CPCA White Paper on Marijuana Dispensaries

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law immunities available to local legislators, discussed above, state law immunities provide some protection for local legislators. Local legislators are certainly immune from civil liability relating to legislative acts; it is unclear, however, whether they would also be immune from criminal liability. (Steiner v. Superior Court, 50 Cal.App.4th 1771 (assuming, but finding no California authority relating to a "criminal" exception to to absolute immunity for legislators under state law).)5 Given the apparent state of the law, local legislators could only be certain that they would be immune from civil liability and could not be certain that 5 Although the Steiner Court notes that "well-established federal law supports the exception," when federal case authority is applied in a state law context, there may be a different outcome. Federal authorities note that one purpose supporting criminal immunity as to federal legislators from federal prosecution is the separation of powers doctrine, which does not apply in the context of federal criminal prosecution of local legislators. However, if a state or county prosecutor brought criminal charges against a local legislator, the separation of powers doctrine may bar such prosecution. (Cal. Const., art. III, sec. 3.) As federal authorities note, bribery, or other criminal charges that do not depend upon evidence of, and cannot be said to further, any legislative acts, can still be prosecuted against legislators. (See Bruce v. Riddle (4th Cir. 1980) 631 F.2d 272, 279 ["Illegal acts such as bribery are obviously not in aid of legislative activity and legislators can claim no immunity for illegal acts."]; United States v. Brewster, 408 U.S. 501 [indictment for bribery not dependent upon how legislator debated, voted, or did anything in chamber or committee; prosecution need only show acceptance of money for promise to vote, not carrying through of vote by legislator]; United States v. Swindall (11th Cir. 1992) 971 F.2d © 2009 California Police Chiefs Assn. 37 All Rights Reserved they would be at all immune from criminal liability under state law. However, there would not be any criminal violation if an ordinance adopted by a local public entity were in compliance with the CUA and the MMPA. An ordinance authorizing and regulating medical marijuana would not, by virtue solely of its subject matter, be a violation of state law; only if the ordinance itself permitted some activity inconsistent with state law relating to medical marijuana would there be a violation of state law that could subject local legislators to criminal liability under state law. QUESTION 3. If the governing body of a city, city and county, or county approves an ordinance authorizing and regulating marijuana dispensaries to implement the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, and subsequently a particular dispensary is found to be violating state law regarding sales and trafficking of marijuana, could an elected official on the governing body be guilty of state criminal charges? ANSWER 3. After adoption of an ordinance authorizing or regulating marijuana dispensaries, elected officials could not be found criminally liable under state law for the subsequent violation of state law by a particular dispensary. ANALYSIS Based on the state law provisions referenced above relating to aiding and abetting, it does not seem that a local public entity would be liable for any actions of a marijuana dispensary in violation of state law. Since an ordinance authorizing and/or regulating marijuana dispensaries would necessarily only be authorizing and/or regulating to the extent already permitted by state law, local elected officials could not be found to be aiding and abetting a violation of state law. In fact, the MMPA clearly contemplates local regulation of dispensaries. (Cal. Health & Safety Code sec. 11362.83 ("Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this this article.").) Moreover, as discussed above, there may be legislative immunity applicable to the legislative acts of individual elected officials in adopting an ordinance, especially where it is consistent with state law regarding marijuana dispensaries that dispense crude marijuana as medicine. 