Life in Art, the non profit group that grows medicinal marijuana near Santa Rosa to support the arts, is pushing the boundaries of the law.
The Sonoma County Sheriff's Office has said it is taking a closer look at the operation
Prosecutors and police rely on a narrow reading of state law that makes the collective's use of profits illegal, said Sebastopol attorney Omar Figueroa, whose clients include marijuana dispensaries and individual cannabis patients.
But in reality, the law is more vague and open to inclusive interpretations. For example, he said the collective might say they are using their profits to fund art therapy projects with medical value.
The very definition of profit is open to debate. People who work at a collective are allowed reasonable compensation for their time and expenses. It is not unusual for a full-time operator to make $100,000 a year, he said.
"The question becomes, what is reasonable," Figueroa said. "Like many things in the law the reasonable profit standard is very amorphous."
However, Figueroa said the collective remains illegal under federal law. Based on the size of the operation, Life Is Art founder Kirsha Kaechele and her partner Jaohn Orgon could be hit with a mandatory five-year federal prison sentence if convicted, he said.
Although President Obama has pledged support for medical marijuana, the collective could be prosecuted under a future administration. The statute of limitations is five years, he said.
"I wish them the best because it seems worthwhile," Figueroa said. "I'm just concerned for their liberties."
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