Marijuana Dispensaries, a/k/a Cannabis Clubs Submitted by: Narcotics and Dangerous Drugs Committee NDD.007.a09 WHEREAS, in an effort to enhance and better coordinate federal, state and local drug law enforcement efforts, the Drug Enforcement Administration (DEA) was established to be the lead United States federal drug enforcement agency in 1973, and since its creation, the DEA has had primary responsibility for ensuring the laws governing the use of controlled substances are faithfully executed; and WHEREAS, it is the mission of the DEA to enforce all the controlled substance laws and regulations of the United States and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances in the domestic and international markets; and WHEREAS, the Supreme Court has repeatedly reviewed and upheld the authority and responsibility of the DEA to enforce the Controlled Substances Act (CSA), as it relates to the manufacture, distribution and trafficking of marijuana and possession of marijuana for said purposes, in cases such as: United States v. Moore, 423 U.S. 122 (1975); Gonzalez v. Raich, 545 U.S. 1 (2005); and United States v. Oakland Cannabis Buyers Cooperative (OCBC), 532 U.S. 483 (2001); and WHEREAS, the Supreme Courts decision in OCBC makes clear that the marijuana activities of a California marijuana dispensary (hereinafter referred to as a cannabis club) are illegal, and the Supreme Court rulings indicate unequivocally that the CSAs prohibitions on manufacturing, distributing, and possessing marijuana apply regardless of whether the person engaging in such activity: claims to have a medical necessity;claims to be acting in accordance with state law; or claims to be acting in a wholly intrastate manner; and WHEREAS, cannabis clubs typically operate in violation of state law in addition to the CSA; and WHEREAS, DEAs investigations of cannabis clubs are typically initiated as a result of one or more of the following factors: community complaints to a law enforcement agency; state and local law enforcement and/or city government requests for assistance; and tips generated by collateral drug trafficking/money laundering investigations; and WHEREAS, state and local law enforcement agencies are reporting significant increases in violent crime and property claims at or near dispensaries, including robberies, burglaries, aggravated assaults, and burglary from autos; and WHEREAS, cannabis clubs operators are not pharmacists; they do not have commensurate training and accountability to ensure the safety and purity of the products they illegally distribute; they do not provide accurate education regarding said products; and they do not comply with any regulations in place to protect the health and well-being of the public; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, opposes the establishment of cannabis clubs or any other entities promoting the illegal distribution of marijuana; and be it FURTHER RESOLVED, that the IACP supports the DEAs continued investigation and the United States Department of Justices continued prosecution of marijuana traffickers, marijuana dispensaries operators, marijuana growers, and related organizations operating under the guise of providing medicinal products to those in need.