Top

blog

Stories

 

Marijuana: DA Stan Garnett defends telling feds to back off Boulder MMCs

stan garnett image cropped.JPG
Stan Garnett.
Update:This week, Boulder District Attorney Stan Garnett wrote a letter to U.S. Attorney John Walsh asking him not to send seizure threats to any Boulder medical marijuana dispensaries conforming to state and local land use regulations. When asked about the note, Walsh's spokesman said his boss would respond directly to Garnett -- the implication being that the U.S. Attorney wasn't thrilled about this communique, on view below along with our earlier coverage, having been made public. But Garnett has no regrets.

"I've been in conversation with John's office for quite a while about these issues," he points out, referring to letters ordering dispensaries within 1,000 feet of schools to shut down by a certain date or risk having the feds take the property and everything on it. "And as I say in the letter, I have enormous respect for John. I think he's a great prosecutor and a great guy, and he has a great staff. But I've also had a lot of discussions with municipal leadership in Boulder County, and they've been frustrated by the uncertainty of where they stand in regard to this issue. And since the U.S. Attorney's Office has not hesitated to be quite public about its position, I thought it was appropriate to respond as I did on the issue, which I see as an issue of local control."

john walsh photo.jpg
John Walsh.
Regarding possible displeasure on the part of Walsh and company that he released his letter to the media, Garnett stresses that "his office is the one that's decided this is a matter that needs to be played out in public. They've repeatedly talked about it and repeatedly threatened action against dispensaries. So I felt a public response was appropriate.

"One of the issues I find most interesting is the justification they use that this is somehow about protecting children," he goes on. "I served on the Boulder school board for eight years, and in my district, between Boulder and St. Vrain Valley, we have two of the best school boards in the United States by all objective measure. I feel the communities are fully capable of determining what they need to do to protect children, and they do a pretty good job of it."

Moreover, Garnett stresses that "I have not seen evidence the dispensary situation has made the marijuana problem worse at our schools. When I first got on the school board in 1997, there was marijuana throughout our high schools and our middle schools. We spent a lot of time figuring out how to manage that issue, and that was several years before Amendment 20," the measure that legalized medical marijuana in Colorado, "and many years before dispensaries like we see today."

Indeed, Garnett believes the MMJ retail system currently in place "actually makes it easier to manage the issue, because land use regulation is a much more efficient way to control issues in the community than the haphazard criminal justice process. In a criminal case, for example, a defendant has all the due process rights provided by the constitution, whereas in a land use case, a municipality simply has to say, 'You're violating our code.' And that makes it easier to control."

In short, Garnett has "not seen the horror stories people predicted would come to pass" at the outset of the medical marijuana boom in Boulder and elsewhere in Colorado. As such, the question for him becomes "how do you manage a reality in a community? And the reality is that marijuana is present. So what I'm basically saying is, from a prosecution priorities perspective, trying to manage it through the criminal justice system doesn't work very well. We need to focus on other things, where we can have a real impact on public safety."

At this writing, Garnett has not heard from the U.S. Attorney's Office in response to his letter. However, he points out that "I will be at a meeting tomorrow, and I anticipate that John will be there. I look forward to having a conversation with him."

Page down for our earlier coverage, including the full text of Stan Garnett's letter to John Walsh:


My Voice Nation Help
75 comments
Reeferrhetoric
Reeferrhetoric

THE PUBLIC WILL NOT BE ELECTING JOHN WALSH FOR ANYTHING ELSE,HE'S A NEGATIVE CANNABIS PROPAGANDA SLINGER. 

Kevin Hunt
Kevin Hunt

Whether its the Feds forcing Texas to fund Planned Parenthood, forcing Arizona to stop enforcing immigration law, or shutting down the dispensaries, the states are in full revolt.  Translation: we need less Fed interference!

Mike DeVault
Mike DeVault

Thank you Stan, I’m a patient and I vote!

Donkey Hotay
Donkey Hotay

Translation of Stan's Letter:

Dear John,

Please give the Continuing Criminal Drug Enterprises in Boulder special treatment by allowing them to operate with impunity. Instead continue to focus your enforcement efforts on the MMCs located in those other lesser counties of Colorado.

Sincerely,

Stan Garnett, Criminal Aider and Abettor in Chief, Boulder County

Guest
Guest

Don't you people know? It's the flooding basements. It's the MOLD! THE MOOOOHHHHHLLLLLDDD!!! Protect the children from the MOOOHHHHHLLLLLDD!

