CPCA MMD and Associated Issues Presentation_011

Home

1 Medical Marijuana Dispensaries and Associated Issues Presented to the California Chiefs of Police Association This report is respectfully presented to you with the following disclaimers; • This report does not attempt to address the merits of Medical Marijuana or the concept of its use as an alternative medicine as discussed or proposed in Proposition 215. • This report contains compilations of data collected by others in Law Enforcement as well as media coverage and this data is identified as such. This report contains information on three topics; • Reported Crimes Associated with Medical Marijuana • Doctor’s Involvement in the Medical Marijuana Equation • One Example of a Medical Marijuana Entrepreneur Areas that currently act as a hindrance to a true study of this topic are; Under Reporting: With few exceptions, agencies contacted stated that they felt that the crimes related to Medical Marijuana Dispensaries were under reported, if reported at all. Confidential Informants have provided information that these additional crimes (Robberies, Assaults and Burglaries involving Marijuana or large amounts of cash) are not reported so as to not draw additional Law Enforcement and Media scrutiny to this very lucrative trade. This is not unlike the thought processes employed by Organized Crime as well as street gangs here in California. Crime Classification: Another barrier to collection of this data is the lack of classification of this data as Medical Marijuana related. In years past, statistical analysis of domestic violence and hate crimes was difficult. These crimes now receive their own classification so tracking them is much easier. However until such time as Medical Marijuana crimes receive their own classification, separating these crimes from non Medical Marijuana related crimes is very difficult. Over Reliance on Typical Statistical Data: Gathering statistical data on this topic would appear to be a simple task. One would imagine that you would look at crime in a given location prior to the arrival of a Medical Marijuana Dispensary and then look at crime after its arrival. This presents several difficulties. First, based on Internet research, there appears to be approximately 240 publicized Medical Marijuana Dispensaries (www.canorml.org) located in almost as many jurisdictions. No one agency can access data from all these locations and not all agencies compile this data. I spoke with several agency representatives and each had information regarding this issue, however few had specific crime statistics. Secondly, not all crimes related to Medical Marijuana take place in or around a dispensary. Some take place at the homes of the owners, employees or patrons. Lastly, not all the “secondary issues” related to Medical Marijuana Dispensaries are crimes. 2 Loitering, additional vehicle and pedestrian traffic, use of Medical Marijuana at or near the facilities are described as quality of life issues and are only really quantified when they appear in the newspaper or the complainants appear at a City Council meeting. Prior to discussing the reports of other Law Enforcement agencies, I would like to present some information from our Department. While our City does not currently have a Medical Marijuana Dispensary, this does not mean that we are immune from their effects. On January 7, 2004 a resident of El Cerrito was arrested for possession of marijuana for sale. The subject was found to be in possession of 133 grams (4.6 ounces) of marijuana, a small amount of cash, a “replica handgun” pellet gun and three Medical Marijuana Dispensary cards (Oakland Cannabis Buyers Collective, Cannabis Buyers Collective of Marin and “Compassionate Caregivers” of Oakland) On February 25, 2005, the same subject mentioned above was discovered to be growing marijuana in his house. He was found to be in possession of 15 adult plants, 72 starter plants, 505 grams (1.10 lbs) of processed marijuana, 50 grams (1.75 oz) of hashish packaged for sale and two assault rifles as well as $6,000.00 in cash. The subject claimed that these plants were Medical Marijuana. An investigation was conducted with the assistance of the West Contra Costa County Narcotic Enforcement Team and resulted in the conviction of the resident for Unauthorized Possession of Cannabis and Possession of an Assault Weapon. On July 9, 2005, during a suspicious vehicle check, one of our Officers determined that a resident (Who is a member of the Oakland Cannabis Buyers Cooperative) possessed 55 immature plants with the intent of cultivating them and selling them to a Medical Marijuana Dispensary. The District Attorney has filed a complaint containing two felony charges of possession and cultivation of