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End of an Era? No More DEA Raids on Medical Marijuana Dispensaries, US Attorney General Says PDF Print E-mail
Written by Tiny Martinez   
Friday, 27 February 2009 20:10

In response to a question at a Wednesday news conference, US Attorney General Eric Holder said the Justice Department will no longer raid medical marijuana dispensaries in states where they are legal under state law. The announcement marks the fulfillment of a President Obama campaign promise, and it marks the end of 13 years of stubborn federal resistance to state medical marijuana programs.


   

DEA raids of medical marijuana facilities in California continued after Obama's election in November and even after his inauguration last month. Holder was asked if those raids represented Justice Department policy under the new administration.

"Shortly after the inauguration there were raids on California medical marijuana dispensaries. Do you expect these to continue?" the reporter asked, noting that the president had promised to end the raids in the campaign.

"No," Holder responded. "What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing in law enforcement. He was my boss during the campaign. He is formally and technically and by law my boss now. What he said during the campaign is now American policy." (Watch the video here.)

Nearly 75 million Americans live in the 13 states where medical marijuana is legal. But because of the federal government's refusal to recognize state medical marijuana laws, dozens of dispensaries in California have been raided by the DEA, typically in over-the-top paramilitary-style operations. More than a hundred people are facing prosecution, sentencing, or are already imprisoned under draconian federal marijuana laws because of their roles in operating dispensaries.

"There has been a lot of collateral damage in the federal campaign against medical marijuana patients," said Steph Sherer, medical marijuana patient and executive director of Americans for Safe Access (ASA), the nation's largest medical cannabis advocacy organization. "We need to stop the prosecutions, bring the prisoners home, and begin working to eliminate the conflict between state and federal medical marijuana laws."

At an ASA press conference hastily called for Thursday afternoon, Sherer elaborated. "I'm overjoyed to finally hold a press conference with some great news," she said. "Today is a victory and a huge step forward in what has been at times a cruel and tragic period. My outrage over the raids was shared by millions of Americans, and now our collective voice has been heard in Washington. We look forward to working with the Obama administration to harmonize the conflicts with state laws once and for all."

 

http://stopthedrugwar.org/files/charlielynch.gifBut for some patients and dispensary operators, the damage has already been done. Larry Epstein operates a legal medical cannabis dispensing collective in Marina Del Rey, California, that was raided by the Drug Enforcement Administration (DEA) on February 4, despite President Obama's statements on the campaign trail indicating a change in federal policy.

 

"We had been operating as a legitimate cooperative dispensary per California law for a number of years," said Epstein. "But the DEA came in here as if we were operating an illegal drug cartel. They stole all our property, all our product, and froze our bank accounts. Now, we can't pay our taxes; that's part of what they stole. It's devastating when they do those types of actions, never mind the hundreds of patients who rely on our facility to get their medicine."

Heather Poet operates a medical cannabis dispensing collective in Santa Barbara, California. The Justice Department has pressured her landlord to evict the collective using threats of prosecution and civil asset forfeiture. Her case prompted US Representative Lois Capps (D-CA) to ask Attorney General Holder to stop any and all prosecutions of property owners in a February 16 letter.

"Our landlord has twice been threatened by the US Attorney for the Central District of California, most recently just last month," Poet said. "If he did not initiate the termination of our lease for the 'illegal use' of his property -- we were operating legally under California law -- they would begin forfeiture proceedings against his property. That's when I contacted Rep. Capps. Within a week, she had contacted ASA and begun working on that letter. We are so grateful and proud of her for working so quickly to protect our rights and those of our patients. This has been a real travesty for so many sick people in California who have had to worry. Now, thousands of people will be able to breathe easier."

One person who isn't breathing easier just yet is Charles C. Lynch, a Morro Bay dispensary operator arrested and convicted on federal marijuana distribution charges. Lynch faces the dubious distinction of being perhaps the last person sent to prison under the federal war against medical marijuana; he faces at least a five-year mandatory minimum sentence when he is sentenced March 23.

