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Marijuana raid: Feds seized 2,500 plants from Cherry Top Farms after following suspect's truck

cherry top farms nugget.jpg
This morning, the manager of Cherry Top Farms dispensary, raided yesterday by the DEA and other agencies, shared his version of the story, including his claim that the center was in compliance with all state regs. There's nothing to contradict this claim in info supplied by the U.S. Attorney's Office. So why did the feds seize 2,500 plants from the MMC? Because they followed a truck there.

The arrestees thus far are Nathan Do, 21, and his father, Ha Do, 48. Also being sought are Ha's brother Hai Do, 44, and Richard Crosse, 48. The four are charged with distribution and possession with intent to distribute 1,000 or more marijuana plants. The arraignment of Nathan and Ha Do took place at 2 p.m. today. "They're being held pending a detention hearing, which is scheduled for next Wednesday at 10 a.m.," says U.S. Attorney's Office spokesman Jeff Dorschner. "At that hearing, a judge will determine if they're eligible for bond. And that could be a preliminary hearing as well."

medical marijuana safest medicine logo.jpg
A logo shared on the Cherry Top Farms Facebook page.
Ha, Nathan and Hai Do are all affiliated with Earth's Medicine, a dispensary on Federal Boulevard; Ha is the general manager, Nathan the cultivator and Hai the owner. As for Crosse, he owns at a warehouse 3885 Forrest where the trio installed a grow operation; he also allegedly invested approximately $325,000 in the operation, purchasing the equipment needed and leasing it back to the Do family.

What brought this quartet to the attention of federal authorities? The complaint in the case, on view below, suggests a high degree of cooperation between the DEA and the Colorado Department of Revenue, which oversees the Medical Marijuana Enforcement Division. Back in June, authorities zeroed in on a Do grow operation on Forrest, with the Denver Police Department grabbing 1,865 plants -- and the complaint's narrative mentions interviews with DOR personnel, who revealed that the location didn't have a current or pending licensing permit to grow there.

When asked if the feds consulted with the Department of Revenue prior to the June raid, Dorschner says he can't comment.

No arrests were executed at that time; the seizure of the plants and equipment appears to have been the primary punishment. But the following month, a source who'd had business dealings with the Do family began providing information to the DEA and Denver Police. This source doubted the legitimacy of their MMJ business, hinting that the suspects were "grossly under-reporting their marijuana proceeds" and siphoning off weed for sale elsewhere. For instance, when the source spotted several large, unpackaged toy boxes, Nathan allegedly said they were being packed with marijuana and shipped to Chicago.

But something else was just as important to investigators, Dorschner says. "After their equipment was seized and their plants were seized, authorities learned that the Dos and Crosse went right back to the same location" -- that unlicensed, unpermitted 3885 Forrest site -- "and committed the same crime."



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54 comments
HempShare
HempShare

I guess they didn't really legalize it, did they?


Now look, a plant being Taxed & Regulated?


Credo Quia Absurdum...

Lone Mountain Truck Leasing
Lone Mountain Truck Leasing

This avant-garde agriculture techniques to abate the high alluvium abrasion of abundant land. Abate the charge for irrigation, convalescent clay quality, beneath labor, a cogent advance in the assembly of just a few allowances of no-till farming.

Girltalknshiz
Girltalknshiz

PROHIBITION of any kind is a HUGE failure of our nations policies, and a DIRECT ATTACK on PEACEFUL U.S. CITIZENS.  ‎"Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded."Abraham Lincoln (1809-65), U.S. President.Speech, 18 Dec. 1840, to Illinois House of Representatives

END PROHIBITION and make LOBBYISTS of ANY KIND ILLEGAL... and we will go a LONG WAY toward ending corruption in our government.

Kenbabbs
Kenbabbs

The Asian mob, they ruined BC. Hopefully they won't ruin Colorado

Hipi
Hipi

The self righteousness of people who think that these folks had it coming to them because they "were not following rules" astounds me. 

Did any of you  even read the affidavit? 

