department of justice letter threatening marla james and patient med aid (march, 2013)
DESCRIPTION
On March 13, 2013, P. (Patrick) Greg Parham, the Assistant U.S. Attorney in Los Angeles attacking medical marijuana patients for the last five years, wrote a letter to Patient Med Aid, a medical cannabis collective that provides medication to seriously ill and disabled people. Patient Med Aid was the subject of an O.C. Weekly article published in November, 2012 titled "Too Sick to Smoke." The article included interviews with Patient Med Aid members suffering from cancer, PTSD, and AIDS.Marla James, a wheelchair bound amputee and citizen of Huntington Beach, California, worked to open a Patient Med Aid location in Sunset Beach in February, 2013. Huntington Beach bans patient collectives and dispensaries. Providing for numbers of cancer patients and AIDS patients, P. Greg Parham, the individual primarily responsible for the Southern California federal attack on patients, sent a threatening letter to Ms. James and the patient collective's landlord.On May 31, 2013, Patient Med Aid will close down leaving hundreds of seriously-ill patients without access to medical cannabis. In early-2012, when asked what patients were to do after all the collectives in a neighboring city were forced to close through federal action, Parham told the husband of a patient they can "go back to the streets" and get the drug illegally like they used to.P. Greg Parham is one of seven people who have literally destroyed collectives throughout Southern California. Jeff Dunn of law firm Best, Best, and Kreiger, Carmen Trutanich, former Los Angeles city attorney, Andre Birotte, Jr. and Laura Duffy, the U.S. Attorneys in Southern California appointed by President Obama, Robert Shannon, former city attorney of Long Beach, and Moses Johnson, IV, the assistant city attorney of Anaheim, California.TRANSCRIPT
United States Department of Justice
Marla James c/o Matthew S. Pappas, Esq. 22762 Aspan Street, Suite 202-107 Lake Forest, California 92630
United States Attorney's Office Central District of California
United STates Courthouse 312 Norlh Spring Sireel, 14'" Floor Los Angeles. California 9001 2
March 13,2013
Re: Marijuana Dispensary Operating at 17191 Pacific Coast Highway. Sun,el Beach, California 90742
Dear Ms . .lames:
This olEce has been advised by the Drug Enforcement Administration (DEA) that there is (or recently was) a marijuana dispensary operating under the name "Patient Med-Aid" at the real property located at 17191 Pacific Coast Highway, Sunset Beach, California 90742, which property you own or have under your management or control. This lctter serves as a fonnal notice to you that the marijuana dispensary's operations violate United States and that violations of United States law relating to the marijuana dispensary's operations on your property may result in criminal prosecution, imprisonment, fines, and forfeiture of assets, including the real property on which the dispensary is operating and any money you (or have received) from the dispensary operator.
Under Vnited States law a dispensary's operations involving and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions. Propelty involved in such operations, including real property, is subject to seizure by and forfeiture to the United States. These penalties and remedies apply regardless oflhe purported purpose of the dispensary or the uses for which marijuana is purp0rledly sold and distributed. Specifically, Title 21, United States Code, Section 856(a) provides:
It shall be lIDlawful to knowingly and intentionally rcnt, lease, or make available lor use, with or without compensation, ra] building, room, or enclosure for the purpose of unlawfully manufacturing. storlng, distributing or using a controlled substance.
Section 881(a)(7) ofTitle 21 provides:
The following shall subject to forfeiture to the United States and no property right shall exist in them: All real property, including any right, title, and interest (including any leasehold interest) in the whole any lot or tract of land which is
used in any manner or part, to commit, or to facilitate the commission of, a violation of this sub-chapter.
Uni ted States law takes precedence over State law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana. Accordingly, it is not a defense to either the referenced crime or to the forfeiture of propel-ty that the dispensary is providing "medical marijuana." Even under these circumstances, an owner of real propelty with knowledge or reason to know of illegal marijuana di stribution occurring on real property that he owns or controls may have his interest in the property forfeited to the government without compensation.
As noted above, this letter is fOlmal notification to you that the DEA has determined there is (or recently was) a marijuana dispensary operating on the above described property. You are further advised that the violations of federal law relating to the marijuana dispensary operating on yom property may result in criminal prosecution, imprisonment, fines, and forfeiture of assets, including the real property on which the dispensary is operating. Any money you receive (or have received) from the dispensary operator may also be subject to seizme and forfeiture . Yom prompt attention to this matter is strongly advised. Please take the necessary steps to discontinue the sale and/or distribution of marijuana at the above-referenced location within 14 days of this letter.
You may wish to seek independent legal advice concerning this matter. Please direct any inquiries to Claire Charron at (213) 894-0496. You may also submit e-mail inquiries to USACAC.BlanketN [email protected].
Regards,
ANDRE BIROTTE JR. United States Attorney
#RJ STEVEN R. WELK Assistant U.S. Attorney Chief, Asset Forfeiture Section