1531, 1549 [evidence of legislative acts was essential element of proof and thus immunity applies].) Therefore, a criminal prosecution that relates solely to legislative acts cannot be maintained under the separation of powers rationale for legislative immunity. © 2009 California Police Chiefs Assn. 38 All Rights Reserved QUESTION 4. Does approval of such an ordinance open the jurisdictions themselves to civil or criminal liability? ANSWER 4. Approving an ordinance authorizing or regulating marijuana dispensaries may subject the jurisdictions to civil or criminal liability. ANALYSIS Under federal law, criminal liability is created solely by statute. (Dowling v. United States (1985) 473 U.S. 207, 213.) Although becoming more rare, municipalities have been, and still may be, criminally prosecuted for violations of federal law, where the federal law provides not just a penalty for imprisonment, but a penalty for monetary sanctions. (See Green, Stuart P., The Criminal Prosecution of Local Governments, 72 N.C. L. Rev. 1197 (1994) (discussion of history of municipal criminal prosecution).) The CSA prohibits persons from engaging in certain acts, including the distribution and possession of Schedule I substances, of which marijuana is one. (21 U.S.C. sec. 841.) A person, for purposes of the CSA, includes "any individual, corporation, government or governmental subdivision or agency, business trust, partnership, association, or other legal entity." (21 C.F.R. sec. 1300.01 (34). See also 21 C.F.R. sec. 1301.02 ("Any term used in this part shall have the definition set forth in section 102 of the Act (21 U.S.C. 802) or part 1300 of this chapter.").) By its very terms, then, the CSA may be violated by a local public entity. If the actions of a local public entity otherwise satisfy the requirements of aiding and abetting a violation of the CSA, as discussed above, then local public entities may, indeed, be subject to criminal prosecution for a violation of federal law. Under either federal or state law, local public entities would not be subject to civil liability for the mere adoption of an ordinance, a legislative act. As discussed above, local legislators are absolutely immune from civil liability for legislative acts under both federal and state law. In addition, there is specific immunity under state law relating to any issuance or denial of permits. QUESTION 5. Does the issuance of a business license to a marijuana dispensary involve any additional civil or criminal liability for a city or county and its elected governing body? ANSWER 5. Local public entities will likely not be liable for the issuance of business licenses to marijuana dispensaries that plan to dispense crude marijuana as medicine. © 2009 California Police Chiefs Assn. 39 All Rights Reserved ANALYSIS Business licenses are imposed by cities within the State of California oftentimes solely for revenue purposes, but are permitted by state law to be imposed for revenue, regulatory, or for both revenue and regulatory purposes. (Cal. Gov. Code sec. 37101.) Assuming a business license ordinance is for revenue purposes only, it seems that a local public entity would not have any liability for the mere collection of a tax, whether on legal or illegal activities. However, any liability that would attach would be analyzed the same as discussed above. In the end, a local public entity could hardly be said to have aided and abetted the distribution or possession of marijuana in violation of the CSA by its mere collection of a generally applicable tax on all business conducted within the entity's jurisdiction. OVERALL FINDINGS All of the above further exemplifies the catch-22 in which local public entities are caught, in trying to reconcile the CUA CUA and MMPA, on the one hand, and the CSA on the other. In light of the existence of the CUA and the MMPA, and the resulting fact that medical marijuana is being used by individuals in California, local public entities have a need and desire to regulate the location and operation of medical marijuana facilities within their jurisdiction.6 102 However, because of the divergent views of the CSA and California law regarding whether there is any accepted "medical" use of marijuana, state and local legislators, as well as local public entities themselves, could be subject to criminal liability for the adoption of statutes or ordinances furthering the possession, cultivation, distribution, transportation (and other act prohibited under the CSA) as to marijuana. Whether federal prosecutors would pursue federal criminal charges against state and/or local legislators or local public entities remains to be seen. But, based on past practices of locally based U.S. Attorneys who have required seizures of large amounts of marijuana before federal filings have been initiated, this can probably be considered unlikely. 