The Affiant, who is a DEA agent, wants to investigate your for "altering your home electrical system", or possessing "soil and fertilizer", or purchasing "high intensity lights."

Yet, for some holier than thou reason, you want to act like these people are criminals compared to you. SMH. 

diesel-benz
diesel-benz

"there was no suggestion Cherry Top Farms had done anything wrong"Except committing a federal crime by possessing marijuana.

To funny
To funny

So these dumb asses got in trouble the first time for not being licensed. Had their property taken by the cops. Then were dumb enough to go right back to the same place and do it again and they thought that would be a good idea? Thats just funny shit. This should be on the worlds dumbest criminals. Ha, snitch or no snitch these guys were not the smartest in the world.

Newdrco
Newdrco

To me, this represents the success that MMED can bring to this industry and thus further legitimize the progress CO has made. If this, as described in this article, was occurring and product was being diverted to Chicago (or anywhere outside of regulated CO), then good for MMED and DEA to shut this down.  Operating in this industry is a privilege and it is upon all principals involved to perform within the regulations. 

Hipi
Hipi

So basically they hired some girl they never should have hired, and then fired her, probably unceremoniously, which caused her to act out of spite.

Sounds like, every, downfall, ever. 

Robert Chase
Robert Chase

Let the Revolution begin!  These crimes of violence against the Dos and their property must not go unanswered.  Anyone abetting the DEA war on Coloradans is an enemy combatant against the People of the United States

RickRude
RickRude

It's motherfuckers like this who are going to bring this whole thing down for everyone. I applaud the FEDS for taking out the greedy trash.

Hipi
Hipi

wow @ that source . what a snitch. 

Seriously
Seriously

Lets be clear Hipi person. People had to pay thousands of dollars to have an application submitted to the State and to the City on top of pay Hundreds of thousands and in some cases millions of dollars in facility upgrades and zoning regulations and you think that some ass holes that didn't do any of that are ok to be opperating??? You call that fair? I'm not better than any one else but that seems pretty far fetched to me. The rules are there for a reason. They clearly broke the rules and thats that.

Kathleen Chippi
Kathleen Chippi

And buying off of a non licensed grow.  Centers have to grow 70% of their own and can only buy 30% from other licensed centers.

Robert Chase
Robert Chase

-- too, as in "You too don't seem to be the brightest bulb."

Hipi
Hipi

yea it a good thing we are stifiling the proliferation of the safest medicine known to man to Chicago!!!

Thats Xanax land baby !! We want our oxycontin !!!

Give me a break.

Mark Montgomery
Mark Montgomery

Except that the defendants are never going to get a chance to prove whether or not they were compliant with state law. Federal courts won't allow any evidence about MMED compliance, so these people will not be allowed to have a fair defense. Is that an MMED success story to you? Guilty automatically b/c the DEA says so? Or would you rather afford these defendants due process, like all other criminal defendants? Why is it OK to treat these defendants like second class citizens with no rights.? Just b/c this time it wasn't you? Begone, Nazi Fascists, Hickenlooper wants to have a bier with you.

Robert Chase
Robert Chase

If you really are a doctor, it would behoove you to learn something about the history of the debate before chiming in.  Try starting with Article XVIII, Section 14 of our Constitution, then read the three unconstitutional laws:  SB10-109, HB10-1284, and HB11-1043 -- patients and cargeivers' constitutional rights have been infringed and patients denied access to medicine by the General Assembly's marijuana distribution scheme.  What kind of doctor is more concerned about unauthorized persons having access to cannabis than patients being denied access?

Robert ChaseColorado Coalition for Patients and Caregivers(720) 213-6497

Betty Aldworth
Betty Aldworth

Robert, I agree completely that the plant shouldn't be illegal. That being said, there are limited circumstances under which cannabis is legal in CO. The Dos knew they were engaging in illegal activity, yet they led law enforcement to a legal business and put everyone there at risk.

It's difficult for me to imagine why we ought to have sympathy for them.

