March 1, 2012 John F.

Walsh United States Attorney District of Colorado 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Fax 303-454-0402 Re: Medical Marijuana

Dear Mr. Walsh: Thank you for your letter of February 22, 2012, in response to our letter of February 6, 2012, related to the threat against twenty-three Medical Marijuana centers due to their 1000-foot proximity to schools. Through your response, you have provided the Colorado medical marijuana community with much needed guidance. While you contend that in order to speak with your office we must meet a threshold question of whether this law firm represents any of the twenty-three recipients or any dispensaries within 1000 feet of a school, we respectfully disagree that we must establish legal standing to speak with your office, which is staffed by public servants. The lawyers in this firm have paid our dues over the past decade; we are the only law firm in Colorado who has won both acquittals in criminal jury trials using Colorados Medical Marijuana defense and civil victories related to Medical Marijuana against governmental entities, and the only law firm in the United States that has caused the U.S. Drug Enforcement Administration to return admitted marijuana cultivation equipment post-seizure. At this point, none of our clients have authorized us to identify their names or locations to the United States Attorney for Colorado, which is understandable in light of recent events.

We had hoped such a meeting could establish how far federal enforcement threats will go, and whether there is any marijuana-related operation in Colorado that would be acceptable to the United States government. Despite the lack of such meeting, your response of February 22, 2012 answers our questions sufficiently such that a meeting is no longer necessary from our perspective. Your letter discusses your offices measured approach to this complex arena, and confirms a safe harbor from any Federal civil or criminal enforcement action for any operation measured over 1000 feet from a school. This safe harbor is further confirmed by your offices withdrawal of one letter after it was shown there was no school within 1000 feet. Although we continue to disagree that this is a rational exercise of prosecutorial discretion, finally Colorados citizens, business community, and caregivers have some solid federal guidance upon which they can rely to make decisions. Thanks to local and state government co-conspirators which aid and abet the for-profit distribution of marijuana tens of thousands of times every day in Colorado, this community is well accustomed to following arbitrary government rules, even rules which make no sense. The community will most likely follow your rules as well, now that your rules are known. Your letter references United States v. Christopher Bartkowicz, 10-cr-118 PAB (2010) a case where the federal government initially targeted Mr. Bartkowicz because he showed his small garden publicly in the media. See United States v. Christopher Bartkowicz, 10-cr-118 PAB (2010), GOVERNMENTS MOTION IN LIMINE FOR PRETRIAL RULING ON IRRELEVANT EVIDENCE AND DEFENSES AND BRIEF IN SUPPORT OF MOTION, at pages 6-7. We are gratified that your office has abandoned the media rationale for targeting of growers and centers in favor of the 1000-foot rationale, since it is the open and honest public airing of this subject that may ultimately lead to change. We hope for change; when federal law enforcement officials are liberated from serving as local zoning inspectors armed with tape measures in order to perpetuate a war against a plant that benefits mankind and society. Accordingly, based on your statements, we will advise our clients and others that they have nothing to fear from the federal government so long as any operation can be measured at over 1000 feet from a school. Thank you for providing concrete federal guidance after over a decade of uncertainty in this area. Even though we may disagree with the answer, at least it is an answer, and now all can move forward.

Thank you again for your response to our letter. We look forward to working with your office as Colorados medical marijuana community continues to flourish and the Colorado Constitution is amended this November to allow for recreational and industrial use of marijuana as well. Sincerely,

Robert J. Corry, Jr. Travis B. Simpson