Marijuana. This case is awaiting adjudication as the subject has failed to appear in court (it is believed he has fled to the state of Oregon) and a bench warrant has been issued for his arrest. On December 11, 2005, a traffic stop for speeding resulted in the arrest of the occupants for the possession on Marijuana packaged for sale and $3,365.00 in cash. On March 8, 2006 our School Resource Officer received information that several students were ill after eating cookies distributed by another student. Further investigation revealed that a student had made the cookies with a butter obtained outside (secondary sale) a Medical Marijuana Dispensary containing a highly concentrated form of Tetrahydrocannabinol (THC the active ingredient in Marijuana). The student used the “butter” to bake and then sell these cookies to other students. After the student discovered that the cookies were so potent that some of his fellow students had to be treated at local hospitals, instead of throwing them away, he gave them to other students without telling them what they were laced with. This incident resulted in at least four students requiring hospitalization and it is suspected at least two or three others were intoxicated to the point of sickness. 3 From March of 2004 to May of 2006, this Department has conducted seven investigations at our High School and Junior High School resulting in the arrest of eight juveniles for selling or possessing with intent to sell Marijuana on or around the school campuses. Gathering the data from these incidents required hours of research and examination. Many agencies have neither the available resources nor the inclination to gather data of this kind. This makes presenting the data for consideration in this matter very difficult. Another area of importance is the possession of firearms in conjunction with large quantities of cash and marijuana. Those who have the money and drugs want to keep them and arm themselves to prevent robberies. Those who wish to relieve those in possession of cash and drugs use firearms and other deadly weapons to accomplish their task. When speaking to those involved in the drug trade, they will tell you violence and greed are “all just part of the game.” With the exception of those entries identified from other sources, I contacted and interviewed representatives from each of the listed agencies. I have included newspaper articles that either further describe events or provide additional information regarding some of the “secondary issues”. ANAHEIM May 19, 2004 a Medical Marijuana Dispensary “420 Primary Caregivers” obtained a business license and began operations. Fall 2004, The Police Department began to receive complaints from neighboring businesses in the complex. The complaints centered around the ongoing sales of Marijuana to subjects who did not appear to be physically ill, the smell of Marijuana inside the ventilation system off the building and the repeated interruption to neighboring businesses. January 2005, The Medical Marijuana Dispensary was robbed at gunpoint by three masked subjects who took both money and marijuana from the business. April 5, 2005, The Department met with the property Management Company, owners and representatives from the businesses in the complex which housed the Medical Marijuana Dispensary. The meeting focused on the safety of the employees and patrons of adjacent businesses. Many neighboring businesses complained of Marijuana use on the premises and in the surrounding area as well as a loss of business based on the clientele of the Medical Marijuana Dispensary “hanging around the area”. Since this meeting, two businesses have ended their lease with the property management company. A law firm that had been in that location for ten years left citing “Marijuana smoke had inundated their office….and they can no longer continue to provide a safe, professional location for their clientele and employees.” A health oriented business terminated their lease after six years and moved out of the complex citing “their business is repeatedly interrupted and mistaken multiple times a day for “the store that has the marijuana.” 