Matt in Boulder
Matt in Boulder

If only Garnett would have beat Suthers in the last election, this letter would have gone out on behalf of the entire state!  Better luck next time Stan.  I'll definitely be voting for you again.

High Country Caregiver
High Country Caregiver

Can't we all just get high and have fun? Where there are clowns there will always be puppets. Garnet is the ladder, someone just pulls his strings and he waves and smiles so people can laugh.

Donkey Hotay
Donkey Hotay

"Public Corruption" ??

As in corrupt Government employees and Politicians who are willing to aid and abet others in violating Federal Drug laws and Money Laundering laws on a daily basis -- eg. Marijuana Dispensaries ?

Checkmate !

High Country Caregiver
High Country Caregiver

Some douche a few posts up went off on me for saying I want to get high and have fun, as if there is something wrong with that.  Praise you for being open and honest.  Anyone should be able to do any drug they want anytime and no one should ever be allowed to interfere.  Interfering with your God given right to smoke what you want and feel how you feel after is pathetic and must come to an end.  I want to get high, so high!

Monkey Wrench
Monkey Wrench

The spine to prosecute MMJ patient Jason Lauve for felony marijuana possession?

Guest
Guest

There was a narc who had a beef and Hotay was his name-ohC.I.-C.I. oh, C.I.-C.I.oh, C.I.-C.I.ohand Hotay was his name-oh!

Michael Roberts
Michael Roberts

Terrifying post, Guest -- or should I say GGGGUUUUEEEESSSSTTTT!!!! Thanks.

Pay Attention
Pay Attention

 Yep, Garnett tried to reach out to the mmj community for support in that election  -- and got zip. Stupid stoners have their heads in the ground, hoping that politics swings their way by accident, refusing to put time or money into saving their asses politically. All markets are driven by politics. To ignore and refuse to participate in the political aspects of your industry is just plain dumb.

Patient
Patient

High Country Caregiver, I like a lot of your posts but as far as your "Can't we all just get high and have fun?" statements go I think they are out of line when referring to a medical program.  I'm in so much pain I can't get "high" from marijuana and after reading about your hip pain? if I remember correctly from your posts a while back I doubt you can really get "high" from marijuana either.  Marijuana makes me feel better by reducing my pain and by elevating my mood but I think calling that getting "high" makes marijuana haters think the medical marijuana is a sham.  I get "normal" from using marijuana, without it I'm in so much pain I can't even focus making me useless. 

I think getting "high" or "intoxicated" from marijuana is for binge users and I doubt that includes you.  I'm guessing you use about the same amount of marijuana every day throughout the day without getting intoxicated or impaired to manage your pain.  Sounds like medicine to me. 

Maybe you think any mood elevation is considered as getting "high" but when people outside the program hear that word used by marijuana patients they think you mean you are getting "intoxicated" from marijuana.  By all means I agree with you that marijuana patients should have fun and not stress over the constant bickering of marijuana laws but your choice of words does matter.

http://www.thefreedictionary.c...

high - Slang Intoxicated by or as if by alcohol or a drug, such as cocaine or marijuana.

Sorry for the long post.

Auto Correct
Auto Correct

If Garnet is the ladder, who are the rungs?

Kevin Hunt
Kevin Hunt

Or how about Ronald Reagan and Ollie North funding the cocaine-trafficking  Contras with money earned from the sale of shoulder fired missiles to Iranian Terrorists.  Does this sound like a bad movie plot?  It happened!  Checkmate!

Citizen80919
Citizen80919

 It would seem that the caregivers you endorse are also in violation of these same federal drug laws.  In addition to that, I highly doubt that they are reporting income and paying taxes to the state [as dispensaries currently do] due to their unregulated stature.  So it seems that they might be violating both state and federal laws.

Even the Tupperware lady has to report her taxes and income.  Failing to pay your fair share of taxes is both illegal and immoral.

In order to proclaim "Checkmate" you must first engage in an intelligent battle and be victorious in your efforts.  You have done neither.

Kevin Hunt
Kevin Hunt

I am going to nullfy your vote and vote YES.

Donkey Hotay
Donkey Hotay

No need to keep spamming the discussions with your dispensary advertisements.

Mike DeVault
Mike DeVault

Now there's some KGB's! Do you have a store front I can pay a visit to?

Colorado Mmj Patient
Colorado Mmj Patient

He learned his lesson and now stands up for us. He could of just done nothing like those other asshats. Stop being a troll.

