U.S. Attorney’s Office – Now in Play in Eagle County

by Clayton Moore

Background:  June 2011 – City of Aspen, Pitkin County, Colorado

Reported last week – after advise from Pitkin County Attorney John Ely – the Pitkin County Commissioners immediately backed away from any and all Pitkin County Legislation/Zoning Regulations/Resolutions they were considering as it pertains to the issue of Medical Marijuana. (Click Here)

Meanwhile…at the same time last week your Eagle County Commissioners moved ahead with their plan to ignore Federal Drug Laws and did approve on 1st Reading EC Resolution 2010-062 having to do with Medical Marijuana.  (Click Here)

Enter the U.S. Attorney’s Office.

The U.S. Attorney for the State of Colorado is John Walsh (Click Here).  John Walsh’s April 26th 2011 letter to Colorado’s Attorney General John Suthers (Click Here) – makes it clear that Possession of Marijuana is illegal under Federal Law and that his Office can and will enforce Federal Drug Law here in Colorado.

It was with John Walsh’s letter (and additional U.S. Attorney letters) in hand – that County Attorney John Ely advised his Pitkin County Commissioners publicly that they could be charged Criminally under Federal Law (as well as the County Staff members who drafted the language of their Ordinance) could be charge as well.  Further, John advised that the protection of County Insurance the Commissioners normally have would not be available – if the Commissioners knowingly chose to violate Federal Drug Law.

The U.S Attorney’s office for Colorado was contacted last week by the ECT (Click Here) along with concerned Citizens in Eagle County about the recent and well documented actions of our Eagle County Commissioners as it pertains to so called Medical Marijuana.

The ECT also contacted last week Eagle County Attorney – Bryan Treu – in an effort to learn why his legal advise to Eagle County Commissioners was so radically different compared to the advise given by his legal peer – Pitkin County Attorney – John Ely.

Obviously, Attorney’s John and Bryan can both can’t be correct.  The ECT understands Second Reading of EC Resolution 2010-062 is scheduled for the County Commissioners next scheduled June meeting.  Stay Tuned.

FACTOID:  Local Banks (in fact all Banks) that are doing business with the (FDIC – Federal Deposit Insurance Corporation) are required by their legal/business agreement to abide by all Federal and State laws.  This unequivocally means that any Bank that accepts a business/merchant account from a so call ‘Medical Marijuana Store’ is in violation of their banks legal agreement with the FDIC.

IF ECT readers know of any local Medical Marijuana stores that have a standard bank issued ‘credit card processing machine’ please let us know.


14 responses

  1. I think you guys are going just a little too far with this one. Why such strong opposition to medical marijuana?…, which has been PROVEN to help patients with certain ailments? It’s my opinion, and I don’t even smoke it, that alcohol is far worse and it sold every day of the week to “addicts.” I think we should be paying a lot more attention to other local issues of more relevance to the community., And asking citizens via your newsletter to “bust” local dispensaries (our neighbors/friends) that have credit card machines used for such transactions? Come on guys… get a grip. Just sayin’.

  2. why were my thoughts censored?

    Read the book Kiss the boys goodbye, all about our drug running in viet nam. Just what do you think our boys are doing in the Middle East, killing terrorists? No there protecting the poppies, they call Bush Senior poppy Bush.

    Our prisons are filled with non violent pot heads with mandatory sentences building widgets for a quarter a day while a murder gets an average 7 years sentence. Its the prison industrial complex.


  3. This is just posturing by the DOJ. They ARE NOT going to arrest anyone in government for MMJ. They are just using scare tactics. Besides, they would take down the MMCs before they even would consider going after public officials.

    “If it is a drug that is used for pain relief it should be regulated by the FDA and sold at regular pharmacies!” None

    Why would you force patients to spend more money on prescription pills when they can grow it in their backyard for next to nothing. Pure Ignorance.

  4. If it is a legal prescription-then sell it in a pharmacy.

    If it is recreational use – then tax it like alcohol and cigarettes.

    But thus far- it is a illegal substance–so says the feds–and as we know feds trump state (refer to AZ Immigration law) —and county commissioners.

  5. you can get worked up all for nothing about this all day long.

    the hospital just layed off a bunch of employees and its going to get worse, just as I said it would almost 2 years ago.

    when people lose their jobs, houses and cars cuzz of this economy, they will be selling pot, pouching deer and doing whatever they can to feed their families.

    all while this government plays soldier boy in the Middle East for the state of Israel.

    keep your head in the sand on issues like these while Rome burns and our leaders fiddle.


  6. Pingback: Eagle County’s Economic Locomotive – Vail! «

  7. Just info from the Denver Post today , 07/02/2011

    -the Obama administration – challenge came in a U.S. Department of Justice memo. In this week’s memo, The Obama Administration has taken its strongest stance yet in declaring that medical-marijuana dispensaries are legitimate targets of prosecution.

    In a memo written earlier this week, Deputy Attorney General James M. Cole wrote that people, “who are in the business of cultivating, selling or distributing marijuana, and *those who knowingly facilitate such activities” are in violation of federal law regardless of their state laws.

    “Such persons are subject to federal enforcement action, including potential prosecution,” Cole wrote.

    (PS Colorado has the most dispensaries per capita of any state)

    (ARTICLE) http://www.denverpost.com/news/marijuana/ci_18396012

    (MEMO) http://www.denverpost.com/breakingnews/ci_18391545

  8. Pingback: Eagle County, Colorado County Commissioner’s Violate Federal Drug Law! «

  9. Pingback: Cannabytes: Banks Shut Down MMJ Accounts | 303 MAGAZINE

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