4 The owner fears that “he or his employees may be shot if they are robbed by mistake and the suspects do not believe they do not have Marijuana.” The Property Management Company indicated “at least five other businesses have inquired about terminating their lease for reasons related to 420 Primary Caregivers.” Arrests have been made supporting the belief that some “qualifying patients” purchase Marijuana with a doctor’s recommendation, then supply it to their friends for illicit use. Criminal investigations have revealed the business is obtaining its Marijuana from a variety of sources including Marijuana smuggled into the United Sates from South and Central America. The Police department has conservatively estimated the “420 Primary Caregivers” business to be generating approximately $50,000.00 a week in income. (Source Declaration of Sgt. Tim Miller Anaheim P.D. Street narcotic Unit) ALAMEDA COUNTY January 12, 2005 a Medical Marijuana customer was robbed after leaving the “The Health Center” Medical Marijuana Dispensary (San Leandro). The victim was accosted by two subjects who possibly followed the victim away from the dispensary. February 6, 2005 a Medical Marijuana Dispensary, the “Compassion Collective of Alameda County” was robbed by two subjects armed with handguns. The robbery took place at 4:50 pm in the afternoon and the suspects took an unspecified amount of cash and Marijuana. April 27, 2005 a Medical Marijuana Dispensary, “The Health Center” (San Leandro) was burglarized at approximately 3:05 am. No specifics were provided as to the loss sustained as a result of the burglary. Many investigators believe that the victims do not truthfully report the loss of cash or marijuana. May 24, 2005 a patron of a Medical Marijuana Dispensary, “A Natural Source” (San Leandro) was robbed by three subjects in the parking lot of the dispensary after making a purchase of Marijuana. August 19, 2005: Five subjects armed with assault rifles conducted a take over robbery of a Medical Marijuana Dispensary “A Natural Source” (San Leandro). They engaged in a shoot out with two employees and one of the suspects was killed in the exchange of gun fire. Sept. 12, 2005: Both money and marijuana were stolen from the Alameda County Resource Center (16250 East 14th St.) when burglars chopped through the wall of an adjacent fellowship hall during the night. (Source Declaration by Lt. Dale Amaral Alameda County Sheriff’s Department) Calls for Service Related to Medical Marijuana Dispensaries (Unincorporated San Leandro and Hayward) Officer Initiated events may be vehicle stops or on-view arrests. 16043 East 14th Street: 2003: 2 Officer Initiated activity events, 2004: 1 Officer Initiated activity events. This business is now closed. 5 21227 Foothill Blvd “Garden of Eden” 2003: 1 Officer initiated activity events, 2004: No calls for service, 2005: 1 Theft call, 4 alarm calls, 1 Officer Initiated activity events. 913 E. Lewelling Blvd. “We are Hemp” 2003: 1 Officer initiated activity event, 2004: 1 Assault call, 2 Officer Initiated activity events, 2005: 1 Assault call, 1 Officer Initiated activity event. 16250 East 14th Street: 2003: 11 Officer initiated activity events, 2004: 3 loitering calls, 9 Officer initiated activity events, 2005: 5 Officer initiated activity events. 15998 East 14th Street: “The Health Center” 2003: 1 Officer initiated activity event, 2004: 1 Trespassing call, 1 Assault, 2 Disturbance calls, 2 Miscellaneous, 26 Officer initiated events, 2005: 1 Robbery, 1 Aggravated Assault, 1 Grand Theft, 3 Petty Thefts, 2 Vehicle Thefts, 4 Trespassing calls, 5 Loitering calls, 1 Weapons Possession, 2 Controlled Substance cases, 4 Alarm calls, 9 Disturbance calls, 3 Miscellaneous calls and 21 Officer Initiated events. 16360 Foothill Blvd: 2003: 1 Officer initiated activity event, 2004: 2 Officer initiated activity events, 2005: 1 Homicide, 2 Aggravated Assaults, 1 Grand Theft, 1 Controlled Substance case, 13 alarm calls, 2 Officer Initiated events. 21222 Mission Blvd: “Compassionate Collective of Alameda County” 2003: 2 Officer Initiated events, 2004: 5 Officer Initiated events, 2005: 1 Attempted Homicide, 2 Robberies, 2 Burglaries, 2 Controlled Substance cases, 10 Alarm calls, 2 Disturbance calls, 1 Miscellaneous calls and 2 Officer Initiated events. (Source Alameda County Sheriff’s Department Report) Car Jacking Latest Pot Club Crime Linda Sandsmark San Leandro Times (Excerpt from the article) San Leandro, CA Sept 29, 2005 --A woman was carjacked and robbed Monday afternoon after she left The Health Center (THC) marijuana club at 15998 East 14th Street. The unidentified woman, who is from Garberville in Humboldt County, walked back toward the clinic and her car was found on nearby Liberty Street. “She doesn’t want to pursue a criminal complaint in spite of the fact she was carjacked,” says Alameda County Sheriff’s Department spokesman Lt. Dale Amaral. “When you have this kind of drug distribution center it’s an absolute magnet for every thug in the nine Bay Area counties. We’re running from call to call.” Crimes including burglaries and robberies at many of the dispensaries have caused widespread community concern. …..It’s a targetrich environment,” says Amaral. “The sheriff’s department is devoting a tremendous amount of resources to these clubs. Though the clubs may not be selling directly to students, the county’s School