William
William

 Yep, Garnett only turned over a new leaf after Jason was acquitted by a 12 person jury. The front page photo of one of Jason's jurors giving Jason a big hug outside the courthouse after the trial was too much for Garnett. He vowed "never again" would he stand for jurors hugging defendants. And all of a sudden became pro-mmj.

High Country Caregiver
High Country Caregiver

In my opinion marijuana is not a drug, I disagree with the free dictionary and I'm so fucking high right now and it's a lot of fun.  There Patient, the world didn't end.  Since you are keeping track of everything I ever said, I'm happy to communicate with my number one fan.  Even someone dying of Aids or Cancer can enjoy the high that marijuana offers.  The High Country Caregiver dictionary defines high as: elated, creative, and inspired.  None of that is bad, all of that is good, hence getting high is good.  If you find more benefit like pain relief, more power to you.  Call it medical, call it getting high, just use it and know the use of it.  Cannabis was brought here by aliens for man to use how ever we want.

Donkey Hotay
Donkey Hotay

You got it backwards, skippy.

The Iran-Contra scandal involved importing cocaine to the U$A, and then diverted that $$ for Ollie's criminal black-ops.

BTW -- Opium and Heroin production in Afghanistan is at an all time high since George aWol Bu$h's inept invasion. The years before the U$ invaded, the Taliban had suppressed opium/heroin production to the lowest levels in history.

Mission Accomplished !!

High Country Caregiver
High Country Caregiver

hmmmm.  Are you using as justifcation that caregivers are also income tax evaders to call caregivers immoral?  This is a very linear argument if I might say.  Which caregiver in particular is not paying taxes?  Anyone who earns an income in Colorado is required to pay tax on that income, bottom line.  Furthermor, there is a reward for reporting income tax evaders, and if you happen to know of a caregiver who is not paying income tax, I think that you Citizen have the moral obligation to report that person.  It may not be check mate, but don't forget that a few pawns around here are pretty powerful too.

Donkey Hotay
Donkey Hotay

Still shilling for the Greedy Big $$ Dispensary Cartels, eh Don ?

joe mama
joe mama

No need to keep spamming the discussions with your regurgitated nonsense.

Guests
Guests

fucking narc ass bitch

Joseph
Joseph

no monkey, you scare me. your readiness and willingness to post my first, middle and last name and the town where i live HERE is audacious. that's great that you took the time to find this obviously public information. if others wanted to find it then let them find it. it is all readily available if you know where to look. what's not so great is that you took it upon yourself to go as far as you did for no apparent reason. if you were truly concerned and hoped the best for me, as you put it in your previous post, why would you go as far as to post my first, middle and last name and my town HERE. what made you feel obligated to do that? what made you think you had the right to do that? your self-righteousness is very scary. note to anyone who posts here. monkey apparently has nothing but time so do not give him/her any leads to your true identity because he/she will seek it out and when found it will be posted here. at least i am out in the open and will post my name while you hide monkey boy. too bad even a monkey has an IP address. 

Donkey Hotay
Donkey Hotay

Duuuuude ... just because you are too lazy or inept to look-up that info doesn't mean the DEA is.

Just ask Chris Bartkowicz on the wisdom of blind public publicity.

Inmate # 36791-013FCI ENGLEWOODFEDERAL CORRECTIONAL INSTITUTION9595 WEST QUINCY AVELITTLETON, CO  80123

Donkey Hotay
Donkey Hotay

Better that it get blown-up in the virtual world, causing some much needed circumspection on such risky blind public advertising ... than to have it blown-up in the real world, by the flash-bang grenades of a narco-SWAT team.

HipTip: Don't Bartkowicz yourself.

Mike LaVoy
Mike LaVoy

and what would make you feel so righteous as to post all said info here? why volunteer said information here of all places? why? are you an informant? that's great that you took the time to find out this info, get a life by the way, but what made you feel compelled to post your findings here. are you jealous of something? are you a jaded MMC owner trying to take down competition? or are you just trying to set this guy up to get robbed? what the hell is your problem? you scare me. douche is as a douche does. you'll get yours.

Monkey
Monkey

I'm sorry you think I threw you under the bus, I thought the "dure" meant you knew you already did that yourself. I'm sure I'm not the only one who clicked on your website and was curious who you are. If posting public information makes you contemplate shutting down, why would you publicly give people the means to find out your home address and admit to growing there on a comment board? You should have told me that was the registered agent and you don't know what I'm talking about, but instead, you confirmed it. Please seek a competent attorney, you scare me.

