Originally Posted by Avinash.miles
not entirely accurate
dea and metro drug task force raid people REGULARLY with NO direct evidence of diversion out of state
when i was raided cops told me "it's too much work to prove you are selling, but we COULD" (that was just local LEO< but i've had exp w denver metro drug task force, i know thye bust people without evidence that's worthy of a trial - typically the grow is enough to nail peeps to the wall and MOST of the people getting busted in colorado are being tried in the state, not at the federal level even tho DEA is involved in those busts - the implication is that the charges won't stick federally but the state case is rock solid based on the grow and nothing else).
i laughed and said "no you can't, or you would"
but then i realized, they DON'T have to at all, the system is rigged to bust people for growing, the whole out of state diversion thing is just a scapegoat.
I have no way of knowing for sure, but I figure the feds & the locals work together on a sort of sliding scale. Things that are local in origin probably stay that way until there's indications to the contrary. They all want to bust the big guys & there seem to be plenty of them to go after.
Which isn't to say that the locals won't be assholes about the new limits, depending, but rather that traditional & formerly legal caregiver growers aren't the feds' targets, at least not so far. They haven't been for years. The 12 plant limit is just a really shitty thing for the politicians to implement. I doubt it will stand up in court. I seriously hope it does not. The amount of cannabis such growers put into the current market really isn't much at all.
Prosecutions in state court rather than federal court are part of the state guarding licensed growers & the revenue stream it all provides. They have to be eager to do that as part of the deal established by the Cole memo. As you say, it's also easier to prove. The feds can always come back over interstate transport if state prosecution fails. I'm sure that plays strongly towards plea agreements for people involved in deals like this-
I hope that you & others who've helped me & been kind come through this well. I truly do.