Resource Officers report a 36-percent increase in arrests on nearby school campuses for minors possessing marijuana, possibly due to increased supply in the area. (Source http://www.hempevolution.org/thc/dispensary_robbed040514.htm) 6 ARCATA • There are two dispensaries in town that share a building. • The two dispensaries have an ongoing disagreement with each other that has resulted in numerous calls for police services to settle disputes. • The facilities do not have the correct electrical support and continuously blow out the electricity in the area. They have not complied with upgrading their electrical systems or responded to fire department concerns regarding proper exits and signage. • There have been numerous instances where people have purchased marijuana at the dispensary and then resold it at a nearby park. • A doctor has come to the dispensaries and, for a fee, will provide a medicinal marijuana recommendation for just about any complaint the patient makes. (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BAKERSFIELD Sep 8th, 2005. DEA arrested three subjects in raid on the Free and Easy cannabis dispensary. Kern County sheriffs summoned the DEA after being called to investigate a robbery at the the facility. Police found plants growing at one subject’s home plus 20 lbs of marijuana, and illegally possessed firearms. . (Source) http://www.canorml.org/news/fedMedical Marijuanacases.html BERKELEY March 30, 2000: Two males armed with sawed off shotguns forced entry into a residence and forced the occupant at gun point to turn over a safe. A subsequent investigation revealed that a second resident who was not home at the time was a former director of a Medical Marijuana Dispensary and was the intended target of the robbery. October 2001, December 2001 and June 2002: The Medical Marijuana Dispensary on University was robbed. Larges sums of money and Marijuana taken. March 2003: A home invasion robbery over marijuana cultivation escalated into a homicide. December 2003: The Medical Marijuana Dispensary on Telegraph was robbed. (No further info provided) April 2004: A home invasion robbery investigation resulted in the seizure of $69,000.00, ten pounds of Marijuana and a “Tech 9” machine pistol. “While recognizing the medical needs of the cannabis using patients, staff is concerned about the potential for crime and violence associated with the distribution and cultivation of Marijuana” (Source) City Manager’s report to the Berkeley City Council 7 Pot club robbed for third time in a year (Excerpts from the Article) By David Scharfenberg, Daily Planet staff (06-07-02) Club had promised to limit amount of cash, marijuana stashed there Four men stole $1,500 and $3,500 worth of marijuana from the Berkeley Medical Herbs pot club yesterday after two of them were allowed on site without proper identification. The afternoon heist renewed concerns about the integrity of the club’s security and reignited some anger in the neighborhood. This incident marks the third time in a year robbers have stormed the medicinal marijuana club, located in a small brick building at 1627 University Avenue. The last robbery, in December, prompted a rash of concern from city officials about security at the club. “The guys who robbed it ran out with a big satchel,” the neighbor said, adding that he disapproves of the marijuana club. “This is a very attractive place for other drug dealers to rob. It’s not something we want in our neighborhood.” Geshuri acknowledged that a few neighbors are opposed to the club, but said most of the residents support Medical Herbs in its mission. The club had pledged after the December robbery to keep no more than $1,000 and one pound of marijuana on site. But Geshuri said the robbers on Wednesday made off with $500 more than that and as much as a pound-and-a-half of marijuana. The witness opposed to the club said theft proves that management is not keeping its pledge to prevent robberies and ensure safety. Berkeley • Has had three to four facilities operating in the City. (Over the last 3-4 years). • There have been several take over robberies of the dispensaries. • There have been arrests where legitimate purchasers have resold marijuana on the street to well individuals. • Obvious young people entering and purchasing marijuana from the dispensary. • Recommended that if we did not currently have the dispensaries, we should not allow them. • Police department has been given explicit instructions by their City Council not to take any kind of enforcement action against the dispensaries or people going in or out of the facility. • Facilities will accept any Health Department cards, even those obviously forged or faked. (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BUTTE COUNTY Butte