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...federal Drug Enforcement Agency (DEA) is estimated to have spent more than $10 million from 2005 to 2007 on raids on California dispensaries alone. (Twelve other states have legalized medical marijuana.) Legal costs are almost impossible to calculate in the Golden State. "I suspect it's well above $10 million, and that doesn't even take into account the fee for the time it's taking me to defend these cases. The government doesn't have to pay for that, but it's certainly an expense," says Joe Elford, ASA staff attorney. "It's the beginning of the end, hopefully...

Author: /time Magazine | Title: In California Marijuana Truce, a Legal Gray Area | 3/29/2009 | See Source »

However, though enforcement on the state and federal level may now be virtually the same in the affected states, a large legal gray area remains. "They've only begun to scratch the surface on this," says Dale Gieringer, California coordinator for NORML, a group lobbying to legalize marijuana. "They're going to have to change the whole treatment of marijuana under federal law because you can't just have a law lying around and say, 'Well, we're just not going to enforce it in this case,' and leave it like that. If they don't change the law, there...

Author: /time Magazine | Title: In California Marijuana Truce, a Legal Gray Area | 3/29/2009 | See Source »

...requested that prosecutors provide a written clarification from the Justice Department on the Obama Administration's position that federal agents target marijuana distributors only if they violate both state and federal laws. Thom Mrozek, spokesman for the U.S. State Attorney's Office for the Central District of California, said they were reviewing the judge's request but declined further comment...

Author: /time Magazine | Title: In California Marijuana Truce, a Legal Gray Area | 3/29/2009 | See Source »

...attitude toward the use and distribution of marijuana." One of the most serious federal charges leveled against Lynch was that he sold the drug to more than 250 minors, which is defined as under 18 under state law and under 21 under federal laws. (Read "Can Marijuana Help Rescue California's Economy...

Author: /time Magazine | Title: In California Marijuana Truce, a Legal Gray Area | 3/29/2009 | See Source »

Furthermore, the feds can still cite the double requirement - violation of both state and federal laws - to justify a raid. Just a week after Holder's announcement, the DEA raided Emmalyn's California Cannabis Clinic in San Francisco, claiming it violated both sets of laws. Evidence used to justify the raid is currently sealed and not available to the public. However, the San Francisco Chronicle reported that a source in the city government said the state law that was broken was a sales-tax violation. Emmalyn's attorney and a former district attorney for the city, Terence Hallinan, says, "They...

Author: /time Magazine | Title: In California Marijuana Truce, a Legal Gray Area | 3/29/2009 | See Source »

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