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jtuck004

(15,882 posts)
Mon Mar 3, 2014, 04:15 PM Mar 2014

"I'm Going To Prison For Working At A Pot Shop That Was Legal In My State"

Robert Duncan moved from Los Angeles to Northern California in 2010 to manage marijuana growing operations for a collective of medical marijuana dispensaries. Although California voters legalized medical cannabis more than 17 years ago, the plant remains illegal under federal law, and the Obama administration launched a renewed crackdown on marijuana in California in 2011.

That October, Duncan’s grow house was raided. A few months later, U.S. Attorney Benjamin Wagner indicted him and others involved in the dispensary business on the grounds that it had grown too large. Despite California’s struggle with prison overcrowding, and despite new federal guidelines that say size should no longer be considered in prosecution decisions, Duncan, 31, was sentenced to two years in prison. He is scheduled to report to Mendota Federal Correctional Institution near Fresno, Calif., on Monday afternoon. HuffPost Live will go with him.

This is his story:


I got my undergraduate degree in communication design from a Cal State school in 2006. I worked in television production in Los Angeles for a couple years, then I worked in marketing, then I got laid off because of the economy.
...
It boils down to the feds wanting to make an example out of us. There’s no rhyme or reason, no formulas, like the feds saying you have too many patients or you have too many profit dollars. And actually, we really weren’t making that much money because we were just reinvesting into the company. And I didn’t see any of that anyways. I just had a modest salary. President Obama saying that marijuana is like a vice similar to alcohol, maybe there’s a bigger strategy there and he’s trying to ramp up for a bigger policy change. But the snapshot of right now -- it couldn’t be a more insulting slap in the face.
...
I’m going to try to keep myself as occupied as I can while I’m away. Try to get an online MBA, read a lot, be as prepared and sharp as I can be to go back into the working world. I want to get into a more traditional line of work, ideally sustainable energy or sustainable transportation.
...
I have to surrender by 2 p.m. [West Coast time] on Monday. My dad or someone else will just drop me off there. It’s really hard to find good information about federal prison, the do’s and don’ts, what to expect, what you can bring, what you can say. It’s kind of like falling into a black hole. I’m going to be very out of water.


Here.


Slapped in the face by your government. One more in a long line...

52 replies = new reply since forum marked as read
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"I'm Going To Prison For Working At A Pot Shop That Was Legal In My State" (Original Post) jtuck004 Mar 2014 OP
Hey, there was very little crime to fight, so the feds were cleaning up the "iffy" areas. Scuba Mar 2014 #1
Yeah, and I think he's learning... jtuck004 Mar 2014 #2
+1 SammyWinstonJack Mar 2014 #25
how sad. NT Trillo Mar 2014 #3
Key statements in the story are that the US Attorney giftedgirl77 Mar 2014 #4
They got greedy, just like all the other growers busted by the Feds in California. Ikonoklast Mar 2014 #15
It's amazing what you find when you actually research giftedgirl77 Mar 2014 #19
Maybe they should have donated to the DNC like the banksters. Destroy the American economy, jtuck004 Mar 2014 #20
+1. SammyWinstonJack Mar 2014 #26
Yes snort Mar 2014 #38
"This case was about money, not about treating the seriously ill." cui bono Mar 2014 #29
California has the biggest population of any state. Eric J in MN Mar 2014 #44
Tell that to the state of California. Ikonoklast Mar 2014 #47
Where does it say that? NT Eric J in MN Mar 2014 #52
this is a big part of why young people are not turning out for democrats questionseverything Mar 2014 #5
Yep. Here's Obama when he wanted the gig, 2008 Bluenorthwest Mar 2014 #13
young people overwhelmingly vote democratic. nt arely staircase Mar 2014 #49
on the grounds that it had grown too large PumpkinAle Mar 2014 #6
Add the tobacco companies dotymed Mar 2014 #35
meaning they aren't busting people who operate within the limits of the California statute. nt arely staircase Mar 2014 #42
The 1996 Medical Marijuana law in California doesn't explicitly authorize businesses Eric J in MN Mar 2014 #45
doesn't the law limit the number of plants? nt arely staircase Mar 2014 #48
The law says that cities need to allow a minimum of six plants for personal use. Eric J in MN Mar 2014 #51
Neither party wants to change the drug laws regardless what the voters want davidn3600 Mar 2014 #7
To be cliche, how many bankers have gone to jail? lob1 Mar 2014 #8
Another stellar victory in the Drug War! Warren DeMontague Mar 2014 #9
That last bit is really troubling blackspade Mar 2014 #10
Poor guy only has another hour of freedom. Auntie Bush Mar 2014 #11
Yeah, Things Never Change - Looking Forward To More Of Same W/Hillary SoCalMusicLover Mar 2014 #12
Duncan sounds to be ... 1StrongBlackMan Mar 2014 #14
Not a crime Rider3 Mar 2014 #16
As a convicted FELON he no longer can vote or own a gun or most likely find quality employment Bandit Mar 2014 #17
Wrong. He was breaking California laws first. Ikonoklast Mar 2014 #23
Don't you mean that the right people were not paid off? dotymed Mar 2014 #37
That was my first thought. blueamy66 Mar 2014 #34
Duncan says "It boils down to the feds wanting to make an example out of us" struggle4progress Mar 2014 #18
I would think, the best thing to try to do in prison is... nikto Mar 2014 #21
lol n/t jtuck004 Mar 2014 #27
Stockton Man Pleads Guilty To Operating Multiple Marijuana Storefronts And Cultivation Sites Jesus Malverde Mar 2014 #22
"Marijuana! Heavens, oh yeah. It’s just the stupidest law possible, given history. jtuck004 Mar 2014 #28
Epic justice fail Blue Owl Mar 2014 #24
Thanks a lot Eric Holder and Benjamin Wagner, you incompetent assclowns. Lizzie Poppet Mar 2014 #30
Prohibition is a failed public policy. nt TeamPooka Mar 2014 #31
Please sign the petition to free him mainer Mar 2014 #32
Done. NT Eric J in MN Mar 2014 #46
k&r and please sign the petition mainer Mar 2014 #33
are that many plants legal in Cali? nt arely staircase Mar 2014 #43
Apparently this guy never got the memo that nullification not a valid legal theory in the US Freddie Stubbs Mar 2014 #36
Gun dealers and banksters are still free to harm society mwrguy Mar 2014 #39
Enforcing a democratically passed law is bad? MO_Moderate Mar 2014 #50
I bet it would be OK if Monsanto did it. Or if a billionaire owned a pot farm. tclambert Mar 2014 #40
The President can and should pardon him immediately seveneyes Mar 2014 #41
 

