SACRAMENTO, Calif.October 7, 2011 — The four California-based United States Attorneys today announced coordinated enforcement actions targeting the illegal operations of the commercial marijuana industry in California.

The statewide enforcement effort is aimed at curtailing the large, for-profit marijuana industry that has developed since the passage of California’s Proposition 215 in 1996. That industry has swelled to include numerous drug-trafficking enterprises that operate commercial grow operations, intricate distribution systems and hundreds of marijuana stores across the state — even though the federal Controlled Substances Act makes illegal the sale and distribution of marijuana.

While the four United States Attorneys have tailored enforcement actions to the specific problems in their own districts, the statewide enforcement efforts fall into three main categories:

· Civil forfeiture lawsuits against properties involved in drug trafficking activity, which includes, in some cases, marijuana sales in violation of local ordinances;

· Letters of warning to the owners and lienholders of properties where illegal marijuana sales are taking place; and

· Criminal cases targeting commercial marijuana activities, including arrests over the past two weeks in cases filed in federal courts in Los Angeles, San Diego, Sacramento and Fresno.

The enforcement actions being announced today are the result of the four United States Attorneys working with federal law enforcement partners and local officials across California to combat commercial marijuana activities that are having the most significant impacts in communities.

“The actions taken today in California by our U.S. Attorneys and their law enforcement partners are consistent with the Department’s commitment to enforcing existing federal laws, including the Controlled Substances Act (CSA), in all states,” said Deputy Attorney General James Cole. “The department has maintained that we will not focus our investigative and prosecutorial resources on individual patients with serious illnesses like cancer or their immediate caregivers. However, U.S. Attorneys continue to have the authority to prosecute significant violations of the CSA, and related federal laws.”

Benjamin B. Wagner, the United States Attorney for the Eastern District of California stated: “Large commercial operations cloak their moneymaking activities in the guise of helping sick people when in fact they are helping themselves. Our interest is in enforcing federal criminal law, not prosecuting seriously sick people and those who are caring for them. We are making these announcements together today so that the message is absolutely clear that commercial marijuana operations are illegal under federal law, and that we will enforce federal law.”

André Birotte Jr., the United States Attorney for the Central District of California, stated:”The federal enforcement actions are aimed at commercial marijuana operations, including marijuana grows, marijuana stores and mobile delivery services – all illegal activities that generate huge profits. The marijuana industry is controlled by profiteers who distribute marijuana to generate massive and illegal profits.”

Laura E. Duffy, the United States Attorney for the Southern District of California, commented: “The California marijuana industry is not about providing medicine to the sick. It’s a pervasive for-profit industry that violates federal law. In addition to damaging our environment, this industry is creating significant negative consequences, in California and throughout the nation. As the number one marijuana producing state in the country, California is exporting not just marijuana but all the serious repercussions that come with it, including significant public safety issues and perhaps irreparable harm to our youth.”

Melinda Haag, the United States Attorney for the Northern District of California, said: “Marijuana stores operating in proximity to schools, parks, and other areas where children are present send the wrong message to those in our society who are the most impressionable. In addition, the huge profits generated by these stores, and the value of their inventory, present a danger that the stores will become a magnet for crime, which jeopardizes the safety of nearby children. Although our initial efforts in the Northern District focus on only certain marijuana stores, we will almost certainly be taking action against others. None are immune from action by the federal government.”Dozens of letters have been sent over the past few days to the owners and lienholders of properties where commercial marijuana stores and grows are located. In the Southern and Eastern Districts, the owners of buildings where marijuana stores operate have received letters warning that they risk losing their property and money derived from renting the space used for marijuana sales. In the Central District, where more than 1,000 stores are currently operating, prosecutors have sent letters to property owners in selected cities where officials have requested federal assistance, and they plan to continue their enforcement actions in other cities as well. In the Northern District, owners and lienholders of marijuana stores operating near schools and other locations where children congregate have been warned that their operations are subject to enhanced penalties and that real property involved in the operations is subject to seizure and forfeiture to the United States.

In the Central District and Eastern District, prosecutors this week filed a total of seven civil forfeiture complaints against properties where landlords are knowingly allowing marijuana stores to operate. One complaint filed against a south Orange County strip mall, for example, alleges that eight of the 11 second-floor suites in the buildings are occupied by marijuana stores and that one small city has spent nearly $600,000 in legal fees in its attempt to eradicate the illegal operations.

