Part II – Eagle County Colorado Commissioners – Violate Federal Drug Law

by Clayton Moore

Need more Proof from the ECT’s original story (Click Here) – that your Eagle County, Colorado Board of County Commissioners have recently Violated Federal Drug law?


Dateline February 1st 2011 – U.S. Attorney Ms. Melinda Haag – Northern District of California

Letter to John Russo – Oakland, California City Attorney.

(CSA) = Federal Controlled Substance Act

…”We (U.S. Attorney’s Office) will enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.  The Department’s investigative and prosecutorial resources will continue to be directed toward these objectives…”

Direct quote above from U.S. Attorney’s letter, Page 1, paragraph 3.  (Click Here)

U.S. Attorney – Michael C. Ormsby – Eastern District for the State of Washington – Letter – April 5th 2011

“If your property is, indeed, being used to facilitate drug trafficking in violation of Federal law, your property is subject forfeiture under Title 21, United States Code, Section 881(a)(7).  Under the law, you as the owner/landlord may suffer the loss of your property if you knowingly allow your property to be used for illegal purposes.  Accordingly, if your tenant(s) is using the property in Violation of the Federal drug trafficking laws you risk losing the property to forfeiture.  (Click Here) for a copy of that U.S. Attorney’s letter.

OK – ECT, then why are we not reading about these violations of Federal Drug law in the Daily Fishwrap (a.k.a. Vail Daily) – because the Fishwrap accepts print advertising dollars from these so-called Medical Marijuana stores in our Community.

Is the Vail Daily Violating Federal Drug Law as well?  Violating in print and online?

Specifically – U.S. Code – Cite:21USC843  (Click Here – for the 3 page section of that U.S code)

Section 843. Prohibited Acts C

It shall be unlawful for any person knowingly or intentionally —

(c) Advertisement

(1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule 1 I controlled substance. As used in this section the term
“advertisement” includes, in addition to its ordinary meaning, such advertisements as those for a catalog of Schedule 1 I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule 1 I controlled substance. The term “advertisement” does not include material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a Schedule 1 I controlled substance.

(2)(A) It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the
Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.].

The ECT reports – you decide.


12 responses

  1. Way to continue “Reefer Madness” ECT. Who are you trying to scare with this? The Feds are not going to go after government officials or news agencies. They don’t have the resources to go after it.

    • However…The Feds seem to have time to write (recent) letters, though, don’t they?
      Feel free to click on and review any of the recent letters from the U.S.Attorney’s – (web links) featured in the ECT’s top story this week.

      Your quote: “They don’t have the resources to go after it.”

      ECT’s quote: time will tell

    • Legalization will happen sooner or later…
      Interesting part of this story is that Fed/State laws in conflict…what will happen, next.
      Recent Dates on U.S. Attorney’s letters (ECT has put online – [click here’s] ) suggests Feds waking up now and intend to enforce Fed law. We’ll see.
      Perhaps you know answer to an interesting question…
      Does the building that houses the eagle vail MMJ store…have a Mortgage on that building?
      Does the owner of that building “own it” outright?
      If it does have a Mortgage on that property – is the landlord aware of the risks he/she is taking – under Federal Law?
      Just asking.

  2. wow…a letter is certainly a resource. probably written by the Fed’s interns to keep them busy. ect you are the epitome of stupidity!

  3. Wow… glad to read the intelligent “attack the message and not the messenger” post: (ect you are the epitome of stupidity)

    Thank goodness for that! I was really beginning to wonder anyone left in EC could carry on a healthy debate… -(tongue in cheek, said with a smile)

    (Tongue-in-cheek is a phrase used as a figure of speech to imply that a statement or other production is humorously intended and it should not be taken at face value

    • Have the Law on your side? Argue the Law to the Judge.
      Have the Facts on your side? Argue the Facts to the Jury.

      When you have neither? Attack the messenger.

      ECT stands ready to debate – when you’re ready to stop attacking the messenger.
      Really, is this the best you can do to support your side of the debate.
      Attack. Name call?
      You make the ECT gang feel we are arguing with small children.
      Are we?

  4. Darn those letters….!

    Man arrested in Highlands for growing pot
    By The Denver Post

    A 36-year-old Denver man is free on bond after police allegedly found 95 marijuana plants in his Highland neighborhood home last week.

    Lawing is free on $10,000 bond and is scheduled to appear in Denver County Court on July 20.

    • Now this is Curious, Reader too…
      Charged? Yeah..we got that…
      By who? Denver DA’s office?
      DEA? U.S. Attorney’s office?
      Real story here seems to be – who did the charging?
      We agree? Most like not charged under Colorado law (obviously).

      Now, if….ECT said if….U.S. Attorney’s office has stepped in (for the first time in Colorado?)…that would be news…
      We’ll see. ECT interested now by your news tip…

      Thanks for the tip. You have ECT very interested now.

  5. Federal Marijuana Laws Trump State Initiatives

    July 07, 2011

    According to the Drug Enforcement Administration, penalties vary according to the amount of marijuana found growing, measured by weight. Fines range from $250,000 to $4 million for an individual’s first offense. Incarceration can range from five years to life in prison.

    (Deputy U.S. Attorney General James Cole re medical marijuana dispensaries) “the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs and cartels.”

    Is that why the White House has reversed their position?

    First Fast & Furious delivered almost 2,000 weapons to Mexican drug cartels, used to murder one of our own, and now they are busting active drug cartels working within the USA and some in conjunction with ‘legal’ businesses-just maybe?

    Officials: Ring used tour buses to smuggle marijuana from Mexico – The Mexican drug cartel Los Zetas is suspected of being the marijuana source. A large-scale marijuana ring that smuggled an estimated $36 million of pot into Colorado from Mexico Locally, Conrado Arellano-Casas, 32, is the alleged ring leader.

    New information indicates that U.S. Attorney General Eric Holder’s actions are squarely behind the ATF (Bureau of Alcohol, Tobacco and Firearms) operation known as “Fast and Furious”, which orchestrated the delivery of almost 2,000 weapons to Mexican drug cartels.

  6. In this amazing economy that Obama has created is it smart to punish small business? Usually I agree with the Eagle County Times but on this subject well have to agree to disagree.

    The truth about marijuana is that’s much less harmful then alcohol. I wonder just how many hundreds if not thousands of liquor licenses exist within the Vail Valley.. Do you know anyone that has died in marijuana related death, how about alcohol?

    Obama promised relaxed medical marijuana laws when he was lying for votes on the campaign trail, now letters like this. What a joke. Going after property owners, city council yada yada. The scary thing is it’s working..

    When the heck you going to comment on out blog?

  7. Pingback: Jon Stavney’s "Community" « News from Eagle County, Colorado

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