Ian Williams
Ian Williams

Uh...wait, what? Violence? War on Colorado?

What's this guy smokin'?--Nobody at the above-board, transparent and regulated MMC employees or owners were even arrested. The issue with confiscation of the merchandise couldn't be avoided due to federal regulations, and shows why a federal push for acceptance of these centers, but the persons arrested were dark market profiteers. In no way does the Medical Marijuana Community in Colorado support such ignoble behavior.

Should they be arrested because of a plant?

No. The existing prohibition is in one politically incorrect but linguistically accurate word...retarded.

But a call for revolution? Hyperbolic to say the least.

Lien Mach-Ayala
Lien Mach-Ayala

ITS NOT PEOPLE LIKE THEM THAT RUIN THINGS FOR US. ARE YOU FREAKING KIDDING ME ARE YOU THAT BLIND TO SEE WHAT THE GOVERNMENT IS DOING TO THIS WORLD. THEY'RE ARE PRETTY MUCH THE BLAME FOR THE WAY OUR SOCIETY IS TODAY AND IT AIN'T EVEN THE BEGINNING YET, THEY'RE JUST GETTING STARTED!!! I THINK THAT BEFORE YOU SAY ANYTHING ABOUT MOTHERFUCKERS LIKE THIS  WHO  ARE GOING TO  BRING IT DOWN FOR EVERYONE, I THINK YOU SHOULD DO A LITTLE RESEARCH ON THE GOVERNMENT BEFORE YOU JUDGE ANYTHING OR ANYBODY ABOUT BRINGING ANYTHING DOWN FOR EVERYONE.  

Dudesgirls80
Dudesgirls80

Its all a scam!! (Officials)I know a way to get money for the city. let's get all these dumb stoners to open up stores and then shake em down for tax and other fees.then when the big boys come we can step to the side and count our money!! Lol "suckers"

Abc
Abc

bullet up that nigga

Guest
Guest

I know who this dude is also. According to him, he snitched because they (the Do's) wanted to keep moving product out the back door. What a strange world we live in...narcing on a legal grow turned illegal.

Robert Chase
Robert Chase

To be so easily duped is not too smart either.

Hipi
Hipi

I do not think that is fair, I agree. However, those highly dubious fees, were the result of a shakedown by local authorities who were basically telling us "you are walking on thin ice so you better pay whatever exorbitant amount we tell you or else."

Now, it seems that what these people were actually paying for when they submitted their application, was to have their name put into a database for the bullies in the Federal government to use as a cornerstone in their cartel indictments against these people. 

Things have changed a lot in a week, I think we better think about friends and enemies a little more clearly. 

Truth
Truth

For once I agree with you on something. On top of that the article said he was working as a contract grower. That’s also illegal. A person working as a grower has to be a W2 employee. Why was the center buying plants and other things from the Do family?

Tooooooo Funnnnnnnnyyyyyy
Tooooooo Funnnnnnnnyyyyyy

Well the day I get insulted by some hack on the Westword blogs will be the day you have sex for the first time :).

Colorado Mmj Patient
Colorado Mmj Patient

a la Bartkowitz - prevented from even mentioning MMJ in Federal Court.5 year mandatory minimum.

Truth
Truth

So you really think the Caregiver moddel would have held up forever??? People growing marijuana in their houses in mass quanities was the final answer? No regulation, just a patient card and a basement and you were off to the races? I'm just trying to clarify.

Robert Chase
Robert Chase

"I agree completely that the plant shouldn't be illegal ... It's difficult for me to imagine why we ought to have sympathy for them" -- no imagination needed; just read what you wrote.  I understand perfectly that supporters of the General Assembly's marijuana distribution scheme hope that arrests of dispensary owners will a) redound to the perception that that scheme is workable and b) leave fewer competitors in the market -- only b) is correct.

Kathleen Chippi
Kathleen Chippi

Benior V ICOA Colorado Court of Appeals ruled 2-1 that medical marijuana is NOT LEGAL in Colorado, but possession is decriminalized for qualifying patients and caregivers.

