Pubdate: Sat, 23 Feb 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold

PROSECUTOR: STATE POT LAW A FACTOR

A U.S. Attorney Says in Court That She Initially Didn't Pursue 
Charges Against a Medical Grower.

The federal prosecutor who handles marijuana crimes in Colorado said 
in court Friday that she paid deference to state law initially when 
deciding whether to file criminal charges against a medical-marijuana 
dispensary manager.

The revelation came when Assistant U.S. Attorney M.J. Menendez was 
talking about a June 2011 raid on a marijuana growing warehouse in 
northeast Denver that at first resulted in no prosecution. It was the 
first time a federal prosecutor in Colorado has admitted to declining 
to pursue criminal charges against a medical-marijuana business 
because of evidence of compliance with state law.

All marijuana-growing is illegal under federal law, and U.S. Justice 
Department officials have said marijuana businesses are subject to 
federal prosecution at any time, regardless of state law. Menendez, 
too, criticized Colorado's medical-marijuana business laws as a 
"mess" and said allowing people to ignore federal law in the name of 
following state law would be ruinous.

"We cannot have flagrant disregard of federal law and still come out 
with a society we want to live in," she said.

Menendez made her comments during the first part of a sentencing 
hearing for HaDo, a former medical-marijuana dispensary manager who 
pleaded guilty to marijuana-distribution charges in federal court in 
October. Do, the manager of the now-defunct Earth's Medicine 
dispensary on Federal Boulevard in Denver, was charged with three 
others in connection with a warehouse at 3885 Forrest St. that police 
raided in October 2011.

Do's brother, Hai, and son, Nathan, were also charged, as was Richard 
Crosse, the warehouse's owner. Nathan Do has since died.

The October raid was the second time police had busted the Forrest 
Street warehouse. Denver police, with federal agents, had also raided 
the warehouse in June 2011. After both raids-during each of which 
agents seized more than 1,000 cannabis plants - Do said the warehouse 
was compliant with state medical-marijuana law. Law enforcement 
agents said it wasn't.

Menendez said in court Friday that she initially gave Do the benefit 
of the doubt and declined to file charges after the June raid.

"I said that it looked like Mr. Do had made a lot of efforts (to 
comply with state law) and that, under the dictates of the Justice 
Department, I'm going to focus my resources elsewhere," Menendez 
said, explaining why she initially overlooked the violation of federal law.

But, after Do and his associates again began growing at the 
warehouse, Menendez said enough was enough.

"We had flagrancy," she said. "We had disregard for the law."

Do's attorney, Harvey Steinberg, continued to maintain that Do had 
made a good-faith effort to comply with state law. Steinberg turned 
over numerous documents Friday that he said showed Do had tried to 
obtain the proper state licenses for the warehouse. He also said 
state law was too complicated and confusing for anyone to follow perfectly.

"I have a client who made every effort to try to comply with Colorado 
law," Steinberg said. "This is not your 'illicit' marijuana grow."

Addressing the judge, Do, who emigrated from Vietnam in 1980, said he 
saw the dispensary as a legitimate family business.

"I tried so hard to get licensing with the state," he said. "I got 
six different licenses to cover every corner. ... I'm ashamed to my 
family. I feel guilty inside. I'm a failure."

Menendez agreed that state law was complicated, and she said 
complexity is just one thing that now makes prosecuting federal 
marijuana cases in Colorado so difficult.

"There have been days ... where I have woken up and thought, 'Lord, 
just give me a good methamphetamine case. Something simple,' " 
Menendez said in court Friday.

Under his plea agreement with the government, Do could receive up to 
two years in prison. U.S. District Judge Robert Blackburn, though, 
said he needs more time to read through the documents purporting to 
establish compliance with state law. Do is now scheduled to be 
sentenced on March 5.
- ---
MAP posted-by: Jay Bergstrom