"I became a medical marijuana patient in 2005 and decided we needed a dispensary here in the San Luis Obispo area so patients didn't have to drive 90 miles to Santa Barbara," Lynch explained. "Before I opened the dispensary, I called the DEA and asked them their policy. They told me it was up to the cities and towns, so I got a business license from the city of Morro Bay, and opened up on April 1, 2006. The mayor, the city attorney, and council members all came by to visit the facility. We even joined the Morro Bay Chamber of Commerce. I did everything I thought was necessary to run a legitimate business."

But thanks to a recalcitrant local sheriff who, lacking any basis under state law to go after the dispensary, sicced the DEA on it, Lynch's dispensary was raided. "In March 2007, they raided me, took all my money and froze my bank account. They made it sound like I was selling drugs to children in the schoolyard. The city of Morro Bay reissued my business license -- the DEA had stolen it, too -- and I reopened for business. Two weeks later, the DEA threatened my landlord with forfeiture unless he evicted us for good, so on March 16, 2007, the dispensary closed for good."

That has been sufficient to slake the fed's thirst for vengeance in many dispensary raids: Trash the premises, steal the money and property, and drive the business out of existence. But in other cases, federal prosecutors wanted an extra pound of flesh and actually prosecuted dispensary operators. Charles Lynch falls into that unfortunate latter category.

"On July 17, 2007, I woke up to federal agents banging down my door with an arrest warrant for federal marijuana distribution charges," Lynch related. "I had a spotless record, but I had to post a $400,000 bond to get out of federal detention. The DEA and the sheriff did everything in their power to defame me, destroy me, and destroy my life. Now, I have been found guilty on five counts of distribution and await sentencing. I'm filing for bankruptcy, my friends are scared to talk to me because the feds are breathing down my neck. They've destroyed my life."

Clearly, Attorney General Holder's announcement Wednesday is a major breakthrough for the medical marijuana movement. Just as clearly, there are still messes to clean up and injustices to be righted. It is only when there is no one remaining in or threatened with federal prison for helping sick patients that the medical marijuana movement will have achieved real justice.

 
Colorado's Medical Marijuana Patients and Caregivers Need Your Help! PDF Print E-mail
Written by Tiny Martinez   
Thursday, 26 February 2009 16:20

On March 18, the Colorado Board of Health will hold a public hearing to consider changes in Colorado's medical marijuana law proposed by the Department of Public Health and Environment.  In particular, they are considering limiting the number of patients a caregiver can assist to five.  Currently, caregivers in Colorado can assist however many patients need their help, which makes it far easier for patients to find a suitable caregiver and maintain safe access to a reliable supply of medicine.

Could you imagine going into a pharmacy to pick up a medication that your doctor said you need, only to have the pharmacist say, "Sorry, we're already helping five patients and cannot take on any more?"  If you agree this is ridiculous and would like to help defend Colorado's medical marijuana program, please take one or both of the following actions.

Sensible Colorado is organizing an effort against the imposition of these harmful new rules, which is receiving national support from Americans for Safe Access (ASA) and the Marijuana Policy Project (MPP).
 
1.  Take one minute to send a message to the Colorado Board of Health, urging them to leave Colorado's medical marijuana law alone. 

** The Board is only accepting public comments through March 2, so please send your message today! **

Visit ASA's "Take Action" page to send your message:  http://www.SafeAccessNow.org/COhealth

Visit MPP's "Take Action" page to send your message:  https://ssl.capwiz.com/mpp/issues/alert/?alertid=12733646

2.  Attend the hearing on March 18, at which the Board will vote on this rule.

WHATBoard of Health hearing on potential changes to Colorado's medical marijuana law

WHEN:  Wednesday, March 18, Noon (12 p.m.)
 
WHERE:  Colorado Health Department Building, 4300 Cherry Creek Drive South, Denver
 
IMPORTANT:  This is NOT a rally -- it is a formal hearing and supporters are encouraged to dress and act in a professional manner.

