June 01, 2023

From One of the Nation's First Licensed Medical Operators to Kingpin Statute for a Nonviolent Offense: Luke Scarmazzo's Shocking Story vs. the Federal Government

1 hour 6 minutes

Imagine this. You operate a state-licensed business. You pay your taxes and follow ALL the rules and regulations as defined.

You hear a knock at your home door on your daughter's birthday. U.S. federal Agents are there to charge you with the Kingpin Statute or the same law designed to target El Chapo and other cartel leaders.

Not only have you never been convicted of a crime, but you have also followed all the rules California enacted when they passed the Compassionate Use Act in 1996

Certainly, a jury of your peers who voted for this law almost a decade earlier would be an arbitrator of truth and fair would recognize you’re not a drug kingpin, let alone a criminal. This is the United States of America.

This week we sit down with Luke Scarmazzo, One of the first licensed medical dispensaries in the United States, who shares his compelling story.

We discuss:

2004 California Cannabis Industry
Scarmazzo vs. United States of America
Emotional rollercoaster
His mission now and how others can help
And so much more

About Luke Scarmazzo

In 2006, Luke Scarmazzo was running a state-legal medical cannabis dispensary in Modesto, California, when he was arrested by U.S. federal agents following a DEA raid of the business. Scarmazzo was prosecuted in federal court and received a 22-year jail sentence. He and his family have turned to The Weldon Project for support.

Though Scarmazzo’s dispensary was legal through California’s Proposition 215 – which legalized medical cultivation, sales, and consumption in the state – he and his business partner were charged under the Continuing Criminal Enterprise Statute. The CCE Statute, also known as the Kingpin Statute, is a federal law designed to target large-scale drug traffickers and cartels who are responsible for long-term and elaborate drug conspiracies. It carries a mandatory minimum jail sentence of 20 years.

In 2017, after serving nearly a decade in jail, Scarmazzo petitioned the Obama administration for commutation. His business partner, Ricardo Montes, received clemency, but Luke’s request was denied. In 2020, advocates with the nonprofit The Weldon Project included Luke's name on a list of 25 marijuana offenders sent to the Trump White House as part of a clemency campaign supported by Republicans, Democrats, law enforcement and various celebrities. Although President Trump granted nine of the requested pardons, Luke’s request was not granted.

Guest Links

https://www.projectmissiongreen.org/luke-scarmazzo

https://www.instagram.com/lukescarmazzo/?hl=en

https://twitter.com/lscarmazzo?lang=en

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By Bryan Fields & Kellan Finney

4.9