Three men are under arrest for what police say was the operation of a fake medical marijuana dispensary in Phoenix. According to reports, the men were selling marijuana, as well as foods such as brownies, muffins and candy, all of which allegedly contained pot. But the authorities add that the men did not have a valid license to sell marijuana.
If the allegations are true, this would represent a fairly bold activity; after all, we’re not talking about selling drugs out of a house or apartment, or even a car or truck. This was what looked like a legitimate business operating in a strip mall on 32nd Street.
We don’t know all the details of the operation, but some information can be gleaned from the charges the men are now facing. They include, of course, operation of an illegal enterprise and possession of marijuana for sale. But one or more of the men also face charges of possession of narcotics for sale. The narcotics charge is an indication that, at least according to the police, more than marijuana sales were going on at the location.
Reference was also made in the report we read to an additional charge of possession of a firearm during the commission of a drug offense. The actual charge, which is set forth in A.R.S. 13-3102A8, is one of the offenses under the heading of “misconduct involving weapons.” That subsection states that it is an offense to possess or use a deadly weapon during any felony offense under Title 34 (Drug Offenses). In this case, possession of marijuana for sale is a felony, as is possession of narcotics for sale. Throw a deadly weapon into the mix, and you also add to the list of charges another (class 4) felony.
One final observation. When interviewed about the arrests, people in the area acted as if they knew something improper was going on, and they were quick to point out what they described as “suspicious” activity, including – what could be more suspicious – “people coming and going” and “people sitting in cars” in the strip mall parking lot. Pretty savvy analysis, don’t you think?
Law Offices of David A. Black
40 North Central Avenue #1400
Phoenix, AZ 85004