Scuba

(53,475 posts)
1. Hey, there was very little crime to fight, so the feds were cleaning up the "iffy" areas.
Mon Mar 3, 2014, 04:19 PM
Mar 2014

It's not like anyone was defrauding investors, laundering drug money, trading with forbidden nations, price rigging, stealing pensions, stealing wages or anything like that.

 

jtuck004

(15,882 posts)
2. Yeah, and I think he's learning...
Mon Mar 3, 2014, 04:24 PM
Mar 2014

"I’m going to try to keep myself as occupied as I can while I’m away. Try to get an online MBA, read a lot, be as prepared and sharp as I can be to go back into the working world"

He will make some good contacts. Maybe he can go into banking after, learn to purchase politicians BEFORE they investigate you. Lot less chance of going to prison, and not just the modest salary he made working with the mmj patients


 

giftedgirl77

(4,713 posts)
4. Key statements in the story are that the US Attorney
Mon Mar 3, 2014, 04:29 PM
Mar 2014

stated that they had gotten too large & they were charged with manufacturing marijuana. I can't find a link to an actual indictment but chances are they were growing more plants than they were allowed to have, which seems insane considering how many lawyers they had involved.

If anyone has anymore information on this please send me a link, I'm curious.

Ikonoklast

(23,973 posts)
15. They got greedy, just like all the other growers busted by the Feds in California.
Mon Mar 3, 2014, 05:55 PM
Mar 2014

2,000 plants in a rented warehouse far exceeded any legitimate business use they had as legal dispensaries.

The Feds aren't busting the California shops that stay within the law of that state, they bust the greedy growers that try to use the law as a shield and front for illegal grow operations.

They weren't running a medical marijuana business, they were running retail stores, period.


Those are the type of operations getting busted in California. So many here think the Feds are busting every medical marijuana store in California, they just aren't.

On Edit:

Link:http://www.justice.gov/usao/cae/news/docs/2013/12-2013/12-13-13Davies.html

 

giftedgirl77

(4,713 posts)
19. It's amazing what you find when you actually research
Mon Mar 3, 2014, 06:29 PM
Mar 2014

something instead of just screaming holy Batman the evil DEA is at it again.

Thanks for the info.

 

jtuck004

(15,882 posts)
20. Maybe they should have donated to the DNC like the banksters. Destroy the American economy,
Mon Mar 3, 2014, 06:40 PM
Mar 2014

throw nearly ten million families into to the street in foreclosure, use the trust placed in you to defraud millions, and they send you a big fucking check every month for committing the very crimes we sent people to prison for in the 80's...Donations.

vs

out of control horticulture for which three go to prison.

