On March 1st, Kush Magazine received the following statement from Rob Corry:
“For too long, Colorado's Medical Marijuana community has operated under the shadow of the Federal Government; we did not know where it stood or where it would strike next, such uncertainty prevented us in some cases from obtaining loans, banking, forging business partnerships or signing leases. Now, with this exchange of letters, we know and can act accordingly in reliance. These letters -- and the actions they memorialize -- establish a federal policy of not touching any Colorado Center or caregiver operation outside of 1000 feet of a school. Although we disagree with US Attorney John Walsh that 1000 feet makes sense or is a reasonable boundary, finally this community has solid guidance from the United States Government upon which the industry and its potential business partners can base future decisions related to investment, loans, banking, start-up capitol, leases, and so forth.”
Kush was told that on February 6, 2012, Robert Corry began corresponding with United States Attorney General John F. Walsh for the District of Colorado regarding the 23 letters sent in January to select medical marijuana centers and their landlords threatening federal prosecution or forfeiture. Each of these centers was deemed to be within 1000 feet of a school. Corry inquired about the alarming press release by US Attorney spokesman Jeff Dorschner stating this was only the first wave and that a “second,” “third” and “fourth” wave was coming. In Corry’s February 6th letter he requested a meeting to determine if there is “any common ground” between their relative positions. Corry set forth all of arguments he was relying on in representing the Colorado medical marijuana industry, attempting to clarify the Federal government’s position.
On February 22, 2012, Walsh responded by dismissing Corry’s arguments and declined to meet to discuss the Federal Prosecutor’s position. Walsh stated that Corry failed to identify whether he represented any of the 23 centers that received letters and by not stating whom his clients were, he did not in essence have “standing” to meet with the US Attorney’s office. Corry’s office then responded in a March 1, 2012 letter and determined that Walsh’s response established a “safe harbor” for centers operating under Colorado law that were over 1000 feet from a school. Based on Walsh's statements, Corry’s letter goes on, "we will advise our clients and others that they have nothing to fear from the federal government so long as any operation can be measured at over 1,000 feet from a school. Thank you for providing concrete federal guidance after over a decade of uncertainty in this area. Even though we may disagree with the answer, at least it is an answer, and now all can move forward."
On March 2nd Corry then received a heated response from his March 1 letter from Walsh. Walsh refuted that he in any way established a safe harbor from federal enforcement, let alone did it create one. In fact Walsh states, “The purported safe harbor described in your March 1, 2012 letter does not exist,” and to advise your clients that a safe harbor from federal enforcement exists would be untruthful.
So where does this leave the MMJ community in Colorado? Please go to www.KushMagazine.com/thecorrywalshletters to read the entire correspondence from Robert J. Corry and John Walsh and to read any up to the minute updates in this ongoing debate. Perhaps you can help us come to a conclusion.