6 Several compilations of research regarding the impacts of marijuana dispensaries have been prepared by the California Police Chiefs Association and highlight some of the practical issues facing local public entities in regulating these facilities. Links provided are as follows: "Riverside County Office of the District Attorney," [White Paper, Medical Marijuana: History and Current Complications, September 2006];"Recent Information Regarding Marijuana and Dispensaries [El Cerrito Police Department Memorandum, dated January 12, 2007, from Commander M. Regan, to Scott C. Kirkland, Chief of Police]; "Marijuana Memorandum" [El Cerrito Police Department Memorandum, dated April 18, 2007, from Commander M. Regan, to Scott C. Kirkland, Chief of Police]; "Law Enforcement Concerns to Medical Marijuana Dispensaries" [Impacts of Medical Marijuana Dispensaries on communities between 75,000 and 100,000 population: Survey and council agenda report, City of Livermore]. © 2009 California Police Chiefs Assn. 40 All Rights Reserved CONCLUSIONS In light of the United States Supreme Court’s decision and reasoning in Gonzales v. Raich, the United States Supremacy Clause renders California’s Compassionate Use Act of 1996 and Medical Marijuana Program Act of 2004 suspect. No state has the power to grant its citizens the right to violate federal law. People have been, and continue to be, federally prosecuted for marijuana crimes. The authors of this White Paper conclude that medical marijuana is not legal under federal law, despite the current California scheme, and wait for the United States Supreme Court to ultimately rule on this issue. Furthermore, storefront marijuana businesses are prey for criminals and create easily identifiable victims. The people growing marijuana are employing illegal means to protect their valuable cash crops. Many distributing marijuana are hardened criminals.103 Several are members of stepped criminal street gangs and recognized organized crime syndicates, while others distributing marijuana to the businesses are perfect targets for thieves and robbers. They are being assaulted, robbed, and murdered. Those buying and using medical marijuana are also being victimized. Additionally, illegal so-called "medical marijuana dispensaries" have the potential for creating liability issues for counties and cities. All marijuana dispensaries should generally be considered illegal and should not be permitted to exist and engage in business within a county’s or city’s borders. Their presence poses a clear violation of federal and state law; they invite more crime; and they compromise the health and welfare of law-abiding citizens. © 2009 California Police Chiefs Assn. 41 All Rights Reserved ENDNOTES 1 U.S. Const.. art. VI, cl. 2. 2 U.S. Const., art. I, sec. 8, cl. 3. 3 Gonzales v. Raich (2005) 125 S.Ct. 2195 at p. 2204. 4 Gonzales v. Raich. See also United States v. Oakland Cannabis Buyers’ Cooperative (2001) 121 S.Ct. 1711, 1718. 5 Gonzales v. Raich (2005) 125 S.Ct. 2195; see also United States v. Oakland Cannabis Buyers’ Cooperative 121 S.Ct. 1711. 6 Josh Meyer & Scott Glover, “U.S. won’t prosecute medical pot sales,” Los Angeles Times, 19 March 2009, available at http://www.latimes.com/ne ws/local/la-me-medpot19-2009mar19,0,4987571.story 7See People v. Mower (2002) 28 Cal.4th 457, 463. 8 Health and Safety Code section 11362.5(b) (1) (A). All references hereafter to the Health and Safety Code are by section number only. 9 H&S Code sec. 11362.5(a). 10 H&S Code sec. 11362.7 et. seq. 11 H&S Code sec. 11362.7. 12 H&S Code secs. 11362.71–11362.76. 13 H&S Code sec. 11362.77. 14 H&S Code secs. 11362.765 and 11362.775; People v. Urziceanu (2005) 132 Cal.App.4th 747 at p. 786. 