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The Summer of Busts

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Jam band and EDM concerts alike are being plagued by excessive police anti-drug activity.

Though the Summer of 2023 has been flush with great musical events, from jam band farewells to EDM gatherings, there has also been the unfortunate reality of drug-related police activity resulting in numerous arrests and large amounts of party favors confiscated. 

Much of this article will be centered around one particular locale where some of the drug busts—along with one tragic mass shooting—took place: the idyllic Gorge Amphitheatre in Grant County, Washington, a legendary venue situated on the banks of the Columbia River in the eastern part of the state. 

The Gorge was the site of the most recent music event spoiled by drug arrests: the Bass Canyon Music Festival, a celebration of EDM (electronic dance music), which took place over the weekend of August 18-20. The Grant Co Sheriff’s Department arrested 13 people while confiscating $20,000 worth of goodies, including cocaine, LSD and ketamine, along with cannabis. Even though weed has been legal in Washington for over a decade, it’s still against the law to sell it without a license.    

The Grant Co Sheriff’s Dept. conducted 14 different investigations in total, their heightened response prompted by an earlier shooting on the same concert grounds in June—more on that story to follow. 

In their official statement to the media, the Sheriff’s Dept. seemed to be rationalizing their overzealous operation, by stating that the concert grounds can hold up to 25,000 people, the same population as nearby small towns.  Yet, modern music festivals have always been about those sorts of cramped conditions, and the vast majority go off smoothly without any overbearing police presence being necessary. 

Similar drug raids were also conducted on the East Coast, including at the Elements Festival in Long Pond, situated in Pennsylvania’s Monroe County. A self-described “car camping” electronic music festival that occurred over the weekend of August 11-14, 11 people in all were arrested, charged with selling various substances to festival attendees.  

According to reports, the increased police scrutiny this year was prompted by overdoses at the Elements Fest the previous year, in 2022. Yet once again, the Sheriff’s Dept’s claims raise the issue that the priority should be ensuring people are offered proper medical services, along with taking safe substances in the first place. Because no matter how big or small of a law enforcement presence there actually is, people are going to take drugs at festivals and concerts, because most of the dealers don’t get caught.

It was an actual shooting—not only overdoses—at the Beyond Wonderland EDM Festival held at the Gorge on Saturday, June 17 that made national headlines. Two people were horrifically shot to death, with two others wounded—including the gunman’s own girlfriend, causing permanent injuries to her. The festival’s Sunday schedule was promptly canceled in wake of the mass shooting.  

It’s worth noting that the two murder victims were a same-sex female couple engaged to be married; they were walking together when Kelly shot them to death. A male who tried to help the victims, as well as the suspect’s aforementioned girlfriend, were wounded by gunfire. The accused gunman, 26-year old James Kelly, who was captured on the festival grounds, is an active-duty soldier stationed in Washington state. It has yet to be revealed whether or not the shootings were politically motivated. Kelly has claimed it was a bad “mushroom trip” that caused him to shoot down his fellow concertgoers, which the corporate media were quick to exploit in their coverage of the shooting. As told to police, during one of the concert performances, a tripping Kelly was filled with thoughts of the world coming to an end, and so he rushed back to his tent, where his gun was waiting to be fired indiscriminately.

The Wonderland incident provided all the justification required for an intricately coordinated multi-agency operation to conduct over-the-top drug activity during the popular jam band Dead and Company’s farewell tour stop to the Gorge on July 7 and 8. 

Mutually involved in the Dead & Co. busts were the Interagency Narcotics Enforcement Team (INET), Grant County Sheriff’s Office, Moses Lake Police Department Street Crimes Unit, as well as Homeland Security Investigations, meaning the US government was involved as well.  

Various substances with a combined estimated street value of over $200,000 were seized, including over 28,000 grams of weed, dabs and edibles, as well as coke, shrooms, molly and acid. In all, 13 people were arrested on drug felony charges.