Here's a thought. Use the feds to look for Islamic Terrorists who are going to blow up runners in Boston instead of busting people who are growing too much marijuana and causing shortages in the potato chip supply.

They weren't a threat. It is nothing more than beating up on the weaker and less powerful to make your government look big and important. Like taking food stamps away from hungry people. Until you come up against someone your own size, like Russia, and they tell you to fuck off. Then you don't look so big.

Tough life, being a bully.

cui bono

(19,926 posts)
29. "This case was about money, not about treating the seriously ill."
Tue Mar 4, 2014, 01:11 AM
Mar 2014

If only they would make that case against big pharma and health insurance companies.

Eric J in MN

(35,619 posts)
44. California has the biggest population of any state.
Tue Mar 4, 2014, 03:47 PM
Mar 2014

2,000 plants doesn't exceed the needs of Californians with Medical Marijuana cards.

questionseverything

(9,654 posts)
5. this is a big part of why young people are not turning out for democrats
Mon Mar 3, 2014, 04:44 PM
Mar 2014

of why they do not bother to register to vote

they see both parties as wasteful liars

 

Bluenorthwest

(45,319 posts)
13. Yep. Here's Obama when he wanted the gig, 2008
Mon Mar 3, 2014, 05:47 PM
Mar 2014

Would you stop the DEA's raids on Oregon medical marijuana growers?

"I would because I think our federal agents have better things to do, like catching criminals and preventing terrorism."
http://www.wweek.com/portland/article-9003-six_minutes_with_barack.html

And yet people go to prison....

PumpkinAle

(1,210 posts)
6. on the grounds that it had grown too large
Mon Mar 3, 2014, 04:59 PM
Mar 2014

translation: real people want weed - pharmaceutical companies want control of weed. Phamaceutical companies have clout.

dotymed

(5,610 posts)
35. Add the tobacco companies
Tue Mar 4, 2014, 11:39 AM
Mar 2014

People are quitting cigarettes finally and tobacco companies would only have to substitute weed for tobacco....pre-rolled packs of cigs, just like in the beginning.
Of course prison industry, big pharma...shit, there is no way these huge political donors are going to be cut out of that gravy train.

What have we allowed (misdirection by MSM has sure helped) our govt. to become.

We desperately need "A WAR ON GREED."

Eric J in MN

(35,619 posts)
45. The 1996 Medical Marijuana law in California doesn't explicitly authorize businesses
Tue Mar 4, 2014, 03:50 PM
Mar 2014

...which lets the DEA declare any Medical Marijuana business in CA in violation of state law.

Eric J in MN

(35,619 posts)
51. The law says that cities need to allow a minimum of six plants for personal use.
Tue Mar 4, 2014, 04:50 PM
Mar 2014

It doesn't authorize pot businesses, whether they grow more or less than six plants.

Instead, of discussing businesses, the law refers to "collectives."

http://www.canorml.org/medical-marijuana/patients-guide-to-california-law

 

davidn3600

(6,342 posts)
7. Neither party wants to change the drug laws regardless what the voters want
Mon Mar 3, 2014, 05:05 PM
Mar 2014

Too much money at stake in the prison industrial complex.

blackspade

(10,056 posts)
10. That last bit is really troubling
Mon Mar 3, 2014, 05:17 PM
Mar 2014

It's like prison authorities purposefully make it hard to get through your prison sentence.
It's lead in to extra-judicial punishment.

 

SoCalMusicLover

(3,194 posts)
12. Yeah, Things Never Change - Looking Forward To More Of Same W/Hillary
Mon Mar 3, 2014, 05:42 PM
Mar 2014

Hope & Change.....Sure thing. Big fucking Liar, like all politicians.

Looking forward to all the lies coming in next 20 months.

Bandit

(21,475 posts)
17. As a convicted FELON he no longer can vote or own a gun or most likely find quality employment
Mon Mar 3, 2014, 06:11 PM
Mar 2014

The Government screwed him over "Big Time" because he was gainfully employed in a "Legal" (In that state) trade.

Ikonoklast

(23,973 posts)
23. Wrong. He was breaking California laws first.
Mon Mar 3, 2014, 07:34 PM
Mar 2014

It was local and state officials that called the Feds in on him.

Duncan and his partners tried to hide a regular grow operation behind the medical marijuana law, as greed got the better of them.

