The Drug Enforcement Administration sent notification letters Thursday to the operators and property owners of 23 marijuana store fronts located in school zones across Western Washington ordering them to shut down or face federal enforcement action.
The letters informed the owner/operators that such enterprises operating as “dispensaries” within 1,000 feet of a school, playground or other prohibited area could result in the seizure and forfeiture of assets, as well as criminal prosecution, according to a Department of Justice media release.
The seizure could include the property where the storefront operates, any money received from the enterprise, and potential criminal prosecution. The letter informs dispensary operators and property owners to cease the sale and distribution of marijuana within 30 days.
Locations of the stores were not released by the DEA or U.S. Attorney’s Office.
“The letters were just mailed today (Thursday), so it would be inappropriate to provide location info before those impacted get the letters,” said Emily Langlie, spokeswoman for the Department of Justice.
Kent has at least one marijuana dispensary operating in town. Evergreen Association of Collective Gardens is at 124 Central Ave. N. It is unknown if Evergreen is on the DEA list. Mill Creek Middle School sits just down Central Avenue from Evergreen.
The city of Kent has banned medical marijuana dispensaries and collective gardens and remains in a court fight with Evergreen, which has sued the city in an effort to remain open.
Douglas Hiatt, an attorney who represents Evergreen and is the campaign chair of Sensible Washington, which supports legalizing marijuana, said the federal government is pushing hard to shut down medical marijuana stores.
“It’s quite clear at this point it’s an administration policy,” said Hiatt during a phone interview. “It’s identical to what’s happened in California. It’s a page right out of the federal playbook.”
Hiatt said he didn’t know yet if Evergreen in Kent falls under the policy.
“In California, people had to close down,” Hiatt said. “There’s no fighting this when the federal government is enforcing its policy.”
Jenny A. Durkan, U.S. Attorney for the Western District of Washington, released this statement:
“We all work hard to create a safe zone for kids in school,” Durkan said. “There is a reason that both federal and state laws prohibit sales of marijuana in school zones. We need to enforce one message for our students: drugs have no place in or near our schools.”
Hiatt said landlords that lease to the medical marijuana dispensaries kick the tenants out because of the DEA crackdown.
“There is no defense under the federal law,” Hiatt said.
Washington voters approved medical marijuana use, which has caused confusion about the legality of medical marijuana dispensaries across the state. Federal law still prohibits the use and sale of marijuana, even if for medical purposes.
Matthew G. Barnes, Special Agent in Charge of the Drug Enforcement Administration, Seattle Division, said:
“Today (Thursday), the DEA sent notifications to operators and property owners of publicly accessible marijuana storefronts to highlight potential criminal and civil penalties associated with the distribution of marijuana. These particular locations are close to schools and/or playgrounds and are operating in clear violation of federal and state law.
“Operation of any marijuana distribution storefront is illegal and undermines law enforcement’s efforts to regulate the possession, manufacturing and trafficking of controlled substances to keep our citizens safe. This letter seeks voluntary compliance with the law to prevent future exposure to criminal prosecution and/or civil forfeiture proceedings.
“I am confident that once notified of the ramifications and penalties associated with renting a property for marijuana distribution purposes, property owners will take appropriate steps to rectify the situation on their own. The DEA will not turn a blind eye to criminal organizations that attempt to use state or local law as a shield for their illicit drug trafficking activities.
“Additional notifications will be sent as necessary with follow-up action taken as warranted in coordination with the United States Attorney’s Office, Western District of Washington.”
Federal law, which prohibits the distribution, possession or manufacture of controlled substances, provides enhanced penalties when such activities occur near an educational facility or playground. Furthermore, federal law makes it illegal to knowingly and intentionally rent or lease property for the purpose of unlawfully distributing, possessing or manufacturing a controlled substance, and provides that real property used in such a manner can be forfeited to the United States.
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