Criminal cases recently unsealed across the state reveal marijuana operations that produce huge profits, send their money and illegal narcotics to other states, and market products to young people. In case involving a now-closed marijuana store in the San Fernando Valley, two conspirators allegedly used encrypted smartphones to coordinate marijuana sales to places as far away as New York and estimated that they would each receive $194,000 in profits per month. In a San Diego dispensary case unsealed last week, six defendants were charged in a 77-count indictment that alleges a wide-ranging conspiracy that included numerous marijuana sales to under-aged persons.

“The DEA and our partners are committed to attacking large-scale drug trafficking organizations, including those that attempt to use state or local law to shield their illicit activities from federal law enforcement and prosecution,” said DEA Administrator Michele M.Leonhart. “Congress has determined that marijuana is a dangerous drug and that its distribution and sale is a serious crime. It also provides a significant source of revenue for violent gangs and drug organizations. The DEA will not look the other way while these criminal organizations conduct their illicit schemes under the false pretense of legitimate business.”

Victor S.O. Song, Chief, IRS Criminal Investigation, stated: “IRS Criminal Investigation is proud to work with our law enforcement partners and lend its financial expertise to this effort. We will continue to use the federal asset forfeiture laws to take the profits from criminal enterprises.”

Across California, the federal government will continue to investigate and prosecute those whose actions not only violate federal laws, but also the state laws regarding the use of marijuana. The problems associated with the marijuana business have dramatically increased over the past two years, even in areas where local governments and citizens actively oppose these businesses.

The statewide coordinated enforcement actions were announced this morning at a press conference in Sacramento.

If you’ve been injured in an auto accident, one of the first steps to take after a car accident would be to contact your insurance company. After all, they are there to protect you and look out for your best interests, right? Well, not exactly. In fact, this is one of the many reasons it is so important to contact a qualified personal injury attorney who is experienced in dealing with auto accident claims. Here are five things insurance companies don’t want you to know.

1. They are in business to make money

Insurance companies need to make a profit to keep their shareholders happy. So how can they maximize their profits? By minimizing payouts for auto accident claims. In short, they are not looking out for your best interest and have a primary goal of making money.

2. Insurance companies have their own attorneys

While many insurance companies don’t like it if you are working with a personal injury lawyer, they do have the services of a high-powered attorney on call to represent them.You too should have someone on your side to protect your interests. Studies have shown that people who have retained the services of a personal injury lawyer after being involved in a car accident have received more compensation for their claim than those who choose to represent themselves. Do some research and find a good personal injury attorney for you.

3.  They will try to confuse you

Insurance companies will ask questions that are intended to confuse you. Why? In case you may inadvertently admit something that may be later used in court against you. Be sure to have a personal injury lawyer on your side who can advise you on how to handle these questions.

4. They send someone out to examine the scene of the accident

Another very important step to take after being involved in an auto accident is to take notes and document the scene with photos. The insurance company will immediately send someone to the scene of the accident to do the same, however, they are looking for evidence that will minimize your payout, or possibly deny your claim altogether.

5. They will drag out the process

Unless they are settling for a small amount, the insurance company will likely delay your claim and payout for as long as possible. Why? Remember, insurance companies are out to make money and they are earning interest on every dollar they have. The longer they can hold on to that money and earn interest on it before paying you out, the better.

If you’ve been involved in an auto accident, seek out an experienced personal injury attorney who can help you retain what you are entitled to.

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After much internal and external discussion and research, I have decided that the State of Rhode Island cannot proceed with the licensing and regulation of medical marijuana compassion centers under current law.

This has been a difficult decision. I believe that patients with debilitating medical conditions such as cancer, glaucoma and AIDS should have safe, reliable and well-regulated access to marijuana for therapeutic purposes. Rhode Island has a card and caregiver law currently in place for distributing medical marijuana to patients in need. I have met with and heard from advocate groups and patients that this existing system has serious flaws. In 2009, in an effort to address these flaws, the General Assembly passed a new law authorizing the cultivation and distribution of medical marijuana through three state-registered and regulated compassion centers. The Governor’s constitutional duty is to implement laws passed by the General Assembly and I take that obligation very seriously.

