Not too long ago, critics were likening the medical marijuana movement in Santa Barbara to the cannabis culture equivalent of the Wild West: more dispensaries than Starbucks, no city oversight, and law enforcement without a clear mandate. Things have changed quickly, however, with the city stepping in earlier this spring to craft an ordinance outlining the dos and don’ts of dispensary operation. Now, just last week, the federal government’s Drug Enforcement Agency (DEA) and Department of Justice (DOJ) paid a visit to Santa Barbara and threatened the people who rent their properties to California-approved cannabis clubs with hefty fines, property seizure, and criminal charges for violation of federal law.
According to local attorney Joe Allen, who sat in on at least one of the several meetings between federal officials and landowners on August 5 and 6 at the Santa Barbara District Attorney’s office, “In very clear terms, they said this is the last warning: The government is going to shut all of these clubs down and the government is going to prosecute anyone involved.”
The visits, which Santa Barbara District Attorney Christie Stanley coyly refused to confirm or deny, leave in their wake a questionable future for the eight or so medical marijuana shops that operate in Santa Barbara and the thousands of patients who visit them each week to seek relief from a wide variety of conditions. In the opinion of Allen, who is considered a go-to guy within the state for the hazy landscape of medical marijuana law, the heat turned up by the DEA this week has worked so well that he suspects “virtually every cannabis operator” will receive or has already received an eviction letter from his or her landlord.
Adding to the fallout is the city’s aforementioned cannabis ordinance, which essentially voids business permits for any clubs that suspend operations for 30 days. It is feasible that most operators will not be able to reopen even if they succeed in the uphill battle of finding a landlord willing to rent to them.
Paul Wellman (file)
Josh Braun, (left) owner of Hortipharm Caregivers, says he will close the doors to his State St. dispensary by September
One of those who has already received his eviction order is Josh Braun. His dispensary, the third locally when it opened in 2005, had been operating on the 3500 block of State Street, nestled among restaurants, a coffee shop, and a gardening store. But after his landlord’s lawyers met with federal authorities last week, his days of operating Hortipharm Caregivers are numbered. His doors will close by September. “I’ve got 20 employees with salary and health benefits—most of them with families—who are going to be out of work in a crappy economy,” explained Braun recently before adding with marked frustration, “And for what? Because the feds don’t want to respect the people of California? ”
Braun’s landlord, John Friese, said the eviction didn’t result from bad behavior on Hortipharm’s part but from the threat of property seizure and thousands in fines. “I was basically being told by the DOJ … that I better get them out and get them out in a hurry or else.”
Adding insult to injury, Santa Barbara Bank & Trust called Braun the day after the meeting last week to inform him that his accounts with the bank, or at least those associated with Hortipharm, would have to be terminated because of his line of work. “For years, it wasn’t a problem but now, all of a sudden, the same day the feds come to talk to my landlord, it is,” scoffed Braun. According to him, at least one other dispensary in town received similar word from Bank of America last week.
The United States Attorney General’s office did not return calls for this story. The DEA office referred calls to the Attorney General.
Double-clicking on any word or phrase in this story will open a reference window with definitions and links to other reference material.

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No criminal prosecutions are planned for former Justice Department officials accused of allowing politics to influence the hiring of prosecutors, but "The government is going to shut all of these clubs down and the government is going to prosecute anyone involved.”
Go figure.
Nitz (anonymous profile)
August 13, 2008 at 1:44 a.m. (Suggest removal)
Ethan,
Why don't you call Diane Feinstein, Barbara Boxer, and Lois Capps and find out where they stand on this issue?
Seriously, these are the sort of issues that voters have a right to know about when they go to the polls.
We know what the Republican Gestapo (AKA US Attorney General) thinks. Shouldn't we expect our US Representatives to stand up for the people of California?