What he was doing was breaking the California laws concerning medical marijuana and how it is sold first.

dotymed

(5,610 posts)
37. Don't you mean that the right people were not paid off?
Tue Mar 4, 2014, 11:47 AM
Mar 2014

It was local and state officials that called the Feds in on him.

Duncan and his partners tried to hide a regular grow operation behind the medical marijuana law, as greed got the better of them.


Our country, especially "our" politicians are pure greed.

The DEA, CIA and most other initials who are tasked with our protection, smuggle hard drugs into America to finance their
black-ops.

surreal

struggle4progress

(118,285 posts)
18. Duncan says "It boils down to the feds wanting to make an example out of us"
Mon Mar 3, 2014, 06:20 PM
Mar 2014

Here's what the US DoJ says:

... “Matthew Davies, a Stockton businessman with an MBA, set out to build a lucrative marijuana empire in the Central Valley, even though he knew that his conduct was illegal under federal law,” said U.S. Attorney Wagner. “He persisted in expanding his businesses even after local jurisdictions took action against them, and even operated one storefront business in Sacramento shortly after its prior owner had been arrested by local authorities. Despite all the claims about nonprofits and ‘cooperatives’ our investigation has shown that, in the end, it was all about the money” ...
Stockton Man Pleads Guilty to Operating Multiple Marijuana Storefronts and Cultivation Sites
FOR IMMEDIATE RELEASE
Friday, May 31, 2013
Docket #: 2:12-cr-255-GEB

Current Federal policy, as I understand it, is that the Federal government is not interested to prosecute marijuana operations that are legal under state law, even if illegal under Federal law, but that operations that are illegal under both state and Federal law may find themselves subject to Federal enforcement

Matthew Davies' operations seem to have fallen into the latter class -- a fact which could not have escaped notice, since local authorities kept shutting them down

Co-defendant Robert Duncan, 30, of Stockton, pleaded guilty on September 21, 2012 to marijuana cultivation




 

nikto

(3,284 posts)
21. I would think, the best thing to try to do in prison is...
Mon Mar 3, 2014, 06:51 PM
Mar 2014

Last edited Tue Mar 4, 2014, 06:17 AM - Edit history (1)

Make friends with all the bankers, CEOs and "rich kids" in there and stay close to that group.













Oh.






Never mind.

Jesus Malverde

(10,274 posts)
22. Stockton Man Pleads Guilty To Operating Multiple Marijuana Storefronts And Cultivation Sites
Mon Mar 3, 2014, 06:58 PM
Mar 2014

United States Attorney Benjamin B. Wagner
Eastern District Of California
Stockton Man Pleads Guilty To Operating Multiple Marijuana Storefronts And Cultivation Sites
FOR IMMEDIATE RELEASE
Friday, May 31, 2013

Docket #: 2:12-cr-255-GEB




SACRAMENTO, Calif. — Matthew Davies, 35, of Stockton, pleaded guilty today before U.S. District Court Judge Garland E. Burrell Jr. to 10 felony offenses arising from his operation of multiple marijuana businesses and cultivation sites, U.S. Attorney Benjamin B. Wagner announced. Davies pleaded guilty to one count of conspiring to manufacture and distribute marijuana, two counts of manufacturing marijuana in connection with two separate indoor marijuana grow operations, and seven counts of distribution of marijuana.

According to the plea agreement, Davies, along with co-defendant Lynn Farrell Smith, 62, of Stockton, owned and operated various marijuana businesses. One of the two marijuana manufacturing operations was a sophisticated indoor growing facility involving thousands of plants in a warehouse on Vickie Lane in Stockton. Stockton Police Officers responded to a burglary-in-progress call and found more than a dozen workers inside trimming the plants. A federal investigation began and a search warrant was executed at that location.

According to court documents, the investigation revealed that in addition to the marijuana growing operations, Matthew Davies and Lynn Smith owned and/or operated seven marijuana storefront businesses in Stockton and Sacramento between 2009 and 2011. The businesses generated substantial revenues.

Profit and loss statements obtained during the course of the investigation showed that, for example, the Pathways Family Health Cooperative in Stockton generated more than $2.2 million in marijuana sales in less than a year. It was closed in 2010 by the City of Stockton. Similarly, records show that the Central Valley Caregivers Cooperative, which Davies and Smith owned and operated in Stockton, generated more than $4.5 million in gross sales in 2011 before federal search warrants were executed in October of that year. The MediZen business in Sacramento generated $2 million in gross sales of marijuana during that same time period. During 2011, Davies also purchased a 50 percent interest in Port City Wellness in Stockton (which was briefly open between September and October of 2011) for approximately $200,000. During 2011, Davies and Smith also managed and operated River City Wellness and R & R Wellness (renamed Sacramento Patient’s Group), and purchased and operated Twelve Hour Care dispensary. All three of these marijuana businesses were in Sacramento. They also briefly operated an eighth marijuana business in Manteca before it was closed by the City of Manteca.