Unfortunately, Rhode Island’s compassion center law is illegal under paramount federal law. And, while the United States Attorney in each district is given some discretion in the local enforcement of federal laws, I have received communications from both the United States Department of Justice and from the United States Attorney for the District of Rhode Island that large scale commercial operations such as Rhode Island’s compassion centers will be potential targets of “vigorous” criminal and civil enforcement efforts by the federal government. I cannot implement a state marijuana cultivation and distribution system which is illegal under federal law and which will become a target of federal law enforcement efforts. Federal injunctions, seizures, forfeitures, arrests and prosecutions will only hurt the patients and caregivers that our law was designed to protect.

I remain committed to improving the existing medical marijuana cultivation and distribution system in Rhode Island. I am hopeful that the General Assembly will introduce new legislation in the upcoming session that will address the flaws in, and indeed make improvement to, the existing medical marijuana card and caregiver system while not triggering federal enforcement actions. I pledge to work with advocates, patients and members of the General Assembly towards that end.

Income
If the accident left you unable to work for a period of time or will permanently affect your income in the future, you may be entitled for compensation. This compensation can even include payment for wages you would have made in the future and are unable to due to an injury or permanent disability.

Medical expenses and treatment
The most obvious type of compensation you may think of is medical expenses. Hospital bills, rehabilitation treatments, prescription medications and other medical care needed due to the accident may be reimbursed. Medical expenses that are recovered may also include future treatments; for example, ongoing physical therapy and surgeries.

Property damage and loss
If your property, such as your car, was damaged or lost due to the accident, damages will be sought to compensate your loss.

Pain and suffering
Sometimes, a personal injury accident can cause emotional distress like anxiety and fear. It can also hinder your lifestyle in unexpected ways, a change that should be compensated for. For extreme injuries, you may also be entitled to compensation for the discomfort the accident caused, including any permanent pain. The amount received may vary based on the severity of the injury. A disability caused by an accident, for example, will receive higher damages than an injury that heals in a few months.

Loss of enjoyment of life
When a personal injury accident leads to a permanent disability or inability to enjoy hobbies and other recreational activities, you may recover “loss of enjoyment” damages.

If you’ve been involved in a personal injury accident, be sure to call an experienced personal injury attorney who can help you recover the damages you are entitled to.
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First, we know no amount of money can pay for the pain and suffering of an injury or even the loss of an individual due to a personal injury accident. But when involved in a personal injury accident, monetary compensation can be recovered that can help ease other stresses in your life. This monetary compensation is often referred to as damages, which amounts to the physical, mental and monetary losses you have incurred, due to the injury.

Damages are paid out by the insurance of the individual or the company responsible for the accident. The most common types of damages include compensatory and punitive damages.

Compensatory damages are likely what first comes to mind when you think of a personal injury claim; economic reimbursement for expenses directly caused by the personal injury accident. Medical expenses and wages are the most common. Compensatory damages, however, can also include harder-to-quantify monetary reimbursement such as the pain and suffering caused by an accident and emotional distress.

Punitive damages are not awarded in every case; they are put forth by the court as a sort of punishment for a defendant who has been extremely negligent. They are also intended to deter others from such bad behavior and teach the defendant a lesson. Not all states allow punitive damages to be collected in a personal injury case but the state of Arizona does. Many states also have a cap on the maximum amount that can be awarded for a personal injury claim but Arizona does not have any such limit.

If you’ve been involved in a personal injury accident, be sure to call an experienced personal injury attorney who can help you recover the damages you are entitled to.

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State Attorney General Tom Horne filed a civil suit Monday against four cannabis clubs in the Phoenix area that he said violated the state’s medical marijuana law, which voters approved in November. The state has not issued any licenses to marijuana dispensaries pending a federal court review. The result has been the creation of unlicensed cannabis clubs, which charge membership fees but give away marijuana to approved patients. “That type of deception and blatantly illegal activity must be stopped,” Mr. Horne said.

WEST HAVEN, CONN. — A University of New Haven forensic scientist is setting up a national databank for marijuana DNA that will permit law enforcement to track where the drug originated when an arrest is made.

Heather Miller Coyle, an associate professor in the Henry C. Lee College of Criminal Justice and Forensic Sciences, is a forensic botanist. She also has developed a new method for collecting the marijuana’s genetic fingerprint that makes it easy for law enforcement on the scene of a case to collect the samples.

