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In a state where medical marijuana use is legal but buying it is not, two Henderson men are facing the possibility of federal prison time and a hefty fine after pleading guilty to conspiring to grow and sell marijuana through a business they called Organic Releaf.
Brothers Raymond Medlin, 31, and Eric Medlin, 28, pleaded guilty Thursday in U.S. District Court in Las Vegas to conspiracy to manufacture and distribute marijuana. U.S. Attorney Daniel Bogden said they could face up to 40 years in prison and a $5 million fine at sentencing Nov. 29.
"Storefront marijuana dispensaries are not recognized under Nevada law," Bogden said in a statement, "and it is illegal to sell 'medical marijuana' in Nevada."
Raymond Medlin's lawyer did not immediately respond to a message Friday. Brenda Weksler, a deputy federal public defender representing Eric Medlin, declined comment on the case.
The two men admitted owning and operating a marijuana dispensary in Las Vegas that was raided by federal agents in September 2010. Bogden said authorities seized 181 pot plants and dried marijuana in containers with labels including "White Rhino," ''Purple Wreck" and "Sour Diesel."
Neither man was arrested at that time. But their mother, Caroline Dellevalle, and a co-defendant, Chad Uhl, pladed guilty in 2011 to similar conspiracy to manufacture and distribute marijuana charges. Each was sentenced to time served and five years' supervised release.
Police found 50 pot plants and growing equipment during a March 29 raid at an apparent marijuana growing operation at a business suite in Henderson, Bogden said. Raymond Medlin and Eric Medlin were seen at times at the office, and neither had a valid medical marijuana card or pending application.
Thousands of registered medical marijuana users in the state have no legal way to obtain the drug. State law enacted in 2001 allows each person with a state card to possess up to 1 ounce of marijuana and grow as many as three mature and four immature plants.
Critics say not every patient can grow their own pot, and the disparity between state law allowing the use of medical marijuana and state law prohibiting the production and sale of marijuana has frustrated judges.
A state court judge in Las Vegas, who has since retired, dismissed drug trafficking charges earlier this year against two men who operated a storefront pot dispensary. Judge Donald Mosley called it "absurd" to expect people who are legally empowered to obtain the drug to get it from an unspecified source for free.
Prosecutors obtained new indictments against the men two days later.
A year ago, another Clark County District Court judge allowed an indictment to stand against six people arrested in a police raid of a different pot dispensary.
Over the years, state lawmakers have proposed bills calling for dispensaries, farms and marijuana taxes, but none has been approved.
Assemblyman Tick Segerblom, a former state Democratic Party chairman now running for the state Senate, said last month that he'd like to set up a certification process letting Nevadans obtain medical marijuana from dispensaries in neighboring California and impose an unspecified tax on the pot.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: sfgate.com
Author: Ken Ritter
Contact: Contacts at San Francisco Chronicle - SFGate
Website: 2 plead guilty in Henderson medical marijuana case - SFGate
Brothers Raymond Medlin, 31, and Eric Medlin, 28, pleaded guilty Thursday in U.S. District Court in Las Vegas to conspiracy to manufacture and distribute marijuana. U.S. Attorney Daniel Bogden said they could face up to 40 years in prison and a $5 million fine at sentencing Nov. 29.
"Storefront marijuana dispensaries are not recognized under Nevada law," Bogden said in a statement, "and it is illegal to sell 'medical marijuana' in Nevada."
Raymond Medlin's lawyer did not immediately respond to a message Friday. Brenda Weksler, a deputy federal public defender representing Eric Medlin, declined comment on the case.
The two men admitted owning and operating a marijuana dispensary in Las Vegas that was raided by federal agents in September 2010. Bogden said authorities seized 181 pot plants and dried marijuana in containers with labels including "White Rhino," ''Purple Wreck" and "Sour Diesel."
Neither man was arrested at that time. But their mother, Caroline Dellevalle, and a co-defendant, Chad Uhl, pladed guilty in 2011 to similar conspiracy to manufacture and distribute marijuana charges. Each was sentenced to time served and five years' supervised release.
Police found 50 pot plants and growing equipment during a March 29 raid at an apparent marijuana growing operation at a business suite in Henderson, Bogden said. Raymond Medlin and Eric Medlin were seen at times at the office, and neither had a valid medical marijuana card or pending application.
Thousands of registered medical marijuana users in the state have no legal way to obtain the drug. State law enacted in 2001 allows each person with a state card to possess up to 1 ounce of marijuana and grow as many as three mature and four immature plants.
Critics say not every patient can grow their own pot, and the disparity between state law allowing the use of medical marijuana and state law prohibiting the production and sale of marijuana has frustrated judges.
A state court judge in Las Vegas, who has since retired, dismissed drug trafficking charges earlier this year against two men who operated a storefront pot dispensary. Judge Donald Mosley called it "absurd" to expect people who are legally empowered to obtain the drug to get it from an unspecified source for free.
Prosecutors obtained new indictments against the men two days later.
A year ago, another Clark County District Court judge allowed an indictment to stand against six people arrested in a police raid of a different pot dispensary.
Over the years, state lawmakers have proposed bills calling for dispensaries, farms and marijuana taxes, but none has been approved.
Assemblyman Tick Segerblom, a former state Democratic Party chairman now running for the state Senate, said last month that he'd like to set up a certification process letting Nevadans obtain medical marijuana from dispensaries in neighboring California and impose an unspecified tax on the pot.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: sfgate.com
Author: Ken Ritter
Contact: Contacts at San Francisco Chronicle - SFGate
Website: 2 plead guilty in Henderson medical marijuana case - SFGate