Posting on their Facebook page July 12, the Grant County Sheriff’s Office issued an official statement regarding the bust, making no apologies for the arrests and seizures:

“The Gorge Amphitheater encourages law enforcement pro-activity at their concerts which are known to have an illegal drug culture based on the number of overdoses and incidents experienced over the years.”  The statement also referenced the recent EDM festival shooting. 

However, the Sheriff’s Dept failed to address the primary problem of the Wonderland incident, which wasn’t the mushrooms, but the firearm that was illegally brought onto the concert grounds, which as stated in the venue’s official rules, is prohibited. While it’s true that psychedelic mushrooms were prohibited too, that substance cannot be used as a weapon to impulsively kill innocent people. Law enforcement did not provide a statement regarding an apparent plan in place to prevent future gun violence at the Gorge, solely focusing on the drugs.

The arrests and seizures at the Gorge were not the first time during the two-month Dead & Co. summer tour that big busts at one of their gigs made the news. When the band performed at the Saratoga Performing Arts Center (aka SPAC), located in upstate New York, on June 17 and 18, local law enforcement was in full force. So full in fact, that the New York State Park Police reported those two D&C shows were among the busiest they’ve ever experienced in terms of drug busts, as well as some actual, violent crime they had to deal with at the venue. The Park Police seized LSD, cocaine, mushrooms, ketamine, meth, weighing equipment and even black-market “packaging”.  Additionally, 54 tanks of nitrous oxide were seized, along with arresting over 30 individuals, as well as confiscating $33,000 in cold hard cash from one luckless drug dealer. 

Concerts by Phish, the biggest jam band outside of Dead & Co., also experienced unwanted—and perhaps unwarranted—treatment by law enforcement. As reported by Phish fans on Reddit, accompanied by photos that provided visual confirmation of the claim, a circulating memo revealed that a federal/local law enforcement joint endeavor was targeting a pair of Phish shows to be held in Burgettstown, Pennsylvania in late July.   

In a memo shared far and wide on the web, the document carried the heading of “Washington County Sheriff’s Office” with an added note “Internal Dissemination Only.” The subject read: “Joint County Task Enforcement Operation ‘Phish in a Barrel’” with the next line indicating the operation was to be conducted at “Star Lake Amphitheatre July 21-22, 2023”, a concert venue outside of Pittsburgh. 

The memo listed the “chain of command” of the various agencies purported to be involved with this operation in hierarchical order, designated by phonetics: “Ops Alpha” was Dept. of Homeland Security, “Ops Bravo” was Washington Co Sheriff’s and “Ops Charlie” was the notorious Drug Enforcement Administration, just to throw an extra scare into any who believed this printed chicanery.  

The memo designated Highway 22 as the “primary checkpoint”, with Highway 18 as the “secondary” checkpoint in which anti-drug units with colorful nicknames like “Team Wolverine” and “Team Badger” would crack down on any would-be partying Phish fans. Perhaps using a code name based on an actual animal-based Phish song such as “Ocelot” or “Possum” might’ve been too obvious. 

Despite the memo seeming quite intentionally comical in hindsight, this document was strongly believed by the Phish and wider jam band communities for a period of time leading up to those concerts. 

So much so that Washington Co Sheriff Tony Andronas felt obligated to post on his Facebook page that “Phish in a Barrel” was indeed a hoax, and in fact, a similar prank had been played on the Virginia State Police in 2018. In that case, as with this most recent one, none of the perpetrators were identified.

Despite the hoax, it turns out the Washington County Sheriff’s Department still made their presence felt in the most unwelcome way at those Phish shows, as officers were actually on the Star Lake “lawn” (the general admission area behind the seats), as visually documented on social media. This time it was no hoax/prank, as photos posted on Reddit revealed the cops were disturbing and disrupting concertgoers’ good times, writing tickets for those merely smoking weed on the lawn. 

With paranoia over the “Phish in a Barrel” hoax being so widespread, in conjunction with all of the excessive actual busts from coast-to-coast, this demonstrates that law enforcement continues to prioritize drug enforcement over public safety at festivals and concerts—so let the attendee beware.

Source: https://hightimes.com/culture/the-summer-of-busts/

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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