There has probably never been a more confusing legal environment regarding marijuana than there is right now in California, and last Wednesday's multi-agency raids on two Los Angeles medical marijuana dispensaries serve as perfect illustrations.
In February, U.S. Attorney General Eric Holder said that the DEA would no longer raid marijuana dispensaries that are operating in accordance with state law. Holder later said "our focus will be on people, organizations, that are growing, cultivating substantial amounts of marijuana and doing so in a way that's inconsistent with Federal law and State law."[ HASK3MP8NUTT ]
On August 12, a task force that included the FBI, LAPD, LASD, and DEA raided the Organica and Overland Gardens collectives at gunpoint, in riot gear, and with air support. At Organica, the officers shot a dog belonging to owner Jeff Joseph, detained patients and employees, used sledgehammers to knock away interior sheetrock to search for evidence, and confiscated cash and property. Joseph was taken into custody and charged with felony marijuana possession under California's Health and Safety Code. Although LAPD sought the search warrant last week -- and it's still unclear exactly why Organica and Overland were targeted -- witnesses say DEA appeared to be in command.
California law allows individuals to possess or grow marijuana with a doctor's recommendation, but laws regarding distribution and sale are less clear and enforcement is typically left to local authorities.
Mr. Joseph's attorney, William Kroger, described a legal environment that is evolving rapidly and often varies wildly from one locale to another. Kroger provided Huffington Post with an exclusive copy of the search warrant served on Joseph and Organica.
Former Seattle police chief Norm Stamper told me that the intended effects of Mr. Holder's statements about federal involvement "can easily be blunted if the state law loophole is exploited by law enforcement" and that the sometimes cozy relationship between area federal and local officials can mean that agencies are "only too happy to enlist" each other when one jurisdiction wants to initiate a case but cannot themselves do so.
DEA administrator Michelle Leonhart, appointed by President Bush after serving in various California DEA field posts, has overseen the last decade of DEA paramilitary-style engagement with California marijuana dispensaries. While it seems unlikely she sought approval from the AG's office for the latest raids, she is undoubtedly aware of the new administration's change in direction (however nuanced it may be.)
No federal charges have been filed, raising the question of what standard the DEA is applying when deciding whether to "assist" local authorities in enforcing state marijuana law.
The legality of the two raided collectives is for the courts to decide. As perplexing as the current legal environment is for medical marijuana patients, one thing is quite clear: despite administration statements, little has changed with regard to federal enforcement of marijuana laws, even in states where it has been decriminalized.
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Sen. Jim Webb of Virginia authored S-714 to create a national criminal justice commission to look into all aspects of the use of America's criminal justice system. http://mysite.verizon.net/aahpat/aandc/s714.htm
Sen. Webb has even indicated that marijuana legalization is "On the table". http://drugwartreason.blogspot.com/2009/04/marijuana-legalization-is-on-table.html
Thus far 33 senators have signed on to Sen. Webb's S-714 as co-sponsors. S-714 tally sheet of senators thus far co-sponsoring the bill.
http://mysite.verizon.net/aahpat/aandc/s-714_tally.htm
The bill needs all the support it can get because drug war supporters have offered a counter bill in the House of Representative.
H.R. 2943
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2943: To eliminate most Federal penalties for possession of marijuana for personal use, and for other purposes. Please consider writing to your representative and asking that they support this bill.
They are really admitting that they are losing the real war against drugs flowing in from Mexico, and bootleg pain pills and crystal meth cooked up at home.
We are looking at Big Brother and Nazi-era theatrics here.....
Please take the time to listen to this webcast in two parts by Dr. Melamede. He explains NEW info about how cannabis is effective medicine for so many maladies, explaining in some detail some very new info about the workings of the endocannabinoid system - being "high" is a natural state of equilibrium and good health - even if you have never smoked cannabis!
What we have going on now in the medical marijuana dispensaries is government agencies competing to see who gets in first to raid them and gets dibs on all the cash and drugs, which they then use for their own purposes. Agencies that have been completely corrupted by access to all the cash and drugs.