Think of all the tax revenue we could gather if pot was simply leagalized for sale...
sa1 (anonymous profile)
August 13, 2008 at 2:36 a.m. (Suggest removal)
I blame the doctors that recommend the marijuana. Had they been vigilent to only recommend to people that truly need it, the feds would not have gotten involved. I think we all know people who have a recommedation that don't need it. Once the feds preceived the law as being abused they jumped in. I feel bad for all the people that are going to lose their medicine from this but I think there is plenty of blame to go around for why the feds are getting involved starting with the doctors.
johnny123 (anonymous profile)
August 13, 2008 at 7:08 a.m. (Suggest removal)
This issue is never going away...its either going to be a legal, safely distributed product...or a shady, illegally distributed product(contributing to scores of other crimes and related issues)...one way or another santa barbara is staying green.
frankzappa (anonymous profile)
August 13, 2008 at 8:26 a.m. (Suggest removal)
Passing one the city's dispensaries several times a week I get a pretty good idea of what's really going on. For every middle aged person with a health problem that I see coming out of a dispensary I see four or five leave and hop in a car giggling with their friends.
This law truely is being abused much more often than it is being used.
Gordo (anonymous profile)
August 13, 2008 at 9:09 a.m. (Suggest removal)
so what if it's being abused. The clinics are employing people and paying taxes. Probably a much higher rate than most large companies in the state. There needs to be some serious legislation crafted to protect the residents of California from a backward thinking, outrageously expensive, destructive, and failed federal drug policy.
poedag (anonymous profile)
August 13, 2008 at 10:25 a.m. (Suggest removal)
It's a sad day in Amerika when laws passed by voters are ignored by the Feds and that government agency can use draconian tactics to intimidate landlords to serve as their executioners. As for B of A and SB Bank & Trust, what a bunch of two faced chicken s..ts
lordleadbetter (anonymous profile)
August 13, 2008 at 11:30 a.m. (Suggest removal)
Number 1, just like anything else people can abuse the system. We need to design the system for those who use it legally, not the minority who abuse it.
It's like saying that because some underage kids abuse alcohol, that all liquor stores should be shut down. Or if someone gets their hands on prescription drugs that are not for them - we're not going to close down all the pharmacies are we? Of course not, we're going to design them to work for the majority of people who use it as they should.
The statistics clearly show that since California passed prop 215 that underage people using illegally Marijuana has gone down. Funny, as the feds report that arrests for Marijuana have gone up.
I think if nothing else, that clearly shows the reality of the way it is, not the reality the feds want to make us believe.
Soon Bush will be out and his hard core style of law enforcement will be out as well. Hopefully whoever is elected next will believe in those silly things called facts, science and statistics.
I'm a proud supporter of Hortipharm and it'll be a sad day when they are forced to closed down.
bronc (anonymous profile)
August 13, 2008 at 1:05 p.m. (Suggest removal)
Nice picture!!!
osotoh (anonymous profile)
August 13, 2008 at 3:18 p.m. (Suggest removal)
If you don't like having a federal government sticking their nose in your business, then secede from the USA. If you don't want to do that, or can't get enough votes to do so... get over it!
ty (anonymous profile)
August 13, 2008 at 4:34 p.m. (Suggest removal)
Where can we organize to surround the dispensaries so they can't just come in and break everything without a fight. It's too easy for them to trash our rights. How about state's rights, we voted for these medicinal marijuana dispensaries. The city is working on regulations and the Feds don't care, in fact the worst possible case for them is it is tightly regulated and it functions well. They don't want to see that. They don't want to see jobs created, taxes increase.
I am a startup, I don't smoke pot but I'll be damned if I sit idly by while these people negotiate with the owners of buildings, hoping they can trample on our rights while we don't notice.
Screw that. So where can we go to get alerts for raids so we can go there, if not I'll create a site. I am sick and tired of being sick and tired, it's time to stop bitching and take action my fellow SBers.
sbpuppet (anonymous profile)
August 13, 2008 at 6:16 p.m. (Suggest removal)
I meant "I have a startup" vs "I am a startup". I work long hours, but I'll still find some time as a human shield to surround dispensaries so that jackbooted thugs don't trample over our rights easily, they're going to have to work a little harder.
sbpuppet (anonymous profile)
August 13, 2008 at 6:20 p.m. (Suggest removal)
Leadbetter: "It's a sad day in Amerika when laws passed by voters are ignored..."