County does not track statistics related to Medical Marijuana Dispensaries, however a Detective in the Investigations Unit knew of; At least six robberies or attempts, one of which involved a shoot out between the suspect and victim occurred during the months of August to October 2005. Each of these robberies took place at the victim’s residence and the target was the victim’s marijuana cultivation. He stated that this is the busy time of year for these activities as it is harvest time for the Marijuana grows. (Source Det. Jake Hancock Butte County Sheriff’s Department) 8 CALAVARAS COUNTY Jan. 2005. Federal government files forfeiture suit after local sheriff finds 134 marijuana plants. Government seeks to forfeit a home and five acres of land. The defendant says he was growing for half a dozen friends and family members and had checked with local authorities to make sure he was within legal guidelines. (Source http://www.canorml.org/news/fedMe dical Marijuanacases.html) CHERRYLAND Cherryland, CA June 30, 2005 --An employee of a marijuana dispensary narrowly escaped with his life after a gunman opened fire as he waited outside the establishment for co-workers to arrive. The employee, whom authorities declined to identify, was sitting inside his car in the rear parking lot of the Collective Cannabis Club at 21222 Mission Boulevard on Tuesday morning when a masked gunman appeared, said Lt. Dale Amaral, spokesman for the Alameda County Sheriff's Department. (Source http://www.hempevolution.org/media/santa _cruz_sentinel/scs041213.htm) CLEAR LAKE There have been a few reported robberies of Medical Marijuana patients away from the dispensaries. One significant case involved home invasion robbery. Multiple suspects entered the home of a person who was known to be a Medical Marijuana user. During the robbery, one resident was beaten with a baseball bat while the suspects made inquires regarding the location of the marijuana. Two of the suspects were shot and killed by the homeowner. (Source Clear Lake P.D. Inv. Clawson) CLOVIS In December of 2005 the Clovis Police Department in conjunction with the Fresno County Sheriff’s Department conducted an investigation which resulted in the arrest of a subject for possession of 120 pounds of marijuana. The subject of the investigation was found to have a Medical Marijuana card which helped facilitate his possession and sales of marijuana. (source www.ci.clovis.ca.us/PressRelesaseDetai l.asp?ID=838) DAVIS (Excerpts from Staff Report to Davis City Council: Medical Marijuana June 13, 2005) In summary, the experiences of other cities that already have dispensaries are bad. Dispensaries have experienced robberies themselves; legitimate patients have been robbed of their marijuana as they leave the facility; people purchasing marijuana at the dispensaries have been caught reselling the marijuana nearby; street level dealers have begun selling marijuana and other drugs nearby in an effort to undersell the dispensary; some dispensaries have doctors present in their facility who will recommend marijuana as a course of treatment for just about any patient complaint; and many dispensaries do not take serious steps to ensure they are selling only to legitimate patients or their caregivers. When asked, many of the police departments that already have facilities in their cities said that if Davis did not already have a dispensary, we should take steps to prohibit one from opening in the city. 9 DIXONVILLE August 25, 2006: Medical Marijuana cardholder caught with 200 pounds of pot. A Medical Marijuana cardholder was caught with 120 pounds of processed marijuana, 80 pounds of marijuana butter, 10 grams of hashish, 45 large cannabis plants and several psilocybin mushrooms. The Douglas Interagency Narcotics Team found some of the pot packaged for sale and $7,000 worth of cash at the home of Dwight Ehrensing off Strader Road, north of Buckhorn Road in Dixonville. Ehrensing, 61, was arrested and booked at the Douglas County Jail on charges of delivery of marijuana and the manufacture and possession of marijuana. The narcotics team was given a search warrant after receiving a tip that Ehrensing was selling marijuana, which isn't allowed, even for Medical Marijuana cardholders. "We're finding it's becoming more common," said DINT Lt. Curt Strickland. "People are using the cards to circumvent the law." DINT was assisted at the scene by the Douglas County Sheriff's Office, Oregon State Police, parole and probation officers. Source: http://www.newsreview.info/article/20060825/NEWS/108250091 EL DORADO COUNTY Medical Marijuana Dispensary operated Medical Marijuana clinic in Cool, California with 6000 patients; DEA raided Sep. 28, 2001; seized patient records. Indicted Jun 22, 2005 for marijuana