here are a few cases in california where growers and dispensary owners have been convicted of CCE..
http://www.medicalmarijuanaofamerica.com/pows/incarcerated-now.html
If you deal with dispensaries or brokers, you should be aware of Continuing Criminal Enterprise...its the strongest weapon that LEO has against growers, brokers, and dispensaries...The MMS ranges from 5 to 20 years to life if you are charged federally with Conspiracy to Distribute marijuana and conspiracy to cultivate...it applies when someone is engaged in the growing and sale of marijuana for an extended period of time and are involved with other people committing similar felonies as well...
http://en.wikipedia.org/wiki/Continuing_Criminal_Enterprise
he Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or The Kingpin Statute) is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies. Unlike the RICO Act, which covers a wide range of organized crime enterprises, the CCE statute covers only major narcotics organizations. CCE is codified as Chapter 13 of Title 21 of the United States Code, 21 U.S.C. § 848. The statute makes it a federal crime to commit or conspire to commit a continuing series of felony violations of the 1970 Drug Abuse Prevention and Control Act when such acts are taken in concert with 5 or more other persons. For conviction under this statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations.[1]
SO MY QUESTION IS.....is the 5 people a set number? because in some of the medical marijuana cases listed in the first case, it doesnt sound like there were 5 people involved...
Also, do those 5 people need to know eachother? Can i get convicted simply because i am a grower who sells to a guy who sells to a guy who is involved in interstate distribution, or if the investigation begins out of state? Even if i dont know the big distributor, dont have his number, dont have any logged phone conversations...Or another case where a grower simply supplies most of his warez to a dispensary that gets raided for their own problems...and they bring the grower in because he was the "supplier" to the criminal enterprise...
for example, i read about a case in florida where they were investigating a group of pot dealers....they found out the weed was being shipped from southern california...and the traced to weed from florida all the way back to Socal and arrested the shipper AND the grower.....not sure if that case went to CCE i dont remember...
im sick and tired of people thinking you can come to california and grow commercially "legally" its simply not true.....doesnt matter how many scripts you have, if you have a bogus cultivation permit...once they pass the case off to the feds it becomes a whole different ballgame....if you run a decent sized grow and collect cash for donations, and you sell to dispensaries or brokers that could be involved in very illegal activities, you could be at risk of serious charges.....Dustin Costa was not charged with CCE but his charge of manufactoring marijuana got him almost 10 years in prison for 900 plants..and the dudes an ex-marine and has a 300 member co-op..
any lawyers or those with experiance care to elaborate or call BS on my fear mongering so i can sleep better tonight?
http://www.medicalmarijuanaofamerica.com/pows/incarcerated-now.html
If you deal with dispensaries or brokers, you should be aware of Continuing Criminal Enterprise...its the strongest weapon that LEO has against growers, brokers, and dispensaries...The MMS ranges from 5 to 20 years to life if you are charged federally with Conspiracy to Distribute marijuana and conspiracy to cultivate...it applies when someone is engaged in the growing and sale of marijuana for an extended period of time and are involved with other people committing similar felonies as well...
http://en.wikipedia.org/wiki/Continuing_Criminal_Enterprise
he Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or The Kingpin Statute) is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies. Unlike the RICO Act, which covers a wide range of organized crime enterprises, the CCE statute covers only major narcotics organizations. CCE is codified as Chapter 13 of Title 21 of the United States Code, 21 U.S.C. § 848. The statute makes it a federal crime to commit or conspire to commit a continuing series of felony violations of the 1970 Drug Abuse Prevention and Control Act when such acts are taken in concert with 5 or more other persons. For conviction under this statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations.[1]
SO MY QUESTION IS.....is the 5 people a set number? because in some of the medical marijuana cases listed in the first case, it doesnt sound like there were 5 people involved...
Also, do those 5 people need to know eachother? Can i get convicted simply because i am a grower who sells to a guy who sells to a guy who is involved in interstate distribution, or if the investigation begins out of state? Even if i dont know the big distributor, dont have his number, dont have any logged phone conversations...Or another case where a grower simply supplies most of his warez to a dispensary that gets raided for their own problems...and they bring the grower in because he was the "supplier" to the criminal enterprise...
for example, i read about a case in florida where they were investigating a group of pot dealers....they found out the weed was being shipped from southern california...and the traced to weed from florida all the way back to Socal and arrested the shipper AND the grower.....not sure if that case went to CCE i dont remember...
im sick and tired of people thinking you can come to california and grow commercially "legally" its simply not true.....doesnt matter how many scripts you have, if you have a bogus cultivation permit...once they pass the case off to the feds it becomes a whole different ballgame....if you run a decent sized grow and collect cash for donations, and you sell to dispensaries or brokers that could be involved in very illegal activities, you could be at risk of serious charges.....Dustin Costa was not charged with CCE but his charge of manufactoring marijuana got him almost 10 years in prison for 900 plants..and the dudes an ex-marine and has a 300 member co-op..
any lawyers or those with experiance care to elaborate or call BS on my fear mongering so i can sleep better tonight?
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