Last Updated on Thursday, 26 February 2009 16:58
 
Boycott Kellogg’s! Fight Corporate Demonization of Marijuana PDF Print E-mail
Written by Tiny Martinez   
Tuesday, 10 February 2009 19:09

The Kellogg Corporation's decision to drop Michael Phelps in the aftermath of the infamous bong hit photo is blossoming into a full blown and richly deserved public relations disaster.  Claiming Phelps's deed is "not consistent with the image of Kellogg," the company has alienated his fans and united the marijuana reform community behind an unlikely champion.

Phelps's tremendous popularity, along with evolving public attitudes about marijuana use in general have created a climate that is strikingly hostile towards Kellogg's moral posturing. Phelps, through his remarkable achievements, inherently undermines the very foundations of our culture's lingering animosity towards marijuana, thus his vilification is rendered self-evidently incoherent and indefensible. Moreover, Phelps’s behavior is no different than that of millions of hardworking and responsible Americans and any attack on his character is an attack on us all.

The drug policy reform community is issuing a unified call to our supporters to help show Kellogg's that demonizing marijuana users is bad for business. Please join us in not purchasing their products, which include:

Apple Jacks(R)
Kellogg's Corn Flakes(R)
Cracklin' Oat Bran(R)
Crispix(R)
Froot Loops(R)
Frosted Flakes(R)
Frosted Mini-Wheats(R)
Honey Smacks(R)
Pops(R)
Kellogg's Raisin Bran(R)
Rice Krispies(R)
Special K(R)
Pop-Tarts(R)
Rice Krispies Treats(R)
Nutri-Grain(R) Cereal Bars
Keebler(R) Cookies
Famous Amos(R) Cookies
Cheez-It(R) Crackers
Morningstar Farms(R) Organic

 

You can call Kellogg's hotline at 800-962-1413 to share your concerns and let them know why you won't be purchasing their products. They're getting so many calls about this that you actually get a message saying "If you would like to share comments regarding our relationship with Michael Phelps, please press 1...If you are calling about the recent peanut butter recall, please press 2." Amazingly, Kellogg's customers are more concerned about their treatment of Michael Phelps than about the salmonella outbreak.

Believe me, I never thought the fight for drug policy reform would find me telling everyone to stop eating rice krispie treats, but you gotta play the hand you’re dealt. This is one of those rare moments where the conversation about marijuana use in America spontaneously invades pop culture and takes over. We have everything to gain by riding this wave, even to the absurd extent of switching breakfast cereals.

For too long, zero-tolerance anti-drug posturing has ruled corporate America. The mentality that led Kellogg's to condemn Phelps is the same one which has inspired countless companies not only to collect urine from their employees, but to place signs in their storefronts boasting about it to their customers. Corporate reefer madness is the lifeblood that feeds Partnership for a Drug Free America with tax-free contributions, all based on the faulty assumption that nothing wins over the heart and minds of the public more reliably than drug war propaganda.

Thus, today brings an interesting challenge. I've heard the word boycott thrown around by reformers many times in many contexts, but I’ve never seen the level of intensity that has emerged from this week's events. Can we deal a blow to the presumptions and prejudices that drive corporate America to continue paying tribute to this vicious war on their own customers? Join us, and together we’ll find out.

Last Updated on Tuesday, 10 February 2009 19:31
 
DEA Raids More California Medical Marijuana Dispensaries, Prompting Obama Administration to Reiterate Pledge to Stop Them PDF Print E-mail
Written by Tiny Martinez   
Tuesday, 24 February 2009 09:58

(Please participate in our action alert and our Facebook petition.)

DEA agents raided four medical marijuana dispensaries in the Los Angeles area Tuesday, hitting two in Venice, one in Marina Del Rey, and one in Playa del Rey. The raids come nearly two weeks after President Obama took office and on the same day that Eric Holder was confirmed as head of the Justice Department, the agency that oversees DEA operations. They mark the second such incident taking place under the Obama administration, the first being a January 22nd raid of a medical marijuana dispensary in South Lake Tahoe.

DEA and SFPD dispensary raid, May 2008 (courtesy Bay Area IndymediaPresident Obama made repeated campaign pledges to halt the raids on dispensaries operating within California's medical marijuana laws, and by Wednesday night, White House spokesman Nick Shapiro was telling the Washington Times that the raids would end once new DOJ officials are appointed.

