibly 
close them down)."

While officials are monitoring the situation it is not entirely black 
and white when it comes to closing doors.

"We have found that throughout this process sometimes there are 
logistical issues that the landlords run into in respect to complying 
with the 14 days," Welk said. "Sometimes it may take longer than 14 
days to fully comply."

Welk said they will follow up with the dispensaries to make sure they 
are completing the process of shutting down.

"We're hoping they'll all be shut down within the next week to 10 
days," he said. "And if they're not, then we'll follow through with 
what we described in the letter.

A sample of the letter reads: "This letter serves as formal notice to 
you that the marijuana dispensary's operations violate United States 
law and that the violations of United States law relating to the 
marijuana dispensary's operations on your property may result in 
criminal prosecution, imprisonment, fines and forfeiture of assets, 
including the real property on which the dispensary is operating and 
any money you receive (or have received) from the dispensary operator."

Federal law prohibits possessing or distributing marijuana for any 
reason, including medical use, but those who run or use dispensaries 
argue it's legal in California.

They cite Proposition 215, the 1996 voter-approved measure that 
approved medical cannabis in the state, and Senate Bill 420, passed 
in 2003, which details the amount of marijuana a person can possess 
for medical purposes and sets guidelines for identification card programs.

"It kinda sucks," said Jan Werner, a former collective operator. 
"They're making it difficult."

Werner said he did not personally receive a letter, but his landlord 
at a Bloomington facility did.

The Lake Arrowhead resident was thinking about reopening a business 
in Bloomington and was in talks with the landlord about making it happen.

"Then he received the letter," said Werner, adding that the landlord 
then had second thoughts.

Werner does not think the letters will keep operators from opening 
somewhere else.

"It just means they have to be a little more creative looking for 
locations to open an operation," he said.

Staff writer Ryan Hagen contributed to this report.
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MAP posted-by: Jay Bergstrom