Mike LaVoy
Mike LaVoy

wow monkey, that is fucked up. not fucking cool man. no cool at all. i'm with joe mama and the cigarette thing. except, said eyeball should be removed with a rusty spoon after the damage is done. you deserve it. go fuck yourself narcboy. wow. just wow. the audacity. let me find out who you are monkey. hide behind your handle pussy. you probably fling poo into your own mouth. catch ya on the flip side.

joe mama
joe mama

way to blow up someones spot publicly you monkey raping shit eater. nice going douche. that's mighty white of ya. can i get a hi-five? what a bunch of assholes. fucking narc. someone should put out a cigarette on your eyeball.

Joseph, 303 Organics
Joseph, 303 Organics

yeah, sure. 1 big difference though. i might, might, might get $4,000 a year to his supposed $400,000 a year. not quite the sequel, donkey punch.

Joseph, 303 Organics
Joseph, 303 Organics

i know that the info is public as that is what happens when you organize articles with the sec. of state. dure. address is great and so is our security. we are trying very hard to do the right thing. helping those patients stuck between the CDPHE, MMED and a hard place while flying within the legal framework laid out by A20. legal patients assisting other legal patients with the acquisition of MMJ. we NEVER fly outside of what we are allowed in any capacity, plants, total weight or amounts patients can have. shit, i run (1) 1000w. county officials have knowledge of what we do and we have had their blessing for almost a year now. top sheriff even told me about a car that drove by my house that didn't look right. was concerned for our safety. we aren't looking for customers as you say. more so we have heard the stories from patients and their various difficulties with this and we just want those in need to know we are here to help, albeit in a very small capacity. basically fill some gaps between paychecks and such. so yeah, i know. oh, and thanks for voluntarily volunteering the info about me on this comment board. thanks. you say you think i'm trying to do the right thing but you just basically threw me under the bus. i guess i'll just shut it all down and tell those i do help to go somewhere else. i'm out and shut down. be well.    

Donkey Hotay
Donkey Hotay

Bartkowicz: Living the Dream -- the sequel

Monkey
Monkey

Be careful, I don't think suggested donations is a good idea to advertise when describing orders placed, discounts etc. They can find you as easily as I can Joseph Russell Francis, I have your address in Rollinsville too but I wont post it. I think your trying to do the right thing and I hope the best for you, but realize your information is public information and not everyone has good intentions. By the way it took me less than 5 minutes to find your personal info and I'm sure you know where I got it 303 organics. I know you're looking for customers but you might not be paranoid enough.

High Country Caregiver
High Country Caregiver

Your comment is among the most powerful I've read in awhile.  Jury Nullification is key here.  Not matter what the laws are, if a brought before a jury, a jury being unable to convict those accused of marijuana crimes means marijuana is no longer a crime anymore.  More than any other crime, I think in Colorado we will be able to count on Jury Null more and more often.  No matter how guilty the prosecution paints you, a jury will always find you not guilty means the end of the marijuana war!!!!

William
William

Why does everyone think this Donkey_Hotay character is a cop? Just because he bashes the establishment? Calls dispensary owners greedy? Tells people the truth about federal law? The greedy dispensary owners and their greedy lawyers would have done a lot better if they would have listened to DH over 2 years ago. Everything he predicted has come true. I guess the truth hurts, and some people's only defense is to lash out and call names.

Monkey
Monkey

Caregivers and gardeners only get 1099ed if their customers deduct their fee. Patients can't deduct payments to a caregiver so they wont 1099 them. The tax caregivers are required to pay is called income tax, not a 1099 form. Caregivers, gardeners and MMCs can all cheat on their taxes, it's called tax fraud, and it's just as easy for a business to do as it is for individuals. 

Really_WOW
Really_WOW

And that is a tax they are not paying. We all know that they are not claiming their services. Donkey why not go get a job, obviously you have way too much time on yur hands. CU next week! I got to get back to work.

Donkey Hotay
Donkey Hotay

When you comprehend the difference between sales tax and income tax, get back to us you stammering stoner.

Really_WOW
Really_WOW

 Please learn the business laws. Service positions (caregivers, gardener's do pay tax it is call a 1099 form. I I know for a fact that many private caaregivers know nothing about 1099's and are not paying their taxes.

