Massachusetts’ marijuana mother, Deana Martin, convicted in the Northern Herb Federal Drug Case
The eyes of the law have always been very firmly on the players in the cannabis industry and this is no different now that the gradual transition from prohibition to legalization is in full swing. Cannabis is still considered illegal in the eyes of the FDA and the federal government, even though many states have legalized its use for recreational and medicinal purposes. Many have subconsciously reached a state of relaxation where they believe they can get away with activities that are still illegal under the law.
Many small cannabis companies are gradually looking for ways to cut corners and make the most of the mature cannabis industry. However, it usually gets them at the end of the wrath of the law. The latest victim is the owner of a cannabis delivery company in Massachusetts. Read on as we peer into the nook and cranny of the federal case that sentenced her to four years in prison.
A closer look at the offenses
The medical marijuana program involves the use of cannabis for medical ailments such as relief from pain, inflammation, seizures, and general wellbeing. A number of states with open markets for medical marijuana programs have appropriate parameters in place to help regulate the market and its participants. A common one is the set of regulations designed to guide the prescribing physician and the supplier of the product for the patient. It is therefore important for all players in these markets to familiarize themselves with the requirements and regulations there. This is the reality that put Deana Martin in a complex position before a Massachusetts federal judge. She was sentenced to four years in prison as the owner of Northern Herb, a Massachusetts cannabis delivery company. The sentence was imposed when she was charged with tax evasion, money laundering, and the distribution and possession of cannabis. Martin had previously pleaded guilty in court in May.
The problems associated with Northern Herb’s operations are numerous, however their violation of cannabis laws is consistent with Massachusetts’ mandatory medical cannabis program. All cannabis users for medical purposes are required by state cannabis laws to register with the state’s medical cannabis program. Registered companies that work with such users are also obliged to request proof of these registrations from their customers. Unfortunately, Northern Herb operated outside of this mandatory regulation. The company supplied cannabis to patients who ordered cannabis products online without requiring proof of registration from those to whom it was delivered.
The company also violated cannabis laws when shipping cannabis products within the states. The company has been involved in delivering cannabis to unsupervised places like hallways and front doors. Delivery to such locations is contraindicated as it can be accessed by unknown third parties who are not accepted for cannabis delivery. The company used various locations in places like Milton, Foxborough, Hyde Park and Canton to store and distribute cannabis. These and other illegal activities made Northern Herb a target for a federal investigation and trial that resulted in a served sentence and compensation.
The company was in full swing between 2015 and 2018, generating revenues in the millions. It provided services for many Massachusetts citizens through its website that offered cannabis products for sale and delivery. During this period of operation, Northern Herb did not pay any tax as the company is not licensed in the state of Massachusetts. Prosecutors alleged the company’s earnings exceeded $ 14 million between May 2016 and July 1028, no amount of which was paid as tax on its sales proceeds. The company also operated a simple cash policy that is confiscated from customers and used for transactions with suppliers and fewer than 25 employees on its payroll. During this period, the company did not report its workers’ wages to the Internal Revenue Service, nor did it issue W-2 or 1099 to its workers.
The judgment and its consequences
The outcome of the federal sentence for Deana Martin did not stop at the four-year prison sentence. Upon her release from prison, she will have to pay $ 528,146 in compensation and a three-year custodial release. This follows the line of judgment of Tatiana Fridkes who was the office manager at Northern Herb. She was sentenced to two years of supervised release and $ 82,000 refund in September after pleading guilty to conspiracy to distribute cannabis. Martin’s attorney told Law360 that the four-year prison sentence for his client was the result of extensive negotiations.
It’s important to note that Deana Martin’s four-year prison sentence could have been slightly higher. The Guidelines for Advisory Judgments set the penalty for such offenses at 108 to 135 months. However, Deana Martin’s attorney R. Bradford Bailey believes that such a sentence overstates the gravity of his client’s crime. Deana Martin has been prosecuted by the Massachusetts District Attorney’s Office on the counts since April 2019, pending final verdict in October 2021.
Bring away
The case of Deana Martin and his kind isn’t the first in the cannabis industry, and it certainly won’t be the last for now. The law will always frown on such crimes, especially in states where the battle to legalize cannabis has been bravely waged and won. It is therefore important for the advancement of the industry that fewer topics like these are promoted by its main players. This is to ensure that the common goal and push of all cannabis advocates around the world can be easily achieved. The goal remains global legalization and it is within our grasp.
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