Pubdate: Thu, 22 Mar 2012
Source: Daily Camera (Boulder, CO)
Copyright: 2012 The Daily Camera.
Contact:  http://www.dailycamera.com/
Details: http://www.mapinc.org/media/103
Author: Erica Meltzer

FEDS TO BOULDER DA: KEEPING MARIJUANA AWAY FROM SCHOOLS A 'CORE RESPONSIBILITY'

Enforcing federal law to keep medical marijuana dispensaries away 
from schools is a "core responsibility" of federal prosecutors -- and 
it will continue, U.S. Attorney John Walsh wrote in a letter to 
Boulder County District Attorney Stan Garnett.

The letter, released Wednesday, comes in response to a letter Garnett 
sent Walsh last week in which he said dispensaries that otherwise 
comply with state and local law should not be targeted for federal 
enforcement. Garnett said federal resources should be reserved for 
large-scale drug trafficking, terrorism and organized crime, and 
local regulations were working well to control the industry.

The U.S. Attorney's Office has been sending letters to Colorado 
dispensaries located within 1,000 feet of schools that order the 
businesses to either move or close. Boulder ordinance says 
dispensaries cannot be within 500 feet of a school.

City records indicate there are 12 Boulder dispensaries within 1,000 
feet of a school. No Boulder dispensaries were targeted in the first 
round of federal enforcement, but authorities have said more letters 
are in the works.

In his response, Walsh said he made the decision himself to go after 
dispensaries that are close to schools with full awareness of local conditions.

"One of (our) overriding interests -- not just for the federal 
government, but for Colorado government and for local government -- 
is the protection of children and young people from drugs and drug 
abuse, very much including marijuana abuse," Walsh wrote in the letter.

Walsh said the growth of the medical marijuana industry has been 
accompanied by "an alarming and substantial spike in marijuana abuse 
by children and young people." That increase required a response, he said.

Walsh noted that dispensaries targeted for enforcement have been 
given a 45-day grace period in which to close or move. So far, all 
compliance has been voluntary, and federal authorities haven't seized 
any property or drugs.

However, Walsh also said the targeted enforcement should not be 
interpreted as creating a "safe harbor" for medical marijuana 
dispensaries that are not within 1,000 feet of a school.

"This office will continue this program until all marijuana 
dispensaries in Colorado operating within 1,000 feet of a school have 
been warned and ceased operation," Walsh wrote in the letter. "To be 
clear, this program is not at the direction of Washington, D.C., but 
at my direction as U.S. Attorney and as a Coloradan, exercising the 
discretion that the Department of Justice has left local U.S. 
Attorneys to take local circumstances into account in determining how 
best to address the enforcement of federal laws against marijuana trafficking."

Walsh said his office has received an "outpouring of thanks and 
appreciation" for the effort to close dispensaries near schools.

"I believe that enforcing federal law to protect our children and 
young people from drug abuse is not only a legitimate use of federal 
resources, but a core responsibility for me and this office -- and I 
believe that is our duty as Coloradans as well," Walsh wrote.

Garnett confirmed that he received the letter, saying the response 
was respectful and part of an "appropriate conversation about 
prosecutorial priorities."

However, he said he had seen no evidence that dispensaries harm 
children and he continues to believe local authorities are best 
equipped to regulate the location of marijuana businesses.

"I've lived in Boulder County a long time, and the people of Boulder 
County care about all the right things, including their children," 
Garnett said. "I respect the U.S. attorney's position, but nobody 
should doubt that people in Boulder County care about protecting 
their children. If I had seen evidence that dispensaries were having 
an impact on children, I would be among many local leaders calling 
for additional regulations."
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MAP posted-by: Jay Bergstrom