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Three arrested in pot seizure

by repost
Federal and local authorities raided a medical marijuana dispensary
and its owner's home Thursday morning, and investigators arrested
three people as part of an alleged illegal marijuana trafficking
operation.
<http://www.bakersfield.com/local/story/5600956p-5579129c.html>

Three arrested in pot seizure
By NADA BEHZIZ, Californian staff writer e-mail: nbehziz [at] bakersfield.com

Posted: Thursday September 8th, 2005, 11:00 PM Last Updated: Thursday
September 8th, 2005, 11:20 PM

Federal and local authorities raided a medical marijuana dispensary
and its owner's home Thursday morning, and investigators arrested
three people as part of an alleged illegal marijuana trafficking
operation.

KW Associates, Realtors
Agents seized 20 pounds of marijuana at a wholesale value of $800,000
and three stolen firearms during the raid, they said.

The owner of Free and Easy Cooperative on North Chester, James
Holland, and his associates Michael Kilpatrick, 44, and Thomas
Wright, 34, were arrested on suspicion of possession of stolen
firearms, federal officials said.

They may also be charged with possession of illegal drugs, federal
agent Gordon Taylor said.

The raid was the first in Bakersfield since the U.S. Supreme Court
dealt a blow to the medical marijuana movement by ruling that the
federal government has the authority to prosecute people whose
activities are legal under state law but are prosecutable under
federal law.

California voters approved Proposition 215 in 1996, which allowed the
useof marijuana under a doctor's prescription for medicinal purposes.

"Clearly possession, distribution or sale of marijuana is a violation
of federal laws that was reiterated by the Supreme Court decision,"
Taylor said. "We are going to enforce not only those laws that have
to do with heroin and cocaine but marijuana laws as well."

Authorities said the raid was the culmination of a six-month
investigation of an operation run by Holland that involved officers
from the federal Drug Enforcement Agency, the Kern County Sheriff's
Department, the Bakersfield Police Department, the federal Bureau of
Alcohol, Tobacco and Firearms and the U.S. Attorney's Office.

The DEA issued search warrants for both Free and Easy Cooperative on
North Chester Avenue and Holland's home.

Most of the marijuana was found at Holland's house, Taylor said.

When drug enforcement agents and investigators arrived at the
dispensary Thursday morning, they saw Holland drive away from the
shop, Taylor said.

During a pursuit, Holland threw a loaded 40-caliber handgun out of
his car onto the sideway along North Chester Avenue, Taylor said.

Taylor said each marijuana dispensary will be looked at on a
case-by-case basis.

"Often these dispensaries are owned and operate by common criminals
that are using state marijuana laws to hide behind," Taylor said.

There is one other medical marijuana dispensary in Bakersfield.

--
by DG CALNORML
To the Bakersfield Californian:
Your report on the Bakersfield medical marijuana raid inaccurately
stated that the police found 20 pounds of marijuana with a wholesale
value of $800,000. The wholesale value of marijuana is around
$3,000 or $4,000 per pound; thus the value of 20 pounds would be
$60,000 - $80,000.
Also, the report omitted a significant detail about what
precipitated the raid. The operators of the dispensary had called
the sheriff to report a robbery. After visiting the store, the
sheriffs called in the DEA. This action was uncalled for since the
state already has laws dealing with marijuana, and the store had been
trying to abide by them lawfully. If the sheriffs felt that the
store was illegal, they should have warned them beforehand, rather
than saddle US taxpayers with the burden of prosecuting and
imprisoning yet more offenders for activities that most Californians
do not believe should even be a crime.
- Dale Gieringer, Coordinator, California NORML
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