found on premises. (Source http://www.canorml.org/news/fedMedical Marijuanacases.html) FAIRFAX • Chief of Police Ken Hughes, advised the following: • Fairfax has one marijuana dispensary • Fairfax has had some problems with patients selling to non-patients • They have had problems with purchasers from dispensary congregating at a baseball field to smoke their marijuana • Fairfax police arrested one person who purchased marijuana at the dispensary and then took it to a nearby park where he tried to trade it to a minor for sex • Very small town and low crime rate (Source Rocklin P.D. report) HAYWARD P.D. • Acting Chief Lloyd Lowe, advises the following: • Hayward has three dispensaries total, two legal under local ordinance and one illegal. • They have had robberies outside the dispensaries • They have noticed more and more people hanging around the park next to one of the dispensaries and learned that they were users in between purchases • They have problems with user recommendation cards – not uniform, anyone can get them • One illegal dispensary sold coffee, marijuana and hashish – DA would prosecute the hashish sales and possession violations after arrests were made • They have received complaints that other illegal drugs are being sold inside of dispensaries 10 • The dispensaries are purchasing marijuana from growers that they will not disclose • Chief Lowe believes that the dispensaries do not report problems or illicit drug dealers around their establishments because they do not want the police around • Hayward Police arrested a parolee attempting to sell three pounds of marijuana to one of the dispensaries • Hayward has recently passed an ordinance that will make marijuana dispensaries illegal under zoning law in 2006 (Information provided by Rocklin P.D. report) HUMBOLDT COUNTY One subject arrested in Humboldt County Aug 01, 2001 growing 204 plants for the Salmon Creek patients' collective; case turned over to the feds, pled guilty Dec 6; sentenced to 15 months for possession. Released from prison May 2003. This subject is now missing and presumed dead since Aug 2003; police suspect foul play. (Source http://www.canorml.org/news/fedMedical Marijuanacases.html) 12/12/2003 Subject: Attempted Murder Suspects Arrested Contact: Brenda Gainey, Case No#: 200308180, Location: Garberville Humboldt County Sheriff’s Deputies arrested two Garberville men last night wanted in connection with an attempted murder case from Mendocino County. Yesterday afternoon the Mendocino Sheriff’s Office received a report of a shooting in Willits. Detectives from Mendocino learned that the victim, Jarron Jackson, 38 of Antioch, had been shot once in the arm during a robbery at a residence in Willits. Mendocino County Sheriff’s Detectives learned the identities of the two suspects and issued a “Be On the Lookout” bulletin to Northern California police agencies. The bulletin also indicated that the two suspects were residents of Garberville. Late yesterday evening Humboldt County Sheriff’s Deputies and officers from the California Highway Patrol went to the suspects’ residence on the 1400 block of Redwood Dr. in Garberville. Arrested at the house were Charles Magpie, 26, and Rudolph King, 28. Both men were taken into custody without incident. While waiting for Mendocino County Officials to arrive at the scene, Humboldt County Deputies received consent to search the house from one of the residents. Deputies found a sophisticated indoor commercial marijuana grow. Members of the Sheriff’s Drug Enforcement Unit were called and found the following: 􀀁 Twenty-eight pounds of processed marijuana; estimated street value of $100,000. 􀀁 One thousand growing marijuana plants ranging in size from six inches to two feet; estimated street value of $875,000. 􀀁 Two shotguns 􀀁 Approximately $16,000 in cash Date Released: 6/2/2006 Subject: Marijuana Investigation Contact: Deputy Campbell Case No#: 200603240 Locations: Swayback Ridge On 6/1/06, Sheriff's deputies were conducting follow up to a residential burglary that occurred in the Swayback Ridge area of Humboldt County. While attempting to contact persons who may have had knowledge about the burglary, a commercial indoor marijuana operation was discovered. 11 The Sheriff's Drug Enforcement Unit, assisted by the Drug Enforcement Administration and the Bureau of Narcotics Enforcement, served a search warrant on the property. Law Enforcement seized 570 marijuana plants, 1.5 pounds of processed marijuana, and three rifles. Suspect information was obtained, and warrants are being sought at this time. (Source http://www.co.humboldt.ca.us/sh eriff/pressreleases) KERN COUNTY July 20, 2005. The director of American Kenpo Kungfu School of Public Health was arrested for cultivating over 2,000 plants