Guest
Guest

I don't buy weed, from anyone. I don't work in the industry, I'm not a cop or a caregiver. But this Hotay guy sounds like a confidential informant to me. Reminds me of the "Jewish police" in Warsaw, selling everyone out till there's no one left to sell, and the bad guys come for him. He'll squeal the loudest, I bet.

Monkey
Monkey

I hate to cime in but caregivers are service providers, like a gardener or chef. No one is required to pay sales tax on services and service providers are not required to collect sales tax for services rendered. Patients pay caregivers for the same services that MMCs pay their employees for, to shop, clean, cultivate, trim, cure, dispense etc. I will quote the new CDPHE rules that basically restrict caregivers from collecting sales tax.

"A primary care-giver may charge a patient no more than the cost of cultivating or purchasing the medical marijuana, and may also charge for care-giver services."The typical "cost of cultivating" for tax purposes include supplies and labor. Caregivers charge for everything it took to provide for the patient and MMCs charge for a product. Similar to paying retailer for a tomato or paying a gardener to grow you a tomato. 

Citizen80919
Citizen80919

I speak in facts, you speak in troll.

MMCs are not MMJ suporters?

Where are the details of somebody hijacking "your" movement?

How can you substantiate that "Dispensaries are greedy"?  Many are going out of business due to insufficient income. The rest have lowered prices to 50% of the previous caregiver rates.

Identify this "Cartel" dispensary.  [I don't think there is one actually]

Provide details of this exploitation of "your" movement. Pretty obvious that all you can say is "dispensaries suck"

Please provide some substance or go back under your bridge.  You are bad for "your" movement.

And your Google skills are not as great as you think they are.

Donkey Hotay
Donkey Hotay

Or perhaps the MMJ supporters are tired of having their movement hijacked and exploited by the greedy Big $$ Dispensary cartels.

Why are you such a shill for them, Don ?

Citizen80919
Citizen80919

Not discriminating against caregivers by any means.  They do a great job of providing meds to the patients that need them.  Like Medical Marijuana Centers, there are good ones and there are bad ones. 

The Donkey's constant barrage of "all MMCs are evil" is not only an unsubstantiated lie, but damaging to the movement for all involved.  My posts over the years tend to correct misleading information usually from prohibitionists. Infighting within the cannabis movement is retarded but being fueled by this troll seemingly with the Medical Marijuana supporters.  Who knows, maybe they are a prohibitionist trying to fuel the infighting.

Donkey Hotay
Donkey Hotay

Do you have short term memory loss?

As I clearly stated in an earlier reply, they are violating some of the same Federal laws.

I then informed you that the Feds have stated they would not focus enforcement on legitimate patients and their private caregivers, instead they declared they would focus on the larger scale Retail Dispensaries and Commercial Grows.

You of course foolishly denied that fact, to which I posted the direct quote from the Feds that illustrated your continued ignorance of reality.

Do you need me to repost the policy quote from the Feds?

High Country Caregiver
High Country Caregiver

I can't keep track of everyone and what they are saying.  The Westword blogs are awesome because everyone is allowed to participate and say what they want uncensored.  To me, this is rare, and priceless in our society, the ability to speak your mind.

As far as your question, my answer is 'yes'.  I give my fellow law obeying Americans the benefit of the doubt regardless of the source of their income that they are paying taxes on that income.  This is why America is great.  Americans are honest and pay their taxes.  As far as every single person paying taxes, no, seriously I don't believe that's the case, which is why obviously people go to prison, get audited, loose their gains, etc....  Again, I firmly have faith that most individuals do pay their taxes on income, even caregivers who you choose to discriminate against so generally without warrant and without specific example.

Citizen80919
Citizen80919

 Your carefully crafted and intelligent response failed to address the issue of how you think that caregivers are not violating the same federal laws as Medical Marijuana Centers.

Donkey Hotay
Donkey Hotay

Your Greedy Big $$ Dispensary Cartels are damaging to the image of cannabis as medicine.

HTH.

Citizen80919
Citizen80919

You expect the intelligent readers on this board to believe that all of the marijuana sold to patients by private caregivers is being sales taxed then also reported as state and federal income? Seriously?

Point is Donkey_Hotay has been on an incessant and misleading attempt to discredit legitimate dispensaries, favoring private caregivers.  While there are many caring and legitimate caregivers, there are many that are profit driven.

Constantly calling out MMC's as "Greedy Big $$ Dispensary Cartels" is not only retarded and childish, but damaging to the image of Cannabis as Medicine.

Now Trending

Denver Concert Tickets

From the Vault

 

Loading...