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Now that marijuana is legal for people older than 21, home delivery of medical-grade pot is just a few clicks away.
Advertisements boast "100% organic" and "friendly deliveries made to your door," offering strains such as "Cadillac Kush" and "Green Candy." The ads are illustrated with photos of large, flowering marijuana buds.
"I buy from the dispensaries and sell it to people," said John, who drives the 25 miles from Nunn, Colo., to here and as far as Berthoud, 50 miles away, to deliver pot to people who call his phone number posted on craigslist. "I make these people happy."
John, who declined to be identified with his full name because of privacy concerns, makes about $100 a day after accounting for expenses such as transportation. He receives three to five phone inquiries each day as a result of the ad and doesn't care whether people have state-approved medical marijuana licenses, he said.
Since Colorado legalized marijuana in November, it's OK for people older than 21 to possess it, grow it and give it to others without remuneration. But until the state legislature approves regulations for storefront pot-selling businesses, it's not legal to sell to anyone without a medical-marijuana license. Washington state also legalized recreational use and possession of marijuana in the November elections.
Fort Collins police Sgt. Gary Shaklee said he's not aware of any "clear criminal charge" for people who buy marijuana off the black market, as long as it's less than an ounce. But police say selling any amount of pot to people without a medical-marijuana license – known as a red card – remains a felony, just as it was before pot was legalized.
But John said: "I'd like to see a jury convict me for pot when it's already legal."
'Clearly' illegal
A headline posted on one of John's ads in February is clear: "No Red Card? ... We can help!"
Denver defense lawyer Sean McAllister, who helped frame the language of Amendment 64 legalizing marijuana and advocated for it, said what John is offering is clearly illegal.
"It is amazing to me that craigslist is a place where people put out in the public domain" advertisements for nonmedical pot sales, he said. "It is a felony to distribute marijuana illegally."
Other ads are less bold, offering pot in exchange for donations or purchase of other goods. The Fort Collins craigslist March 1 had three ads that were blatantly offering marijuana to the general public along with about nine that specified medical-only sales. In nearby Boulder, Colo., seven ads solicited the general public, 15 medical-marijuana users. Denver with a metro area of 2.5 million people had hundreds of online pot ads in both categories.
Law enforcers in Larimer County haven't been going after the advertisers, who usually deal in small amounts. Fort Collins police Capt. Don Vagge said he wasn't even aware of the ads selling marijuana to the public.
"We just don't have the resources to watch, specifically, for that," he said, adding that police have received tips and investigated craigslist ads for crimes such as prostitution.
He said offers of marijuana in exchange for donations could be protected by Amendment 64 to the Colorado Constitution legalizing marijuana but that, at this point, that would be determined case by case.
"Some of that would depend on the price of the items you were buying," he said. "If the regular price is $25, and you pay $25 and they give you free marijuana, that, to me, would not be remuneration for the dope."
But if the marijuana was sold for even $10 more, it could be illegal, he said.
"There's still a great deal of confusion between what's legal and what isn't for (citizens)," Vagge said.
On the Colorado Springs craigslist, people have posted ads willing to trade marijuana for items such as video games, a washing machine and mountain bikes. A Boulder poster offered pot in exchange for concert tickets, and "Ms. Nice Girl" in Denver claimed to be offering her surplus medical marijuana in exchange for donations toward her medical expenses.
McAllister said the advertisements are illustrative of a "gap in the law" between legalization and the development of a legal sales framework.
"You're seeing the black market kind of poke its head up from the underground," he said. "I think it's very dangerous. Any link between you and selling marijuana means you could be charged and arrested."
He also said that, in areas of the state where police are going after pot sellers, it doesn't seem to embody the spirit of Amendment 64's intent to regulate marijuana like alcohol.
"There's nothing comparable to this with alcohol," he said. "There would be no police investigation if you sold a case of beer to your neighbor."
Legal goods, illegal sales
All of the craigslist ads for marijuana divulged a way to contact the seller, yet most of the Northern Colorado posters declined to be interviewed. One man said he was just doing it for a couple weeks to get enough customers. His ad indicated he would sell to anyone, but he insisted he sells only to people who can prove they have a medical marijuana license.
Officials with Fort Collins Police Services, Larimer County Sheriff's Office and the Larimer County District Attorney's Office all said they were unaware of any cases of craigslist marijuana sellers being prosecuted in Larimer County.
The Coloradoan sent a press inquiry to craigslist asking about its policy with ads for marijuana. Its terms of use indicate users are prohibited from posting content toward provision or receipt of illegal goods or services.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: usatoday.com
Author: Robert Allen
Contact: USA TODAY
Website: Colo. pot dealers advertise online before rules in place
Advertisements boast "100% organic" and "friendly deliveries made to your door," offering strains such as "Cadillac Kush" and "Green Candy." The ads are illustrated with photos of large, flowering marijuana buds.