You are so right...Just like Prop 187...Just like the gay marriage vote...Majority doesn't rule: AGENDA'S and ideologues rule.
azuresees (anonymous profile)
August 13, 2008 at 10:15 p.m. (Suggest removal)
What a huge waste of taxpayer dollars. The inability of our oppressive administration to respect the laws of the state is unforgivable. The war on drugs is a sham, any reasonable person knows this, and medical marijuana provides serious relief to countless numbers of ailing patients. Just because it isn't lining the pockets of the old crony network and their big-pharma buddies, the persecution continues.
fearbeneath (anonymous profile)
August 14, 2008 at 12:25 p.m. (Suggest removal)
People who keep blaming those who "abuse" the system are really fooling themselves.
If a doctor wants to recommend a substance that helps someone get through their day more healthfully, then let them. That is what America is supposed to be all about. Stress is the number one cause of ALL disease and illnesses. Depression can be debilitating for some. There are plenty of ways which one can benefit from the use of this substance. I am sick and tired of fascists thinking that they know what is best for us, and that they think they can tell us how to run our lives or put is in a cage without harming someone else.
This is one of the most harmless substances on the planet. Ever since the industry exploded in this community, the problems with gang violence has increased, but they of course have NOTHING to do with each other. Problems with people using cannabis are virtually nonexistent. Expecially when compared to, say, alcohol.
loonpt (anonymous profile)
August 15, 2008 at 3:02 p.m. (Suggest removal)
sbpuppet-
i agree with you. we the people need to stand up for our rights. f**k the DEA, lets form a human shield around all the dispensaries and make them arrest all of us.
unfortunately i think sbpd will fall in line with the fascist thugs, but it would be a great day when our local police actually protects and serves the people of santa barbara who voted for these rights and who are paying their salaries.
iriesouljah (anonymous profile)
August 15, 2008 at 4:14 p.m. (Suggest removal)
Why are you all overlooking the fact that the federal law in terms of substances (i.e - drugs and alcohol) supercedes any state law? The DEA is just doing their job. People in CA seem to think that you can vote in a "change" to those laws/regulations (Prop 215, and SB 420) BUT YOU CAN'T!!! That is not how drug laws work in the USA. Marijuana is an ILLEGAL drug on the list for Schedule 1 controlled substances (http://www.usdoj.gov/dea/pubs/scheduling...) which is why doctors cannot PRESCRIBE it. Some doctors try to get around the law by "recommending" it, not prescribing it. That is why it is NOT carried at pharmacies. People decided to open "dispensaries" which even by the state of CA, are illegal (see link below). They should have read the CA law a little closer. You are not allowed to make a profit distributing pot to anyone, even if they are on your "primary care" list. (http://www.canorml.norml.net/prop/cbcbus...) READ THIS PAGE, it is NOT written by the government. The federal government is just enforcing the laws, state and federal.
STOP COMPLAINING AND WHINING. There is no legal way to run a dispensary and make money from it in the United States. Sorry. End of story.
As a long time resident of SB I have seen the problems that the dispensaries bring into the neighborhoods where they are located. Outside of a few people who claim to need it medically, the majority of customers I see going in and out leave, go around the corner and give some to thier friends, either right on the street or in a nearby vehicle. The City Council originally chose to do nothing about the problem until residents spoke up. The laws need to be enforced. City leaders are losing the respect of the community. Things need to change quick before even worse things begin to happen.
LongtimeLocal (anonymous profile)
August 15, 2008 at 11:23 p.m. (Suggest removal)
@ "LongtimeLocal"
We could take the time to stop and explain the 10th Amendment to you, where the federal government is limited to the powers expressly given to them by the constitution, but the effort would probably be wasted on someone (you) who claims to (but clearly doesn't) understand the drug laws in the first place. It's not just California, but 12 states that have passed these laws. Think they should be ignored, too?
