Several Boulder marijuana dispensaries, including at least two near the University of Colorado, have received letters from the U.S. Attorney’s Office ordering them to move or close by May 7 because they are within 1,000 feet of a school.

U.S. Attorney John Walsh sent letters to 25 Colorado dispensaries late last month as part of a second wave of enforcement against dispensaries located near schools and universities. The first wave of enforcement resulted in the closure of 23 dispensaries, none of them in Boulder.

The U.S. Attorney’s Office declined to name the targeted dispensaries, but Westword reported that as many as six Boulder dispensaries may have received letters.

Representatives of two University Hill dispensaries — Fresh Republic, 1335 Broadway, Unit A, and the Hill Cannabis Club, 1121 Broadway, Unit G1 — on Wednesday confirmed they received the letters. An owner of the latter dispensary said the business will close by May 7.

Westword reported that the Med Shed, 4483 N. Broadway, also received a letter. No one from the dispensary could be reached Wednesday.

In total, there are 12 medical marijuana businesses in Boulder located within 1,000 feet of a school, according to city records. Of the remaining nine dispensaries, representatives of six of the businesses said they had not received letters and three could not be reached.

Kim Ries, one of the owners of the 3-year-old Hill Cannabis Club, said the letter came as a surprise, despite increased federal enforcement around the state.

“The city and the state want us here,” Ries said. “We pay taxes every month and licensing fees every year. We weren’t expecting the state to let the feds do this.”

Ries said finding a new location would be too expensive, and the owners are hoping they can sell off their inventory legally before they close.

The owners of Fresh Republic said they had decided not to speak publicly about the letter.

‘Very curious’

Jeff Gard, a Boulder attorney who represents a number of medical marijuana businesses, said he’s only aware of the three named dispensaries receiving letters. He called it “very curious” that two dispensaries close to CU received letters and other marijuana businesses near elementary and middle schools did not.

“Are we really trying to protect the students, all of whom are older than 18 and many of whom are older than 21?” he asked. “There were a lot of businesses located near more vulnerable populations.”

Gard said he’s preparing a legal strategy to defend against the enforcement in case any of his clients want to fight. However, many are not prepared emotionally or financially to take on the federal government.

“Most people are so beaten down by the ever-changing law,” Gard said. “Mr. Walsh is hitting the industry at the right time strategically.”

‘Core responsibility’

City and state officials cannot stop the federal government from enforcing federal drug law. Under the Obama administration, the Justice Department initially said it would not enforce federal law against people who were complying with their state’s medical marijuana laws. However, as the medical marijuana industry exploded, especially in California and Colorado, federal enforcement has increased.

Boulder County District Attorney Stan Garnett sent a letter last month to Walsh asking that federal prosecutors not pursue cases against Boulder dispensaries that were complying with local law. He said local regulations, which bar dispensaries within 500 feet of a school, were working well.

That letter was rebuffed by Walsh, who said keeping dispensaries away from schools was a “core responsibility” of law enforcement and supported by most Coloradans.

Ries said her business would never sell marijuana to children anyway, but the CU students who go to classes near her dispensary aren’t even children.

“Everyone is over 18 anyway,” she said.

CU announced last week that it plans to step up enforcement at the annual 4/20 smoke-out that occurs on campus and issue tickets to pot smokers, but a CU spokesman on Wednesday said no administrators had any contact with the U.S. Attorney’s Office about the letters.

“Dispensaries are not our issue,” Bronson Hilliard said.

Contact Camera Staff Writer Erica Meltzer at 303-473-1355 or meltzere@dailycamera.com.