Interesting... this comes just in time for the
Hinchey Medical Marijuana Amendment vote in congress this week.
Letter from DEA, LA Field Division, 255 E. Temple St, 17th Fl, LA 90012 (213) 621-6700
The DEA has determined you own, or have under your management or control, a building located at [ADDRESS]. The DEA has determined there is a marijuana dispensary, [NAME], operating on the property. This is a violation of federal law. Federal law 21 U.S.C. Sec. 56 (a) states:
"It shall be unlawful to knowingly and intentionally rent, lease or make available for use, with or without compensation, a building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance."
Federal law takes precedence over State law. It is not a defense to this crime or to the seizure of the property that the facility operating on the property is providing "medical marijuana" under California law including the provisions of California Prop. 215. Violation of this law is a felony crime, and carries with it a penalty of up to 20 years in prison.
In addition, federal law allows for the seizure of assets, including real property, which have been used in conjunction with the distribution of controlled substances. Specifically, 21 U.S.C. 881 (a) (7) states:
"The following shall be subject to forfeiture to the United States and no property right shall exist in them: All real property, including any right, title and interest (including any leasehold interest) in the whole of any lot or tract of land which is used in any manner or part, or to facilitate the commission of, a violation of this sub-chapter."
This letter shall serve as notice that, after a thorough investigation, the DEA has determined there is a marijuana dispensary operating on the above described property. By this notice, you have been made aware of the purposes for which the property is being used. You are further advised that violations of federal laws relating to marijuana may result in criminal prosecution, imprisonment, fines and forfeiture of assets.
For further information, please contact Acting Group Supervisor Deanne Reuter at (213) 621-6789.
Sincerely,
Timothy J. Landrum, Special Agent in Charge.