Maybe YOU should read *this* page:
http://www.drugwarfacts.org/medicalm.htm...
Feel free to note that the Institute of Medicine, a *Federally-Funded* scientific organization, found that "The accumulated data indicate a potential therapeutic value for cannabinoid drugs, particularly for symptoms such as pain relief, control of nausea and vomiting, and appetite stimulation."
Instead, you offer the typical rhetoric and hearsay that one might expect from a media outlet like Fox News. Congratulations, you've dumbed down the debate and alienated a large population of medical patients! Proud of yourself now?
drberticus (anonymous profile)
August 17, 2008 at 4:56 p.m. (Suggest removal)
The war on drugs is costing us far too much public revenue that could be devoted to the invasion of other countries.
Just like in Vietnam, it's these damned POT SMOKERS who are standing in the way of our plans to build a global empire!
raisingawareness (anonymous profile)
August 17, 2008 at 6:51 p.m. (Suggest removal)
The title of the article should be "Medicinal Marijuana Imperils community - Feds come to rescue" not "Shakedown From Feds Imperils Medicinal Marijuana"
Is that biased or what?
Are we supposed to feel sorry for the imperiled Marijuana? Don't worry theres still plenty in our back hills and coming across the border....poor baby boom granny from the 60's with a headache will just have to go back out on the streets to maintain her habit...
AShaw (anonymous profile)
August 20, 2008 at 3:42 p.m. (Suggest removal)
I always suspected loonpt was a pothead... now I know.
AShaw (anonymous profile)
August 20, 2008 at 3:45 p.m. (Suggest removal)
Wait maybe everyone in SB is smoking pot - that sure explains a lot.
AShaw (anonymous profile)
August 20, 2008 at 3:53 p.m. (Suggest removal)
You know that pot "in our back hills and coming across the border" would be eliminated entirely if marijuana were legalized and taxed. Despite the fact that marijuana is illegal federally there is still massive demand for it, and as a result of this demand there is a thriving black market. Prices are artificially high because of the high risk involved in growing or importing the substance. However if you legalize and tax, legitimate businesses will thrive because they will be able to deliver better product at lower prices. They would be able to do this by growing locally and openly.
The DEA doesn't even need to worry about their position. They could just become the de facto drug regulators. They could focus on shutting down illegal operations that don't have the permits or meet the standards to operate. The ATF does it with alcohol and tobacco, why couldn't the DEA do it for marijuana?
Ithinkunlikesomanyothers (anonymous profile)
August 21, 2008 at 8:25 p.m. (Suggest removal)
longtimelocal should go back in the cave and see the light.
every item in the world legal or not is abused. thats called human nature. Education is the most valuable commodity we have and if people would read why marijuana was prohibited in the first place they would start to see the big picture. When longtimelocal gets old an his doctor says he's dying from cancer and marijuana would help him. will longtime choose to live or die with less pain? get down to the basics and the answer will reveal itself.
joebean (anonymous profile)
August 22, 2008 at 10:43 a.m. (Suggest removal)
saying doctors are to blame ? Think about it, Why would an Educated person - A Doctor - Recommend a drug that could harm his profession and practice ?
Maybe he's doing the right thing ?
Abuse- I had a Doctor prescription for (Nueromptain <spelling?) that made me lose ability to tell what day it was.This Doctor was getting a kick back for prescribing the drug. Which is now recalled. I was smart enough to stop taking this drug after a few days.
Think about who benefits from drugs ?
Who would be best to know what would help them? !- A Drug Corp. 2- A Doctor 3- Yourself 4- Government ???? I'll decide for me (#3) whats best and I'll get an educated opinion from (#2) A Doctor and by-pass a corporate entity and a politician.
joebean (anonymous profile)
August 22, 2008 at 11:05 a.m. (Suggest removal)
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