Commentary: Police chief warns property owners on laws regarding medical marijuana
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| Chief Rodney Jones of the Fontana Police Department is warning local property owners on laws regarding medical marijuana. |
By RODNEY JONES
There has been a proliferation of medical marijuana dispensaries throughout this region.
Fontana has not escaped this phenomenon. With the recent announcement from the United States Department of Justice about its enforcement action regarding these dispensaries, the penalties for ignoring state and federal laws are serious. It is important that property owners, especially, are aware of their responsibilities.
California allows marijuana to be used by people suffering from a serious or chronic condition if they have a recommendation from a physician that marijuana may be beneficial to their treatment plan. If the patient cannot grow the marijuana themselves, they can have a primary health care provider do it for them. There are even provisions whereby a group of patients can form cooperatives or collectives where they can grow the marijuana together.
California has never allowed for-profit storefront medical marijuana dispensaries. People who ignore this prohibition could suffer a variety of civil and/or criminal sanctions.
Marijuana is categorized as a Schedule I drug under the Controlled Substances Act (CSA), making it an illegal dangerous drug. It is a federal offense to manufacture, distribute, or possess with intent to distribute marijuana. Furthermore, also under the CSA, it is illegal to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances, including marijuana. Finally, the CSA provides that property used in any manner or part to commit or to facilitate the commission of a crime listed under the CSA shall be subject to forfeiture to the United States.
As I previously discussed, the Department of Justice has taken an active role in combating California’s illegal medical marijuana dispensaries. This includes notifying property owners that they have a short period of time to make sure their property is not used in an illegal manner. In some instances, where the property owner was already aware their property was being used illegally, they filed civil complaints in federal court seeking forfeiture of the property without a preliminary warning letter. Following is an excerpt from just such a letter:
“United States law takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana. Accordingly, it is not a defense to either the referenced crime or to the forfeiture of property that the dispensary is providing ‘medical marijuana.’ Even under these circumstances, an owner of real property with knowledge or reason to know of illegal marijuana distribution occurring on real property that he owns or controls may have his interest in the property forfeited to the government without compensation.”
It is imperative that property owners do not allow their property to be used in an illegal manner. Operators of medical marijuana dispensaries may offer to pay a higher rent for the use. As tempting as it may seem, it is not worth the risk.
(Rodney Jones is chief of the Fontana Police Department.)
Fontana has not escaped this phenomenon. With the recent announcement from the United States Department of Justice about its enforcement action regarding these dispensaries, the penalties for ignoring state and federal laws are serious. It is important that property owners, especially, are aware of their responsibilities.
California allows marijuana to be used by people suffering from a serious or chronic condition if they have a recommendation from a physician that marijuana may be beneficial to their treatment plan. If the patient cannot grow the marijuana themselves, they can have a primary health care provider do it for them. There are even provisions whereby a group of patients can form cooperatives or collectives where they can grow the marijuana together.
California has never allowed for-profit storefront medical marijuana dispensaries. People who ignore this prohibition could suffer a variety of civil and/or criminal sanctions.
It is important that our property owners are aware of the laws prohibiting the operation of a medical marijuana dispensary. As such, we have taken the extraordinary step of sending letters to most of our commercial and retail property owners so they don’t allow their property to be used for an illegal purpose.
Marijuana is categorized as a Schedule I drug under the Controlled Substances Act (CSA), making it an illegal dangerous drug. It is a federal offense to manufacture, distribute, or possess with intent to distribute marijuana. Furthermore, also under the CSA, it is illegal to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances, including marijuana. Finally, the CSA provides that property used in any manner or part to commit or to facilitate the commission of a crime listed under the CSA shall be subject to forfeiture to the United States.
As I previously discussed, the Department of Justice has taken an active role in combating California’s illegal medical marijuana dispensaries. This includes notifying property owners that they have a short period of time to make sure their property is not used in an illegal manner. In some instances, where the property owner was already aware their property was being used illegally, they filed civil complaints in federal court seeking forfeiture of the property without a preliminary warning letter. Following is an excerpt from just such a letter:
“United States law takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana. Accordingly, it is not a defense to either the referenced crime or to the forfeiture of property that the dispensary is providing ‘medical marijuana.’ Even under these circumstances, an owner of real property with knowledge or reason to know of illegal marijuana distribution occurring on real property that he owns or controls may have his interest in the property forfeited to the government without compensation.”
It is imperative that property owners do not allow their property to be used in an illegal manner. Operators of medical marijuana dispensaries may offer to pay a higher rent for the use. As tempting as it may seem, it is not worth the risk.
(Rodney Jones is chief of the Fontana Police Department.)
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