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Internal Fed Memo On Medical Marijuana Crackdown Leaked


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Federal task force partners in California for internal law enforcement use only. Not for public use or circulation... This memorandum outlines factors that all four California U.S. Attorneys Offices (the USAOs) agree may render a particular marijuana case suitable for federal prosecution....


1) Domestic distribution cases.

Federal prosecution of a case of domestic distribution of marijuana should generally involve at least 200 or more kilograms of marijuana and also include additional factors that reflect a clear federal interest in prosecution (Footnote 2—This guidance for domestic distribution cases does not apply to cases involving distribution within or smuggling into a federal prison.18 USC 1791). Typically the more marijuana above 200 kilograms the better the potential for federal prosecution. Domestic distribution cases involving quantities of marijuana below 200kilograms should demonstrate an especially strong federal interest or should not be prosecuted with marijuana distribution as the sole federal charge. Set forth below is a non-exhaustive list of factors that USAOs believe indicate a federal interest in a domestic distribution case.


*Distribution by an individual or organization with provable ties to an international drug cartel or a poly-drug trafficking organization.


*Distribution of significant quantities to persons or organizations outside California.


*Distribution by individuals with significant prior criminal histories.


*Distribution by individuals with provable ties to a street gang that engages in drug trafficking involving violent conduct.


*Distribution for the purpose of funding other criminal activities.


*Distribution near protected locations or involving underage or vulnerable people (e.g. in violation of 21 USC 859 persons under 21, 860 near schools, playground and colleges, 861 employment of persons under 18).


*Distribution involving the use or presence of firearms or other dangerous weapons including cases that would support charges under 18 USC 924c.


*Distribution generating significant profits that are used or concealed in ways that would support charges of federal financial crimes such as tax evasion, money laundering or structuring. Note: Generation of significant profits alone generally will not be viewed as a factor weighing in favor of federal prosecution.


*Distribution in conjunction with other federal crimes involving violence or intimidation.


The cultivation and dispensary sections are somewhat similar as far as the quantities that should be involved (2000 Kg, 1000 plants (500 on federal land)).


Full article here.



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