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I <br />2 <br />3'' <br />4 <br />5 <br />b <br />7 <br />8 <br />9 <br />10 <br />~ 11 <br />~ ~ <br />W ~ R 12 <br />~~ ~~ 13 <br />~o ~~ 14 <br />c <br />~~ ~ 15 <br />~ ~ 16 <br />17~ <br />18J <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Doctor's recommendation, and then supply it to their friends for illicit use. Criminal <br />investigation has also revealed "420 Primary Caregivers" is obtaining its marijuana from a <br />variety of sources including marijuana smuggled into the United States from South or Central <br />America. Besides selling a variety of qualities of dried marijuana, "420 Primary Caregivers" <br />also sells marijuana plants and food products made with concentrated cannabis, heavily laden <br />with THC. Three subjects related to "420 Primary Caregivers," including the owner, have been <br />arrested and charged by the Orange County District Attorney's Office with multiple felony <br />counts including possessing marijuana for sale and child endangerment. People v. Stephen <br />Glenn Lawrence, Orange County Superior Court Case No. OSNF1146. The felony counts <br />include: H&S § 11360(a) [Sale or transport of marijuana]; H&S § 11359 [Possession for sale of <br />marijuana]; PC §273a(a} [Child abuse and endangerment]; and PC §182(a)(1) [Conspire to <br />commit a crime]. A substantial sum of cash has also been seized from the defendants pursuant <br />to asset forfeiture laws. The Police Department conservatively estimated that "420 Primary <br />Caregivers" to be generating approximately $50,000.00 a week income. Attached as Exhibit C <br />are true and correct copies of the crime reports, DR OS-14298, regarding this criminal <br />investigation that I reviewed, approved and signed as the supervisor. <br />RECENT DEVELOPMENTS <br />42. Under the Federal Controlled Substances Act there is no compassionate use <br />exception. However, eleven states including California have laws allowing medical marijuana <br />or are sympathetic to the issue. The United States Supreme Court addressed the issue of <br />medical marijuana distribution by dispensaries in United Stated v. Oakland Cannabis Buyers' <br />Cooperative and Jeffrey Jones, 532 U.S. 483, on May 14, 2001, ruling there is no medical <br />necessity defense under federal law. This makes the distribution of marijuana through a medical <br />marijuana dispensary illegal under federal law. <br />43. On June 6, 2005, the United States Supreme Court overruled Raich v. Ashcroft, (9"' <br />Cir. 2003) 352 F.3d. 1222. The US Supreme Court decision on this medical marijuana case <br />from Northern California allows Federal Agencies to continue to enforce Federal Law in states <br />with Compassionate Use/ Medical Marijuana laws. Gonzales v. Raich (2005) 545 U.S. 1. <br />- 9 - Decl Opp to OSC Re Preliminary Injunction <br />17 of 36 <br />75A-140 <br />