The DNA mapping initiative will allow law enforcement personnel for the first time to track where marijuana came from and link it to criminal organizations such as drug trafficking organizations in Mexico, growers in Canada or gangs in the United States.

The database would be similar to the one run by the FBI for humans. That database, called CODIS, or Combined DNA Index System, allows law enforcement to collect samples from a crime scene and evaluate the DNA profile against a computerized database of samples to assist in the identification of suspects in a crime.

“Such a databank and signature mark would be a welcome tool for police and law enforcement agencies,” said Frank Limon, New Haven chief of police. “It’s probable, in some cases, that conspirators of the overall operation may escape investigation and prosecution. The link between production and distribution would aid us in establishing conspiracy cases against the whole operation – not just the dealers and buyers. This would effectively connect the dots to street level narcotics distribution.”

The marijuana database Coyle is developing would give police an investigative lead to trace the origin of the marijuana and help lead to the human sources for its distribution.

“Plant DNA is like the DNA found in humans – it retains its lifelong genetic profile,” says Coyle, whose work on the project included UNH students Lindsay Allgeier, Jennifer Nabozny, and Nicholas Shirley, among others.

Matching DNA to plants grown on public lands in California, for example, could demonstrate that the crop was planted by people with ties to specific drug organizations . “If one person has a suitcase of marijuana and another person has bags of it, we will be able to tell if it came from the same batch.”

Although DNA typing has been used for crops in the United Sates, its collection has been done in a science lab rather than in the field. Using Coyle’s system modeled after human identification system, now with plant DNA, collection now can be completed on a “collection card” or a treated piece of paper that effectively provides the lab with a smear of material to be tested. The card allows police to smear the plant on the card in the field, store it, mail it or process it. No bulk samples of the marijuana are collected and the drugs found on the scene can be destroyed.

“One major advantage of using collection cards is that it takes the marijuana sample from a usable drug form to a nonsmoking drug format, making research and storage at universities possible,” she says.

Marijuana is a controlled substance and illegal under federal laws. Some states have passed the use of marijuana for medicinal uses which allows for an affirmative defense if arrested by law enforcement. States like Connecticut where possession of small amounts have been decriminalized can be obtained for medical uses. Even though people with recommendations for marijuana can grow it at home, they still are at risk for prosecutions under the Controlled Substances Act.

Coyle’s project has been funded with more than $100,000 from the National Marijuana Initiative (NMI) and the National High Intensity Drug Trafficking Area Program (HIDTA). The NMI and the HIDTA work together, along with federal, state, and local law enforcement in the detection, disruption and investigations of domestic marijuana trafficking focusing on priorities such as public lands, indoor cultivations activities, medical marijuana/dispensaries, undercover internet programs and forensics.

Marijuana is the most common illegal drug used in the United States and has been linked to such health problems as dependency, lung disease, depression and other problems.

Coyle is a geneticist who earned her Ph.D. from the University of New Hampshire. She has worked both for the pharmaceutical industry in high throughput screening research and the Connecticut state forensic science laboratory Development of the marijuana DNA database allows her to combine her background and training in a new way, she says. A leader in experiential education, the University of New Haven provides its students with a valuable combination of solid liberal arts and real-world, hands-on professional training. Founded in 1920, UNH is a private, top-tier comprehensive university with an 82-acre main campus. The university has an enrollment of more than 5,900: approximately 1,700 graduate students and more than 4,200 undergraduates, 70 percent of whom reside in university housing. The university offers 75 undergraduate graduate degrees through the College of Arts and Sciences, College of Business, the Henry C. Lee College of Criminal Justice and Forensic Sciences, the Tagliatela College of Engineering and University College. University of New Haven students study abroad through a variety of distinctive programs.

By Jamal F. Allen

If you’ve been involved in a personal injury accident such as a car accident, a lot of things are likely running through your mind. But this is a crucial moment to try and stay calm and collect all the facts that will be necessary later on in your personal injury case. So what exactly should you be taking note of? Here are six things to do.

Take pictures
If you have a camera or camera on your cell phone, take pictures of the scene of the accident. You’ll also want to take photos of any damage that’s been done, the surrounding area, and anything you may forget. For example, if you don’t have a pen and paper handy to take notes, you can take a snapshot of the license plate.

