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U.S. Attorney Melinda Haag sent the city of Oakland a strong message Wednesday: big industrial pot farms are illegal and the Department of Justice is considering "civil and criminal legal remedies" if Oakland proceeds with its plans to permit them.
In a letter obtained by The Bay Citizen, Haag wrote that the Department of Justice is "concerned" about Oakland's "licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law and threatens the federal government's efforts to regulate possession."
"Individuals who elect operate 'industrial cannabis cultivation and manufacturing facilities' will be doing so in violation of federal law," Haag wrote.
The owners, financiers and landlords of the pot farms would be in the sites of the DOJ, Haag wrote. "Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the [federal Controlled Substances Act]; civil fines; criminal prosecution; and forfeiture of any property used to facilitate violations of the CSA."
Oakland officials have been busy rewriting the pot growing plans in hopes that they would appease legal concerns. Oakland City Attorney John Russo warned the City Council that the feds had raised concerns with him, but this letter is the first written communication between the Department of Justice and the city on the matter.
At this point it is unclear whether the changes – which would shrink the size of the farms and require that they are owned by dispensaries – would assuage the concerns raised by the U.S. Attorney. The letter, dated Feb. 1 and received by the city Wednesday, is in response to a Jan. 14 letter from Russo seeking guidance from the feds on Oakland's pot farm legislation.
News Hawk: MedicalNeed 420 MAGAZINE
Source: baycitizen.org
Author: Zusha Elinson
Contact: The Bay Citizen | News, Culture, Community
Copyright: 2011 baycitizen.org
Website:DOJ to Oakland: Industrial Pot Farms Are Illegal - The Bay Citizen
In a letter obtained by The Bay Citizen, Haag wrote that the Department of Justice is "concerned" about Oakland's "licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law and threatens the federal government's efforts to regulate possession."
"Individuals who elect operate 'industrial cannabis cultivation and manufacturing facilities' will be doing so in violation of federal law," Haag wrote.
The owners, financiers and landlords of the pot farms would be in the sites of the DOJ, Haag wrote. "Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the [federal Controlled Substances Act]; civil fines; criminal prosecution; and forfeiture of any property used to facilitate violations of the CSA."
Oakland officials have been busy rewriting the pot growing plans in hopes that they would appease legal concerns. Oakland City Attorney John Russo warned the City Council that the feds had raised concerns with him, but this letter is the first written communication between the Department of Justice and the city on the matter.
At this point it is unclear whether the changes – which would shrink the size of the farms and require that they are owned by dispensaries – would assuage the concerns raised by the U.S. Attorney. The letter, dated Feb. 1 and received by the city Wednesday, is in response to a Jan. 14 letter from Russo seeking guidance from the feds on Oakland's pot farm legislation.
News Hawk: MedicalNeed 420 MAGAZINE
Source: baycitizen.org
Author: Zusha Elinson
Contact: The Bay Citizen | News, Culture, Community
Copyright: 2011 baycitizen.org
Website:DOJ to Oakland: Industrial Pot Farms Are Illegal - The Bay Citizen