“Matthew Davies, a Stockton businessman with an MBA, set out to build a lucrative marijuana empire in the Central Valley, even though he knew that his conduct was illegal under federal law,” said U.S. Attorney Wagner. “He persisted in expanding his businesses even after local jurisdictions took action against them, and even operated one storefront business in Sacramento shortly after its prior owner had been arrested by local authorities. Despite all the claims about nonprofits and ‘cooperatives’ our investigation has shown that, in the end, it was all about the money.”

Sentencing before Judge Burrell is scheduled for September 27, 2013. The plea agreement filed today, if accepted by the court, would call for a sentence of five years in prison. The government intends to seek a substantial fine, and the plea agreement reflects that Davies has already voluntarily forfeited $100,000.

U.S. Attorney Wagner also noted that the sentence to be recommended in this case reflects the fact that Davies timely expressed a willingness to plead guilty, saving the government significant expenditure of resources, and is commensurate with other sentences recently imposed on similarly situated defendants in this district. Earlier this month, a Stockton man was sentenced to 10 years in prison after being convicted at trial of operating a warehouse marijuana grow and possessing a firearm in furtherance of a drug trafficking offense, and a resident of Elk Grove was sentenced to six years in prison for his role in owning and operating a marijuana business that was later sold to Davies. In recent months, a South Lake Tahoe man was sentenced to five years in prison for operating a marijuana business and cultivation sites, a Bakersfield man got four years in prison in connection with a storefront marijuana operation, and two Florida men got five years in prison each for a large indoor marijuana grow in Shasta County.

Co-defendant Smith pleaded guilty on January 18, 2013, to similar felony charges relating to the manufacturing of marijuana and six counts of distributing marijuana from storefront businesses in Stockton and Sacramento. Co-defendant Robert Duncan, 30, of Stockton, pleaded guilty on September 21, 2012 to marijuana cultivation.

The case against Davies, Smith, and Duncan was the product of an investigation by the U.S. Drug Enforcement Administration with the assistance of the U.S. Marshals Service, the Internal Revenue Service – Criminal Investigation, the San Joaquin County METRO narcotics task force, and the Stockton Police Department. Assistant U.S. Attorney Richard J. Bender is prosecuting the case.

 

jtuck004

(15,882 posts)
28. "Marijuana! Heavens, oh yeah. It’s just the stupidest law possible, given history.
Mon Mar 3, 2014, 09:14 PM
Mar 2014

You don’t stop people from doing what they want to do, so forget about making it unlawful. You’re just making criminals out of people who aren’t engaged in criminal activity. And we’re spending zillions of dollars trying to fight a war we can’t win! We could make zillions, just legalize it and tax it like we do liquor. It’s stupid.”
Morgan Freeman, here.

And I agree with him. $40 billion a year wasted on this, and the Democrats just helped cut $8 billion in food stamps, or $90 a month from 850,00 families over 10 years, here. Doesn't sound like much when one reads about it in the paper over dinner, perhaps.

As long as people have theirs, I suspect they feel the same way about these fellas.

http://tokintimes.com/wp-content/uploads/2013/09/Stupid+Cops.jpeg

 

Lizzie Poppet

(10,164 posts)
30. Thanks a lot Eric Holder and Benjamin Wagner, you incompetent assclowns.
Tue Mar 4, 2014, 01:34 AM
Mar 2014

Way to ruin this man's life for no good reason whatsoever...

mainer

(12,022 posts)
33. k&r and please sign the petition
Tue Mar 4, 2014, 09:20 AM
Mar 2014

Going to jail for something you're doing legally in California is an outrage.

mwrguy

(3,245 posts)
39. Gun dealers and banksters are still free to harm society
Tue Mar 4, 2014, 01:03 PM
Mar 2014

But at least this terrible menace is off the streets.

tclambert

(11,086 posts)
40. I bet it would be OK if Monsanto did it. Or if a billionaire owned a pot farm.
Tue Mar 4, 2014, 02:10 PM
Mar 2014

But little people? They're to be stepped on.

 

seveneyes

(4,631 posts)
41. The President can and should pardon him immediately
Tue Mar 4, 2014, 02:16 PM
Mar 2014

There is no good reason for him to go to prison and President Obama needs to pardon him right now. It would also be a welcome distraction from the Ukraine nonsense.

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