It is time to legalize cannabis and start funding the new studies that will lead to breakthough treatments for cancer, diabetes, and many more diseases.
Those LAPD are paid by the taxpayers that passed the laws that they are ignoring. Unreal.
http://stopthedrugwar.org/chronicle-old/288/nolaw.shtml
GOBAMA!!!
If a patient requires MJ for pain relief, or for some other valid thereputic reason, what business is it of anyone else?
If some twinkie wants to blow a doobie and get all, like, mellow, who gives a sh*t?
What in the hell is this, anyway? Could this be exemplary of Big Tobacco's last gasp? Couldn't all of those subsidised tobacco growers be growing infinitely useful industrial hemp? What is so complicated about the myriad benefits to be realized by legalization?
Using a SWAT team to attack a dispensary is like using a sledge hammer to squash a flea. Killing a dog for any reason beyond self-defense is sociopathic.
Pathetic!
Many of these dispensaries are not operating within the guidelines and estimates are that the vast majority of "patients" are young and healthy; also, reselling to underage for recreational use is common. Cities are issuing moratoriums on these dispensaries to try to bring them under control. If the 2% of patients who actually are seriously ill were the only ones using the dispensaries, there would probably be no raids.
Cannabis Prohibition Is Clearly the Most Dangerous element surrounding the use og Cannabis.
Solution: Change the damn Laws...Obama Let Us Down!
We, the People are getting NO Return for Our Tax Dollar Investment in this Drug War.
How MUCH Did This Raid Cost? I understand it is about $1000.00 per hour for choppers...then add in Hazard Pay, wear and tear on the equipment, Upkeep etc...Ground forces and the bullet to the dog.
No good argument can be made in Defense of LEO actions...Period. To say it is "illegal" does Not define any danger to self, public or society in general from the act to begin with.
The Laws do Nothing to Protect us and In Fact Create a More Dangerous Environment.
http://www.phoenixtears.ca/melamede_webcast.php
Whether pot is used for medicine or recreation, it is helping to keep you healthy.
Everything the government has ever said about cannabis is a lie, usually the exact opposite of the known facts. Their interest in promulgating this propaganda lies in the 60 billion a year the industry generates, without which they couldn't run their departments, nor could the banks remain solvent.
Obama! In Your OWN Words: ENOUGH!
Mr President, Each Day, Lately...My Supporting vote for you Fades a little bit more. This Incident cost 10pts of consideration towards re-Election.
How Sad, that you made promises You WON"T keep. You Know the Laws, Rules and Policies Governing the use of Cannabis Are Wrong. I KNOW you do.
Get your Admin In Line, based on What is Right and Common Sense. Please, Sir!
i guess this is more proof that obama is a lying liar.
["On July 21, 2007 at a town hall meeting in Manchester, New Hampshire, a GSMM staffer asked Sen. Obama if he would end the raids. Sen. Obama replied: "The Justice Department going after sick individuals using this as a palliative instead of going after serious criminals makes no sense."
Less then a month later, on August 13, while at a town hall meeting in Nashua, New Hampshire, he was asked by GSMM staffers if he agreed with the 81% of New Hampshire Democrats who believe that the federal government should end the raids on medical marijuana patients and caregivers. Sen. Obama responded: "You know, it's really not a good use of Justice Department resources."
On August 21, during a campaign event in Nashua, New Hampshire, Sen. Obama was asked by GSMM volunteer and seriously ill Nashua resident Scott Turner if he would end the federal raids on medical marijuana patients like him. Sen. Obama replied: "I would not have the Justice Department prosecuting and raiding medical marijuana users. It's not a good use of our resources."]
shooting the dog infuriates me.
"Change" We Can BELIEVE in, Mr President? really?????
This propensity for breaking doors, smashing equipment, seizing cash and killing dogs seems like pretty severe punishment before anyone is found guilty of anything.
The next move would be to require something like gun registration, so authorities know where they are, and then coming in the middle of the night to collect them.