Center for Investigative Reporting

An operation by state narcotics agents that tracked a shipment of high-grade marijuana from Northern California led police to a suburban Kentucky house and two National Football League players, law enforcement authorities said.

Cincinnati Bengals teammates Jerome Simpson and Anthony Collins, both 25, were at Simpson’s home in Crestview Hills, Ky., yesterday when a package allegedly containing 2.5 pounds of marijuana arrived at the house in what authorities called a controlled delivery.

A third person, Aleen Smith, allegedly signed for the package, which was sent from Eureka, Calif., and intercepted in Sacramento, authorities said. All three were questioned at the residence, but no arrests were made at the time.

Inside the home, police allegedly found six more pounds of marijuana, other empty parcels, scales and packaging material.

“The house was set up as a potential distribution network,” said Tommy LaNier, head of the National Marijuana Initiative, a group that is funded by the Office of National Drug Control Policy and helps coordinate marijuana enforcement operations around the United States.

“They had it all set up to receive supplies of high-grade marijuana from Northern California, and from there, it was being distributed from that residence,” he said.

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Last week, the Obama administration sent out a letter to U.S. attorneys reminding them the cultivation and distribution of marijuana is illegal under federal law. The letter also stated the U.S. Department of Justice can prosecute “those who knowingly facilitate such activities,” strongly implying the government would be cracking down on states, such as California, that up until now have been skirting the law.

Today, more than a third of all states have some form of legislation allowing for medical marijuana use - in California, the city of Oakland went further than any other city by proposing to license four large pot-growing facilities.

So what is the solution? What measures can the federal government and the states take to deal with this billion-dollar industry? If you were in charge, how would you change the legislation? Share your position, how you would or wouldn’t change the laws, and why you feel that way. The Center for Investigative Reporting and KQEDnews.org will publish a selection of your responses so that people in power will see them.

Click through to answer our brief questions or just text the word CAPOT to the number 30644 from your cell phone for another easy way to send us your responses. As always, we’ll keep your information confidential. Message and data rates may apply when you text.

To learn more about existing laws, click here.

A new letter from the U.S. Department of Justice could spur a crackdown on California’s medical marijuana industry. Listen to a report from our partner KQED.

CIR obtained the text of the letter - read it in full below.

Stay tuned for special reports airing on KQED on July 8 and PBS FRONTLINE on July 26.

June 29, 2011

MEMORANDUM FOR UNITED STATES ATTORNEYS

FROM:    James M. Cole Deputy Attorney General

SUBJECT:    Guidance Regarding the Ogden Memo in Jurisdictions Seeking

to Authorize Marijuana for Medical Use

Over the last several months some of you have requested the Department’s assistance in responding to inquiries from State and local governments seeking guidance about the Department’s position on enforcement of the Controlled Substances Act (CSA) in jurisdictions that have under consideration, or have implemented, legislation that would sanction and regulate the commercial cultivation and distribution of marijuana purportedly for medical use. Some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance. You may have seen letters responding to these inquiries by several United States Attorneys. Those letters are entirely consistent with the October 2009 memorandum issued by Deputy Attorney General David Ogden to federal prosecutors in States that have enacted laws authorizing the medical use o f marijuana (the “Ogden Memo”).

The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale o f marijuana is a serious crime that provides a significant source o f revenue to large scale criminal enterprises, gangs, and cartels. The Ogden Memorandum provides guidance to you in deploying your resources to enforce the CSA as part of the exercise of the broad discretion you are given to address federal criminal matters within your districts.

A number of states have enacted some form of legislation relating to the medical use of marijuana. Accordingly,the Ogden Memo reiterated to you that prosecution of significant traffickers of illegal drugs, including marijuana, remains a core priority, but advised that it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or their caregivers. The term “caregiver” as used in the memorandum meant just that: individuals providing care to individuals with cancer or other serious illnesses, not commercial operations cultivating, selling or distributing marijuana.

The Department’s view of the efficient use of limited federal resources as articulated in the Ogden Memorandum has not changed. There has, however, been an increase in the scope of commercial cultivation, sale, distribution and use of marijuana for purported medical purposes. For example, within the past 12 months, several jurisdictions have considered or enacted legislation to authorize multiple large-scale, privately-operated industrial marijuana cultivation centers. Some of these planned facilities have revenue projections of millions of dollars based on the planned cultivation of tens of thousands of cannabis plants.

The Ogden Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law. Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law. Consistent with resource constraints and the discretion you may exercise in your district, such persons are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct, including enforcement of the CSA. Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws.

The Department of Justice is tasked with enforcing existing federal criminal laws in all states, and enforcement of the CSA has long been and remains a core priority.

cc: Lanny A. Breuer

Assistant Attorney General, Criminal Division

B. Todd Jones

United States Attorney

District of Minnesota Chair, AGAC

Michele M. Leonhart

Administrator Drug Enforcement Administration

H. Marshall Jarrett

Director

Executive Office for United States Attorneys

Kevin L. Perkins

Assistant Director

Criminal Investigative Division

Federal Bureau of Investigations

As soon as today, Attorney General Eric Holder is expected to release a letter clarifying the Justice Department’s policy toward the 15 states that have approved medical marijuana laws. 

Of particular importance to California is whether federal authorities will tolerate states, cities or counties licensing and regulating commercial marijuana growing and distribution.

Above, listen to the first report in our upcoming multimedia series “Republic of Cannabis” - a co-production with KQED News.