Take notes
Be sure to write down important information like the name, insurance information, phone number and address of the person who injured you. Be sure to also take down contact information from nearby witnesses who may be called upon on a later date. You can also take this opportunity to take notes of details you might forget, such as the detailed description of the other car and your account of what exactly happened.

Get the police report
Be sure you call the police and then get a copy of the police report; this will come in handy when you have your first meeting with your personal injury attorney.

Call your insurance
Call your insurance company to report the claim as soon as possible after the accident.

Keep your records
Whether it’s medical bills, or towing and repair expenses, keep all documents relating to expenses stemming from the accident.

Do not admit fault
Even if you think it perhaps was your fault, take care to not verbally admit any kind of liability at the scene of the accident.

Lastly, be sure to call a personal injury attorney who can help you recover damages you are entitled to.

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By Jamal F. Allen

If you’ve been injured in a personal injury accident and have conducted a search for a personal injury attorney in your area, you may be ready to schedule an initial consultation with a select few lawyers. Most personal injury attorneys do not charge for an initial consultation but be sure to ask each one what their policy is to be clear.

So what can you expect at your first consultation with your lawyer? You will:

Discuss your case

You should come prepared with police reports, medical records, hospital bills, photos and any other information gathered from your case. Your personal injury lawyer will ask you what happened and the more details you can supply at the initial consultation, the better. Some questions he or she may ask include a summary of what happened, if there were any witnesses, if a police report was filed and if you’ve given any statements to police officers.

Get to know your attorney

The first consultation is a great time to get to know your attorney and see if you like working together. You can bring in a list of questions to ask your personal injury attorney and inquire about his or her background, education and experience in handling cases similar to yours.

Case management and strategy

While some cases are handled by the attorney you meet with, other parts of the case may be worked on by paralegals or assistants. Your attorney may discuss with you who you should expect will be involved in handling your case.

Discussion of fees

While many personal injury attorneys work on a contingency-fee basis, meaning they will not require payment until the case is won, every lawyer operates differently. Be sure to clearly understand the fee arrangement which could include a retainer fee to begin legal services, and the percentage of payment that will be due to your attorney.  Oftentimes, the percentage of the attorney fee will vary based on if the case is settled in or out of court.

Next steps

In Arizona, the statute of limitations (time that has elapsed since the date of the accident you have to file a suit) is 180 days for filing against a government agency. The actual claim must be filed within a year. If you are filing against an individual, the statute of limitations is two years. Once you’ve decided to move forward and have decided to hire a personal injury attorney, you will sign a contract to retain his or her services.

You should expect requests to receive all documentation related to your case such as the police report and medical records. This will help your lawyer research and build the case. Once your attorney is familiar with all the facts from your case, they will discuss with you any possible options and alternatives for pursuing your case.

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By Jamal F. Allen

If you’ve been involved in a personal injury accident and have narrowed down your search for a personal injury attorney to a select few, it may be the right time to set up a consultation and get to know your potential attorney in person. It’s a great way to learn more about their background, experience, personality, and strategy they will take in handling your case.

Before you go to your meeting, print out this handy list of 10 questions to ask your potential lawyer. Most personal injury attorneys offer free consultations but be sure to ask before making your appointment.

Background and Experience

1. How long have you been practicing law?
2. Do you have prior experience handling cases like mine? Of those, how many did you win?
3. How much of your firm is dedicated to handling personal injury cases?
4. Do you usually represent defendants or people who have been injured?

With a personal injury case, it’s important to hire an attorney at a law firm that’s experienced in handling similar cases. Some law firms handle “general” cases; but just like you wouldn’t want your dermatologist to do your eye exam, you don’t want to hire someone who isn’t specialized in winning cases like yours.

Case Management and Fees

1. Will you personally be handling my case? Or will others in the office be involved?
2. What strategy would you recommend for my case?
3. What are the potential outcomes of my case? What are my options?
4. Do you have relationships with experts in other fields that may help strengthen my case?

1. How long do you estimate it will take to resolve my case?
2. What kind of legal fees can I expect?

When it comes to money matters, be sure all fees are clearly outlined and explained to you. For example, if a paralegal or junior associate will be handling parts of your case, their hourly rate may be lower. Also be sure to ask about possible out-of-pocket expenses and retainer fees.

It’s also important to come prepared to your first meeting with notes and documents about your case. Check back next week when we’ll go over all the details you should prepare and bring with you to your first meeting with your personal injury attorney.

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