Montana Medical Pot Suppliers Accused Of Trafficking

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Montana's medical marijuana law is being used for large-scale drug trafficking, federal prosecutors said on Tuesday, one day after the U.S. government raided facilities across the state.

Federal agents on Monday executed 26 criminal search warrants from Missoula to Miles City, capping an 18-month investigation of marijuana trafficking statewide, the U.S. Attorney for Montana, Michael Cotter, said in a statement.

He said seizures also were carried out at financial institutions in three Montana cities under civil warrants seeking up to $4 million in connection with the alleged drug trade.

The sweep prompted an outcry from medical marijuana advocates, who accused the government of cracking down on growers and distributors who were operating legally under the state's 7-year-old medical marijuana law.

But Cotter said in his press release that the raids were conducted "where there is probable cause that the premises were involved in illegal and large-scale trafficking of marijuana."

"When criminal networks violate federal laws, those involved will be prosecuted," he said.

Although cannabis is still considered an illegal narcotic under federal law, 15 states and the District of Columbia have statutes legalizing pot for medical use, mostly in the West, according to the National Organization for the Reform of Marijuana Laws.

In a shift from the Bush administration's position on the subject, the administration of President Barack Obama said in October 2009 it would no longer prosecute patients who use medical marijuana, or dispensaries that distribute it, in states where marijuana has been approved for such purposes.

A Justice Department spokeswoman in Washington, Tracy Schmaler, denied the Montana raids were at odds with the Obama administration's 2009 policy pronouncement.

"We are not going to look the other way while significant drug trafficking organizations try and shield their illegal efforts ... through the pretense that they are medical dispensaries," she said on Tuesday. "We will not tolerate drug traffickers who hide behind claims of compliance with state law."

Federal agents on Monday seized some 1,700 pot plants at one Helena-area facility alone, Montana Cannabis, said co-owner Chris Williams. But Williams said those plants were the source of legitimate medicine for nearly 300 patients.

Montana law allows up to six marijuana plants to be grown for each patient.

Former Montana Cannabis owner Tom Daubert, who helped write the state's medical marijuana statute, condemned the raids as heavy-handed.

"You can be completely legal locally, abiding by the local compassionate law, and still in the eyes of the federal government be a hideously criminal, dangerous drug trafficker," he said. "I have every reason to believe the locations that were targeted were striving to be legal under state law."


NewsHawk: Jim Behr: 420 MAGAZINE
Source: wgntv.com
Author: Emilie Ritter
Copyright: 2011 Tribune Broadcasting
Contact: Contact Us - WGN
Website: Corrected: Montana medical pot suppliers accused of trafficking - WGN
 
I don't believe half of that. Except the part that they raided a crapload of places. 18 month investigation? Carried out on the exact same day the Senate stalled on a repeal mmj Bill? Don't think so. More, like, a weeks notice. Hey FBI, DEA, ATF, get some dudes and come put your foot down if this doesn't get repealed. That's the true story.
 
I don't believe half of that. Except the part that they raided a crapload of places. 18 month investigation? Carried out on the exact same day the Senate stalled on a repeal mmj Bill? Don't think so. More, like, a weeks notice. Hey FBI, DEA, ATF, get some dudes and come put your foot down if this doesn't get repealed. That's the true story.

Excellent comments!
Yeah Montana, if you don't repeal the law, the DEA's going to come, take your capital/revenue and scare the piss out of everyone. Just like the school yard bully shaking kids down for their lunch money.
 
I URGE any and all those involved in this raid to contact the writer of this piece, as he works on stopping the funding of The War On American Citizens ie the drug war, by asset forfeiture.
He lobbys the state Governments as well as in DC to stop this.


Quote- Theoretically, federal law allows the judge to appoint counsel for a victim under certain circumstances, a reform enacted under the Civil Asset Forfeiture Act (CAFRA) of 2000. However, in the 11 years since the passage of those reforms, many of the provisions allowing for appointed counsel have yet to be implemented.

Victims who have had property seized from them are advised to know their rights, remain silent until they can speak to an attorney, and request a receipt for all property taken. We are particularly interested in any civil forfeiture claims filed in state or federal court. If you’d like to share your story with us or are looking for a media contact, you can email me at Eapen@ForfeitureReform.com or contact us at 573-673-5351 during normal business hours.



----------------


Breaking…DEA raids in Montana


John Masterson from Montana NORML is live-blogging news of DEA/FBI/ATF raids on medical marijuana dispensaries in Montana, here. The raids appear to be “smash ‘n grab” raids, where businesses legal under state law have their cash, inventory, computers, bank accounts, and other property violently seized by federal agencies who will directly profit from these seizures. Worse, since these seizures can happen prior to any criminal charges being filed, victims are often unable to obtain paid representation by an attorney.

Theoretically, federal law allows the judge to appoint counsel for a victim under certain circumstances, a reform enacted under the Civil Asset Forfeiture Act (CAFRA) of 2000. However, in the 11 years since the passage of those reforms, many of the provisions allowing for appointed counsel have yet to be implemented.

Victims who have had property seized from them are advised to know their rights, remain silent until they can speak to an attorney, and request a receipt for all property taken. We are particularly interested in any civil forfeiture claims filed in state or federal court. If you’d like to share your story with us or are looking for a media contact, you can email me at Eapen@ForfeitureReform.com or contact us at 573-673-5351 during normal business hours.

Attorneys looking for information on defending clients from property seizures are advised to be aware of the briefs, casebooks, and other materials available through our friends at Forfeiture Endangers American Rights Foundation (click on “Gideon Project”).

UPDATE: From Families and Patients United, a non-profit marijuana advocacy group:

· At least seven (and possibly more) separate operations, some functioning in multiple locations, were raided today. This includes grow and/or dispensing facilities in Billings, Bozeman, Belgrade, Helena, Missoula, Great Falls and Kalispell. Some in other towns may have received “visits”
and warnings.
· The raids appear to have involved federal agencies solely or at least primarily. Agencies involved include DEA, FBI, ATF, and immigration-focused agencies.
· Plants and medicine were destroyed or confiscated at all locations. Computers and other equipment (including lights and ballasts) were taken in most or all locations.
· Almost no one was arrested. (Those who were arrested involved things like speeding ticket warrants and other non-cannabis-related issues.)
· But most everyone was terrorized in one way or another, it seems. Disabled patients working at some of the facilities were thrown to the ground as if they were dangerous, armed criminals; people everywhere were kept handcuffed while searches and confiscations occurred. We are still trying to piece together accurate information about what happened and about what news media are being told (and not being told) by the federal agencies and other more local sources. Just as the political situation in the capitol building has been remarkably fluid all winter long, the law enforcement situation in Montana at the moment appears ever-changing. We will do our best to keep you informed of what we know. Check our Facebook page for news reports updated regularly, especially tomorrow morning. In the meantime, in case raids of this sort might continue, here’s some advice relayed from one of Montana’s leading drug defense attorneys: “You are not obligated to answer any questions. You are not obligated to let anyone in without a warrant. You are not obligated to consent to any search. Even innocent questions like “Are you a caregiver?” or “Are you a patient?” are parts of an investigatory strategy and can and will be used against you in court. Once given, you cannot take back your answers. It might feel uncooperative to assert these rights, but it’s actually patriotic.


News Hawk: Medical Need 420 MAGAZINE
Source: forfeiturereform.com
Author: Epean Thampy
Contact: Eapen@ForfeitureReform.com Americans for Forfeiture Reform
Copyright: 2011 Americans for Forfeiture Reform
Website: Breaking…DEA raids in Montana « Americans for Forfeiture Reform
 
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