"I buy from the dispensaries and sell it to people," said John, who drives the 25 miles from Nunn, Colo., to here and as far as Berthoud, 50 miles away, to deliver pot to people who call his phone number posted on craigslist. "I make these people happy."
John, who declined to be identified with his full name because of privacy concerns, makes about $100 a day after accounting for expenses such as transportation. He receives three to five phone inquiries each day as a result of the ad and doesn't care whether people have state-approved medical marijuana licenses, he said.
Since Colorado legalized marijuana in November, it's OK for people older than 21 to possess it, grow it and give it to others without remuneration. But until the state legislature approves regulations for storefront pot-selling businesses, it's not legal to sell to anyone without a medical-marijuana license. Washington state also legalized recreational use and possession of marijuana in the November elections.
Fort Collins police Sgt. Gary Shaklee said he's not aware of any "clear criminal charge" for people who buy marijuana off the black market, as long as it's less than an ounce. But police say selling any amount of pot to people without a medical-marijuana license – known as a red card – remains a felony, just as it was before pot was legalized.
But John said: "I'd like to see a jury convict me for pot when it's already legal."
'Clearly' illegal
A headline posted on one of John's ads in February is clear: "No Red Card? ... We can help!"
Denver defense lawyer Sean McAllister, who helped frame the language of Amendment 64 legalizing marijuana and advocated for it, said what John is offering is clearly illegal.
"It is amazing to me that craigslist is a place where people put out in the public domain" advertisements for nonmedical pot sales, he said. "It is a felony to distribute marijuana illegally."
Other ads are less bold, offering pot in exchange for donations or purchase of other goods. The Fort Collins craigslist March 1 had three ads that were blatantly offering marijuana to the general public along with about nine that specified medical-only sales. In nearby Boulder, Colo., seven ads solicited the general public, 15 medical-marijuana users. Denver with a metro area of 2.5 million people had hundreds of online pot ads in both categories.
Law enforcers in Larimer County haven't been going after the advertisers, who usually deal in small amounts. Fort Collins police Capt. Don Vagge said he wasn't even aware of the ads selling marijuana to the public.
"We just don't have the resources to watch, specifically, for that," he said, adding that police have received tips and investigated craigslist ads for crimes such as prostitution.
He said offers of marijuana in exchange for donations could be protected by Amendment 64 to the Colorado Constitution legalizing marijuana but that, at this point, that would be determined case by case.
"Some of that would depend on the price of the items you were buying," he said. "If the regular price is $25, and you pay $25 and they give you free marijuana, that, to me, would not be remuneration for the dope."
But if the marijuana was sold for even $10 more, it could be illegal, he said.
"There's still a great deal of confusion between what's legal and what isn't for (citizens)," Vagge said.
On the Colorado Springs craigslist, people have posted ads willing to trade marijuana for items such as video games, a washing machine and mountain bikes. A Boulder poster offered pot in exchange for concert tickets, and "Ms. Nice Girl" in Denver claimed to be offering her surplus medical marijuana in exchange for donations toward her medical expenses.
McAllister said the advertisements are illustrative of a "gap in the law" between legalization and the development of a legal sales framework.
"You're seeing the black market kind of poke its head up from the underground," he said. "I think it's very dangerous. Any link between you and selling marijuana means you could be charged and arrested."
He also said that, in areas of the state where police are going after pot sellers, it doesn't seem to embody the spirit of Amendment 64's intent to regulate marijuana like alcohol.
"There's nothing comparable to this with alcohol," he said. "There would be no police investigation if you sold a case of beer to your neighbor."
Legal goods, illegal sales
All of the craigslist ads for marijuana divulged a way to contact the seller, yet most of the Northern Colorado posters declined to be interviewed. One man said he was just doing it for a couple weeks to get enough customers. His ad indicated he would sell to anyone, but he insisted he sells only to people who can prove they have a medical marijuana license.
Officials with Fort Collins Police Services, Larimer County Sheriff's Office and the Larimer County District Attorney's Office all said they were unaware of any cases of craigslist marijuana sellers being prosecuted in Larimer County.
The Coloradoan sent a press inquiry to craigslist asking about its policy with ads for marijuana. Its terms of use indicate users are prohibited from posting content toward provision or receipt of illegal goods or services.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: usatoday.com
Author: Robert Allen
Contact: USA TODAY
Website: Colo. pot dealers advertise online before rules in place
