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Chapter 3 - (2nd Edition) CENSORED MEDICAL STUDIES |
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THE USE OF CIVIL ASSET FORFEITURE LAWS
(In the war against Medical Cannabis Patients)
PAGE 2
Landlords and the Free Enterprise system under Attack
U.S. Department of Justice
United States Attorney
Northern District of California
11th Floor Federal Building
450 Golden Gate Avenue, box 36055
San Francisco, California 94102-3495
(415) 436-7200
VIA CERTIFIED MAIL (RETURN RECEIPT REQUESTED)
AND FIRST CLASS MAIL
November 23, 2011
JBL PLAZA ASSOCIATES LLC
Attn: Daniel J. Johnson
5251 Ericson Way
Arcata, California 95521
Re: Marijuana Dispensary at 855 8th Street, Arcata, Ca
Humboldt County APN: 021-101-011
Dear Mr. Johnson:
This office has been advised that there is a marijuana dispensary, Humboldt Medical Supply/The Humboldt Cooperative, operating at the real property located at 855 8th Street, Arcata, California, which property JBL Plaza Associates LLC owns or has under its management or control. The dispensary is operating in violation of federal law, and persons and entities who operate or facilitate the operation of such dispensaries are subject to criminal prosecution and civil enforcement actions. Since the dispensary is operating within a prohibited distance of a playground, the Arcata Ball Park, the unlawful operation of the dispensary is subject to enhanced penalties. Additionally, property involved in such operations, including real property, is subject to seizure by and forfeiture to the United States. These penalties and remedies apply regardless of the purported purpose of the dispensary or the uses for which marijuana is purportedly sold. Specifically, Title 21, United States Code, Section 856(a) provides:
It shall be unlawful to knowingly and intentionally rent, lease, or make available for use, with or without compensation, [a] buildings, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance.Section 881(a)(7) of Title 21 provides:
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, to commit, or to facilitate the commission of, a violation of this sub-chapter.Violation of the federal law referenced above is a felony crime, and carries with it a penalty of up to 40 years in prison when operating with a prohibited distance of a playground, school etc. An owner of real property with knowledge or reason to know of illegal drug sales on real property that he owns or controls may have his interest in the property forfeited to the government without compensation.
This letter is formal notification to JBL Plaza Associates LLC that there is a marijuana dispensary operating on the above described property within a prohibited distance of a playground. You are further advised that the violations of federal law relating to the marijuana dispensary operating on your property may result in criminal prosecution, imprisonment, fine, and forfeiture of assets, including the real property on which the dispensary is operating. Any money JBL Plaza Associates LLC receives (or has received) from the dispensary operator may also be subject to seizure and forfeiture. Your prompt attention to this matter is strongly advised. Please take the necessary steps to discontinue the sale and/or distribution of marijuana at the above-referenced located within 45 days of this letter. You may wish to seek independent legal advice concerning this matter.
Very truly yours,
(signed) Melinda Haag
United States Attorney
NOTE the wording:
“penalties and remedies apply regardless of the purported purpose of the dispensary or the uses for which marijuana is purportedly sold” . . . (meaning even the Fed’s now acknowledge that Marihuana is being sold for medical purposes) . . . .“property forfeited to the government without compensation” . . . . (meaning that their threat of using asset forfeiture is very real).We can only assume that this is a form letter, meaning that ALL other property owners ALSO received similar letters.
WANT TO KNOW MORE:
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