Robert Chase
Robert Chase

I regard the DEA arrests as part of a war against our constitutional rights and personal liberty.  The Supreme Court of the United States has turned decisively against the Fourth Amendment to the Constitution (see Kentucky v. King).  If you really imagine that you can re-legalize cannabis while ignoring our society's drive to parasitize itself (which has resulted in the US incarcerating more people than any other nation on earth), you are too naive to play a meaningful role in the struggle. Do you really believe that our massive criminal injustice system is not doing real violence to those it snares?

"In no way does the Medical Marijuana Community in Colorado support such ignoble behavior" -- what crap! I am confident that most patients (as opposed to those profiting off them) see nothing wrong with more cannabis hitting the market -- very few buy into the notion that the State heavily regulating their medicine and directly defying the Federal government by attempting to license retail sales and cultivation makes them more secure, especially all those patients in the vicinities of Mesa and Larimer counties whose access already has been cut off by locally enacted bans on medical cannabis businesses.

P.S. Let me put it in a way that you and your likers may be more easily able to grasp: if you do not yet understand the need to repeal the Controlled Substances Act of 1970 and abolish the DEA, roll over and go back to sleep!

Mark Montgomery
Mark Montgomery

 Just cuz they weren't arrested doesn't mean the Feds aren't going to come back later on. They often do that, to see where you 'run', maybe give up some new people. And all those surveillance cameras on live feed to the DEA are sure going to help the Feds case. Do you MMC-APPLICANTS *really* feel safer b/c of those cameras? It doesn't bother you that every thing this MMC-APPLICANT was doing was documented on video as federal crimes, and now those videos are going to be used against the MMC-APPLICANT in court? Remember what the cole memo says: "regardless of state law." These MMC-APPLICANTS are so gullible!

Truth
Truth

A fantastic point!!!!!

ANON
ANON

Well you can only blame yourself, people allow the government to further their police state tactics, because everyone too busy partying and television. all these petty things only gets attention off them so they can work to make our life worse, watch out because things are only going to get worse, and its everyones fault for not waking up and seeing whats going on. cant just throw blames around because its us that are allowing to happen in the first place, until we all wake up and do something, it will only get worse.

Anh Le
Anh Le

Who cares about them, I think you are cute Lien.

Hipi
Hipi

man maybe he should have focused his attention on the pharmaceutical , tobacco, and alcohol lobbies that are killing people everyday. what a dick.

Truth
Truth

This bust had nothing to do with that data base. They were tracking some Asian family for breaking the rules not once but twice. They went to sell to a dispensary and it just so happened that they all got in trouble. However, the dispensary owners were not brought up on charges. They got their goods confiscated but what was that dispensary buying things from an unlicensed group for??? The rules are pretty clear when it comes to center to center purchasing. Also, in the RULES it’s illegal to higher a grower under a contract. They have to be a W2 employee. So there are two things the Center did that are big no no’s in the eyes of Colorado regulation. The center is lucky they are not being brought up on those charges.

Robert Chase
Robert Chase

I support the Patient and Caregiver Rights Litigation Project, but there is not much else I can do personally about the unconstitutional laws, except to continue to try to counter the torrent of disinformation about the legal status of medicinal cannabis in Colorado coming from our media, elected officials, bureaucrats, and the industry itself.

Truth
Truth

I agree but what are you planing on doing about it?

Jake
Jake

So what do you plan to do about this? I'm not an MMIG member just so you know. I would like to hear how you plan to change what they have enacted. Please enlighten me. You seem very educated to the facts and I would really like to hear what you and the others are planning to do about it.