15 H&S Code sec. 11362.77; whether or not this section violates the California Constitution is currently under review by the California Supreme Court. See People v. Kelly (2008) 82 Cal.Rptr.3d 167 and People v. Phomphakdy (2008) 85 Cal.Rptr. 3d 693. 16 H&S Code secs. 11357, 11358, 11359, 11360, 11366, 11366.5, and 11570. 17 H&S Code sec. 11362.7(h) gives a more comprehensive list – AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, seizures, severe nausea, and any other chronic or persistent medical symptom that either substantially limits the ability of a person to conduct one or more life activities (as defined in the ADA) or may cause serious harm to the patient’s safety or physical or mental health if not alleviated. 18 People v. Mower (2002) 28 Cal.4th 457 at p. 476. 19 Id. Emphasis added. 20 Packel, Organization and Operation of Cooperatives, 5th ed. (Philadelphia: American Law Institute, 1970), 4-5. 21 Sam Stanton, “Pot Clubs, Seized Plants, New President—Marijuana’s Future Is Hazy,” Sacramento Bee, 7 December 2008, 19A. 22 For a statewide list, see http://canorml.org/prop/cbclist.html. 23 Laura McClure, “Fuming Over the Pot Clubs,” California Lawyer Magazine, June 2006. 24 H&S Code sec. 11362.765(c); see, e.g., People v.Urziceanu, 132 Cal.App.4th 747 at p. 764. 25 Gonzales v. Raich, supra, 125 S.Ct. at page 2195. 26 People v. Urziceanu (2005) 132 Cal.App.4th 747; see also H&S Code sec. 11362.765. 27 Israel Packel, 4-5. Italics added. 28 H&S Code sec. 11362.7(d)(1). 29 See, e.g., McClure, “Fuming Over Pot Clubs,” California Lawyer Magazine, June 2006. 30 H&S Code secs. 11362.5(e) and 11362.7(d)(1), (2),(3), and (e); see also People ex rel. Lungren v. Peron (1997) 59 Cal.App.4th 1383, 1395. 31 People v. Mower, 28 Cal.4th at 476. Emphasis added. 32 Glenda Anderson, “Laytonville Marijuana Guru Shot to Death: 2 Others Beaten in Home; No Suspects but Officials Believe Killing Related to Pot Growing,” Santa Rosa Press Democrat, 19 November 2005, available at http://www1.pressdemocrat.com/apps/pbcs.dll/article?AID=/20051119/NEWS/511 190303/1033/33 “Medical Marijuana Shop Robbed,” Santa Barbara Independent, 10 August 2006, available at http://independent.com/news/2006/aug/10/medical-marijuana-shop-robbed/34 Mark Scaramella, “No Good Deed Goes Unpunished,” Anderson Valley Advertiser, 16 June 2004, available at http://www.theava.com/04/0616-cerelli.html © 2009 California Police Chiefs Assn. 42 All Rights Reserved 35 Ricci Graham, “Police Arrest Suspect in Deadly San Leandro Pot Club Robbery,” Oakland Tribune, 8 August 2006, available at http://findarticles.com/p/articles/mi_qn4176/is_20060808/ai_n16659257 36 Ricci Graham, “Man Faces Murder Charge in Pot Robbery,” Oakland Tribune, 24 August 2005, available at http://www.highbeam.c om/doc/1P2-7021933.html 37 Ricci Graham, “Another Medical Marijuana Clinic Robbed,” Oakland Tribune, 10 September 2005, available at http://findarticles.com/p/articles/mi_qn4176/is_20050910/ai_n15809 189/print 38Laura Clark, “Pot Dispensary Owner Slain at Home.” Ukiah Daily Journal, 19 November 2007, available at http://www.marijuana.com/drug-war-headline-news/24910-ca-pot-dispensary-owner-slain- home.html 39 Laura Clark, “Breaking News: Medical Marijuana Supplier Les Crane Killed,” Ukiah Daily Journal, 19 November 2005; Laura Clark, “Les Crane Murder Investigation Continues,” Ukiah Daily Journal, 27 November 2005; Glenda Anderson, “Laytonville Marijuana Guru Shot to Death,” Santa Rosa Press Democrat, 19 November 2005; Glenda Anderson, “Pot Activist Likely Knew Killers: Police Believe Gunmen Who Robbed Laytonville Man Familiar With Home,” Santa Rosa Press Democrat, 20 November 2005, available at http://www.equalrights4all.us/content/view/192/50/40 Mark Scaramella, “The Mendo Pot Chronicles,” Anderson Valley Advertiser, 3 October 2007, available at http://www.theava.com/04/0616-cerelli.html 41 Kirk Johnson, “Killing Highlights Risk of Selling Marijuana, Even Legally,” New York Times, 13 March 2007, available at http://www.nytimes.com/2007/03/02/us/02cannabis.html?ex=1181880000&en=c609936094adda50&ei=5070 42 Tami Abdollah & Richard Winton, “Pot Theft Claimed in Boy’s Shooting Death,” Los Angeles Times, 23 January 2007, available at http://www.californiapolicechiefs.org/nav_files/marijuana_files/bellflowe r_shooting_death.pdf 43 Will Bigham, “Claremont Marijuana Dispensary Burglarized,” Inland Valley Daily Bulletin, 27 January 2007, available at http://www.dailybulletin.com/ci_5104514 44 Planning Commission Agenda, available at http://www.el-cerrito.org; see also Alan Lopez, “El Cerrito Moves to Ban Dispensaries,” Contra Costa Times, 24 June 2006, available at http://www.thc-minis try.net/forum/archive/el-cerrito-moves-to-ban-cannabis-clubs-6974.htm 45 Fred Ortega, “City Bans Outlets for Medical Marijuana,” San Gabriel Valley Tribune, 17 August 2006, available at http://www.lca-uk.org/lcaforum/viewtopic.php?f=6&t=2436&start=0&sid=15b6da115a0da43facb17644195cbb 46 Ortega. 