For the past few years, as businesses associated with medical
marijuana have proliferated in Western Washington, federal prosecutors
have taken mostly a hands-off approach.
On Thursday, however, the feds issued the clearest threat yet to 23
medical-cannabis dispensaries in the region: Shut down or else. The
issue was their location, within 1,000 feet of an "educational facility
or other prohibited area."
In letters sent by the Drug Enforcement Administration (DEA), the
targeted businesses were warned they could be charged criminally if they
didn’t close within 30 days. Their property, including profits and the
buildings themselves, could also be seized under federal law, which
prohibits the sale of marijuana, the letters warned. They were sent to
both the business operators and their landlords.
"Please take the necessary steps to discontinue the sale and/or
distribution of marijuana … ," reads the letter, signed by Matthew G.
Barnes, special agent in charge of Seattle’s DEA office. He warned more
dispensaries may be targeted.
Neither the DEA nor the U.S. Attorney’s Office, which supported the
action, would release the names of the 23 dispensaries or even disclose
which cities they’re in. Emily Langlie, a spokeswoman for the U.S.
Attorney’s Office, said releasing the information would be
"inappropriate," since the businesses had not yet received the letters.
"We need to enforce one message for our students: Drugs have no place
in or near our schools," U.S. Attorney Jenny Durkan said in a news
release.
The action follows a pattern elsewhere in the country. Dozens of such
warnings were sent in Colorado, and those dispensaries closed or moved.
In California, more than 300 letters have been sent out, primarily
targeting businesses near schools.
The U.S. Attorney for Eastern Washington sent warnings to 55
businesses and landlords in April 2011 after hearing complaints about
nine dispensaries operating near schools, including one with a large
billboard two blocks from an elementary school. Those that didn’t shut
down were raided before the 30-day time period was up.
"I think the federal government has sent a pretty clear message in
the last couple of years that they’re just not going to tolerate
cannabis distribution within 1,000 feet of schools," said Kurt Boehl, an
attorney who represents medical-marijuana businesses.
"Since we’re seeing such a proliferation in Seattle maybe they’re just trying to regulate that a little bit," he added.
Dispensaries have sprung up, in part, because authorized patients say it’s hard to grow marijuana themselves.
Washington’s medical-marijuana law doesn’t authorize them, however.
An effort to legalize and regulate them passed the state Legislature
last year but was vetoed by Gov. Chris Gregoire, leaving Washington with
one of the most unregulated medical-marijuana industries in the
country.
Seattle, home to more than 140 medical-marijuana-related businesses,
lightly regulates them, requiring only basic business licenses and
compliance with city building-safety codes.
"The dispensaries that are located within 1,000 feet of schools are
fair game for federal action, as the owners/operators know and have been
told by the city," Kimberly Mills, communications director for Seattle
City Attorney Pete Holmes, said in an email.
The City Council will hold public meetings to consider zoning restrictions this fall.
Aaron Pelley, a medical-cannabis attorney, said finding a spot
outside a 1,000-foot radius can be challenging