Robert Chase
Robert Chase

I disagree -- In People v. Clendenin, a single judge (Loeb) on the Apellate Court wrote that "significant responsibility" instead means "responsibilities".  The General Assembly lept at the opportunity to direct the CDPHE to redefine caregivers' responsibility, and on the strength of Judge Loeb's opinion, it and the BOH pretended to require caregivers to perform tasks completely unrelated to the provision of cannabis or the exercise of professional judgment regarding it (somewhat analogous to requiring your doctor to do your shopping for you).  The point about CMMR, Sensible Coloradans for Medical Marijuana Regulation, MMIG, and many dispensary owners is not that they drove the process of writing the unconstitutional laws, but that people and institutions that should have defended caregivers' constitutional prerogative to provide cannabis to patients instead cheered on the General Assembly's frontal assault on our Constitution.  They deserve all the obloquy heaped on their heads and more, and their infamy will not be forgotten as long as people use cannabis in Colorado.

Truth
Truth

Good luck getting what you want. It will be fun watching you guys try and make that point. They don't produce medicine in peoples basements. Sorry that would have never held up. Good luck though.

Jake Browne
Jake Browne

Robert, you're right. MMIG could have done more to support caregivers. However, I believe that the actions of the CDPHE and the Clendenin precedent ultimately subsume your argument. If you want to talk about unconstitutional depredations of caregivers, the discussion should start there and not with one lobbying group with limited reach. 

Robert Chase
Robert Chase

The only way anyone can claim that MMIG, its members, and predecessors did not destroy caregiving is by being totally ignorant of their role during the 2009 and 2010 legislative sessions of the Colorado General Assembly -- they weren't solely responsible, no, but they claimed to represent the medical cannabis community to our craven legislators and signed off on many of the unconstitutional depredations on caregivers; their guilt is great.

Jake Browne
Jake Browne

David, with all due respect, using MMIG as a straw man for caregiver woes is unfounded. They (MMIG) have no voice at the CDPHE, where restricitive rules are promulgated without  direction from the legislature. They weren't responsible for the Clendenin trial, which is being used as precedent to prohibit caregivers from making any profit off their hard work. They had no hand in the Denver City Council prohibition of caregivers in neighborhoods. 

Do some of their members have issues with the caregiver model? Absolutely, and this is on record. Did they single handedly take down caregivers in Colorado? Sounds like a stretch.

Colorado Mmj Patient
Colorado Mmj Patient

It is all so schizophrenic.  It is difficult to know, EXACTLY, what is allowed under the Constitution as opposed to the new regs.  Ask 3 lawyers - get 3 different opinions.  Get an inspection from one batch of govt lackeys and the next inspection contradicts it. Right here in Colorado we have govt officials trying to trash the caregiver model - with the help of the MMJ Royalty at MMIG - and we have other communities' governments relying on the Caregiver Model to support banning dispensaries.In any case, there are ways to deal with SNITCHES !!!David

Robert Chase
Robert Chase

Yes.  In the revisionist history favored by "the industry", evil John Suthers was just about to shut down all dispensaries before the General Assembly saved them, but this is a tissue of lies which has no basis in fact.  The issue here is history, not speculation about what might have been.  One thing is certain, and that is that the laws which created the Kafkaesque bureaucracy known as the Medical Marijuana Enforcement Division and attempted to eliminate caregiving are unconstitutional.

Monkey
Monkey

I'm with you 100% on this one. Who is this ''truth'' guy and why does he think the last two years is so much better than the previous nine. He must be a warehouse owner scared people will leave and start growing good buds again.

Kathleen Chippi
Kathleen Chippi

TRUTH -  this "So you really think the Caregiver model would have held up forever???" talk is a joke.  Of course the caregiver model is the model "we the people: who lived in Colorado 11 years ago voted for.  It is in our constitution which means, yes, it will most likely remain there forever.  The constitution is the law of the land.  And I'm pretty sure no one is going to invest $250,000 or more to try to petition to have it removed and then run a campaign against sick peoples rights. 

And again, stop touting MMIG lies.  NO ONE has asked for no regulation of any kind ever, at all the hearings on record.  That is something MMIG made up to try to discredit non MMIG member intentions.  People asked that the constitution be respected.  In order to have a business, one needs a retail sales license from the state, just like evry other business in the state.  Caregivers had them and they paid millions into the state coffers for over 7 years according to the sec of states office. 

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