47 Greg Beato, “Pot Clubs in Peril: Are San Francisco Zoning Boards a Bigger Threat to Medical Marijuana Than the DEA?” Reason Magazine, February 2007, available at http://www.reason.com/news/show/118314.html; Craig T. Steckler, City of Fremont Police Department Memorandum re Medical Marijuana Dispensaries – Potential Secondary Impacts, 20 June 2006; Tim Miller, City of Anaheim Police Department: Special Operations Division Memorandum re Medical Marijuana Dispensary (MMD) Ban Ordinance, 13 June 2007. 48 Jeff McDonald, “15 Held in Raids on Pot Stores,” San Diego Union-Tribune, 7 July 2006, available at http://www.signonsandiego.com /uniontrib/20060707/news_7m7pot.html 49 McDonald; Beato. 50 Cal. H&S Code sec. 11362.5. 51 Ethan Stewart, “The Medical Marijuana Movement Grows in Santa Barbara: Emerald Dreams and Smoky Realities,” Santa Barbara Independent, 3 May 2007, available at http://independent.com/news/2007/may/03/medical-marijuana-movement-grows-santa-barbara/; see also Adam Ashton, “DEA Busts Pot Store Day After Council Talk,” Modesto Bee, 28 September 2006. 52 McDonald. 53 Stewart. 54 Stewart. 55 Stewart. 56 National Drug Intelligence Center, Domestic Cannabis Cultivation Assessment 2007, February 2007; available at http://www.usdoj.gov/ndic/pubs21/22486/; Jaxon Van Derbeken, Charlie Goodyear, & Rachel Gordon, “3 S.F. Pot Clubs Raided in Probe of Organized Crime,” San Francisco Chronicle, 23 June 2005, available at http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/06/23/23/MNGRODDG321.DTL; LAPD report information, 2007. © 2009 California Police Chiefs Assn. 43 All Rights Reserved 57 Van Derbeken, et al. 58 Kate Heneroty, “Medical marijuana indictment unsealed,” Jurist, 24 June 2005, available at http://jurist.law.pi tt.edu/paperchase/2005/06/medical-marijuana-indictment-unsealed.php; Stacy Finz, “19 Named in Medicinal Pot Indictment: More Than 9,300 Marijuana Plants Were Seized in Raids,” San Francisco Chronicle, 24 June 2005, available at http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/06/24/BAGV9DEC4C1.DTL 59 Organized Crime Behind ‘Medical’Marijuana Dispensary in California,” Pushingback. 29 September 2006, available at http://pushingback.com/blogs/pushing_back/archive/2006/09/29/791.aspx; “Ashton. 60 City of San Diego, Crime Statistics, 2007, available at http://www.sandiego.gov 61 National Drug Intelligence Center, Marijuana, January 2001, available at http://www.usdoj.gov 62 George Anastasia, “Viet Gangs on the Rise Again—The Emerging American Underworld—Gangs’ Plant-filled Houses a Growing Part of Drug Trade,” Chronicle of Boredom, 18 April 2007. 63 Will Bigham, “Houses Linked to Asian Gangs,” Inland Valley Daily Bulletin, 23 September 2007, available at http://www.dailybulletin.com/newsci_6980682 64 Bigham, 23 September 2007. 65 Feds Came and Went—Now What? Humboldt County News, 30 June 2008, available at http://news.humcounty.com/archives/2008/6 66 LAPD Report Number DR#060625000, 16 August 2006. 67 LAPD Report Number DR#060625001, 16 August 2006. 68 Tim Miller, City of Anaheim Police Department: Special Operations Division Memorandum re Marijuana Dispensary (MMD) Ban Ordinance, 25 October 2006; Johnson; Craig T. Steckler, City of Fremont Police Department; Memorandum re Medical Marijuana Dispensaries – Potential Secondary Impacts, 20 June 2006. 69 Stewart. 70 Johnson. 71 Ashton. 72 “What has the U.S. DEA said about medical marijuana? “ Medical Marijuana ProCon.org, 2005; “What has federal law enforcement said about medical marijuana?” Medical Marijuana ProCon.org., 2009, available at http://medicalmarijuana.procon.org/viewanswers.a sp?questionID=000630 73 Jim Avila, “Marijuana McMansions: Cops Say Organized Crime Is Sending Families Into the Suburbs to Grow Marijuana,” ABC News, 14 June 2007, available at http://abcnews.go.com/ print?id=3242760 74 Avila; Anastasia; “DEA Raids Miami Grow House,” CBS5.com, 30 April 2008, available at http://cbs5.com/national/dea.raid.miami.2.712958.html 75 Anastasia. 76 Bigham, 23 September 2007; Ethan Baron, “Angel Linked to Grow-op,” The Province (CNBC), 22 May 2005, available at http://www.mapinc.org/newstcl/v05/n823/a02.html 77 Bigham, 23 September 2007. 78 Bigham, 23 September 2007. 79 Heather Allen, “Marijuana Grow Houses Flourish as Southwest Florida Market Drops,” HeraldTribune.com, 24 July 2007, available at http://www.heraldtribune.com/article/ 20070724/NEWS/707240498 80Eric Bailey and Tim Reiterman, “Where Mary Jane is the girl next door,” Los Angeles Times, 31 May 2008, available at http://articles.latimes.com/2008/may/31/local/me-pot31 81 Eureka House Fire the Result of You-You-know-what,” Humboldt County News, 7 September 2008, available at http://news.humcounty.com/; written remarks of Arcata Police Chief Randy Mendosa, 1 March 2009. 82 Jesse McKinley, "Marijuana Hotbed Retreats on Medicinal Use," New York Times, 9 June 2009, available at http://www.nytimes.com/2008/06/09/us/pot.html?_r=1&em&ex=1213329 83 Deputies: Fire Damages Holiday Marijuana Grow Home, tampabay.com, 15 February 2008, available at http://blogs.tampabay.com/breakingnews/2008/02/holiday-fire-ma.html 84 Don Ruane, “Grow Houses Can Impact Utility Bills, Public Safety,” News-press.com, 12 April 2008, available at http://www.news-press.com/apps/pbcs.dll/article?AID=/20080412/NEWS0103/804120394 85“DEA Raids Miami Grow House.” 86 Sandy Louey, “Arrests Take Toll on Local Gang,” The Sacramento Bee, 14 August 2008, available at http://www.sacbee.com/elkgrove/v-print/story/1152310.html 87Avila. © 2009 California Police Chiefs Assn. 44 All Rights Reserved 88 Scott Glover, “Morro Bay Pot Dispensary Owner Found Guilty of Federal Charges,” Los Angeles Times, 6 August 2008, available at http://articles.latimes.com/2008/aug/06/local/me-pot6 89 Bailey and Reiterman. 90 Janis Ramsay, “Special Report: Grow-op House Can Still Be Dream Home: Realtor Says,” The Barrie Advance, 25 August 2008, available at http://www.mapinc.org/drugnews/v08/n818/a06.html 91 Avila. 92 Bailey and Reiterman. 93 Steve Davis, “Grow Security,” Cannabis Culture Magazine, 6 August 2004, available at http://www.cannabisculture.com//articles/3441.html 94 Bailey and Reiterman. 95 See People v. Urziceanu, 132 Cal.App.4th 747. 96 City of Pleasant Hill Presentation to Its Planning Commission by Planning Division Staff on April 24, 2007. 97 Office Consolidation: By-law 361-2004 of the City of Brampton, Ontario, Canada. 98Bill McCollum, “Landmark Bill Targeting Marijuana Grow Houses Becomes Law,” Attorney General Bill McCollum News Release, 17 June 2008, available at http://myfloridalegal.com/newsrel.nsf/newsreleases/AFAE7E2BCC1688D18525746B0 070D23B 99 “Asian Gangs Move Grow-ops,” The Asian Pacific Post, 27 September 2007, available at http://www.asianpacificpost.com/portal2/ff8080811548063f0115482401d00003_asian_gangs_move_grow _ops.do.html 100 See Asian Gangs Move Grow-ops. 101 See “Does Marijuana Contribute to Psychotic Illnesses?” Current Psychiatry Online 6(2), February 2007. 102 See, e.g., http://www.californiapolicech iefs.org/nav_files/research/ordinances.html 103 National Drug Intelligence Center. © 2009 California Police Chiefs Assn. 45 All Rights Reserved NON-LEGAL REFERENCES Abdollah, Tami, and Richard Winton. “Pot Theft Claimed in Boy’s Shooting Death,” Los Angeles Times, 23 January 2007. Retrieved January 8, 2009, from http://www.californiapolicechiefs.org/nav_files/marijuana_files/bellflower_shooting_death.pdf Allen, Heather. “Marijuana Grow Houses Flourish as Southwest Florida Market Drops.” HeraldTribune.com, 24 July 2007. Retrieved January 9, 2009, from http://www.heraldtribune.com/article/20070724/NEWS/707240498 Anastasia, George. “Viet Gangs on the Rise Again—The Emerging American Underworld— Gangs’ Plant-filled Houses a Growing Part of Drug Trade.” Chronicle of Boredom, 18 April 2007. Retrieved January 8, 2009, from http://www.xanga.com/tihailua/584859568/viet-gangs-on-the-rise-again.html Anderson, Glenda. ”Laytonville Marijuana Guru Shot to Death: 2 Others Beaten in Home.” Santa Rosa Press Democrat, 19 November 2005. 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