"The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind," Shapiro said.

The raids came a day before the National Organization for the Reform of Marijuana Laws (NORML) announced it had commissioned a poll by Zogby International that found overwhelming support for ending the DEA raids. The poll asked the question: "During the presidential campaign, Barack Obama said he would stop federal raids against medical marijuana providers in the 13 states where medical marijuana has become legal. Should President Obama keep his word to end such raids?"

More than two-to-one in all geographic, demographic, and political groups answered "yes." Overall, 72% of respondents said stop the raids.

No one was arrested in Tuesday's raids, but as is typically the case, DEA agents broke down doors and seized marijuana destined for patients as well as cash and computers. Several dispensary operators told California activist organizations that agents acted even more aggressively than usual.

"Those raids were little more than piracy," said Dale Gieringer, head of California NORML. "The conduct of the agents was unprofessional and vindictive. They call them 'investigations,' but they just go in there and steal medicine and money and smash things."

Gieringer cited reports he had received that DEA agents destroyed surveillance cameras at at least one location, possibly destroyed a computer hard drive at another, and took bags of cash without counting it or providing a receipt from another.

"Whose interest does that serve?" asked Gieringer. "And not counting the cash, that's a real no-no. This whole thing needs to be investigated; it's not serving any legitimate purpose. And they picked on places that were modest, well-controlled, legal under state law, and no trouble to anybody. That's pretty scummy."

Drug War Chronicle contacted all four dispensaries hit by the DEA Tuesday, but in each case, either no one was available or no one was willing to talk about the raids. Nor did Los Angeles DEA spokesperson Sarah Pullen, who usually talks to the Chronicle, respond to repeated requests for comment.

Pullen did talk to the Los Angeles Times, but she didn't have much to say. "I can't get into details as to the probable cause behind the warrants except for the fact that they're dealing with marijuana, which is illegal under federal law," she said.

But Kris Hermes, a spokesman for Americans for Safe Access (ASA), said allegations of DEA misconduct during raids are nothing new. "We have received repeated reports of DEA agents not counting cash or providing receipts, as well as instances of agents damaging surveillance cameras placed in facilities to record what is going on inside and outside," he said. "A few months ago in Long Beach, while the federal agents were smashing video cameras, other cameras were recording them doing so and sending the images to an off-site server, so, in this case, at least, we have video evidence of them doing just what they are again accused of."

Hermes also noted that even without the extracurricular activities, the DEA raids on dispensaries are heavy-handed and thuggish. "If you look at them smashing doors and windows and leveling any property in a facilty, that's pretty routine, and has been happening for the past couple of years," he said. "They go in with paramilitary gear, with flak jackets, automatic weapons, sometimes even wearing ski masks, destroy what's inside, and take medicine, money, computers, and patient records, and trash the place."

"This is upsetting," said Bruce Mirken, San Francisco-based communications director for the Marijuana Policy Project. "It's impossible to know at this point how high up this was authorized or whether it was Bush holdovers still doing what they've been doing, but candidate Obama made a promise on this, and it's time for him to keep it," he declared Wednesday, prior to the White House response appearing in the media.

"That should mean it's time for a major housecleaning at DEA, and that's the right thing to do, not only morally, but also politically," Mirken said. "California voted for Obama, as did 11 of the 13 medical marijuana states, including traditionally Republican states like Colorado, Nevada, and New Mexico that flipped into the Obama column in the November elections. And medical marijuana outpolled Obama in Michigan. There is no downside for Obama in doing the right thing."

Mirken was singing a significantly happier tune by Thursday morning. "The White House comments last night are very significant," he said. "This is a historic break with 13 years of federal policy since Proposition 215 passed in 1996. The simple decision that federal resources should not be used to undermine state medical marijuana laws is a fundamental change from the policies pursued not only by Bush, but also by Clinton," he said.

"A lot will depend, of course, on the follow-through," Mirken continued, "but this is a clear signal to the folks at DEA that the game has changed. Now, we will have to see what happens next, both with ensuring that the raids actually stop, and more broadly, that the Obama administration adopts the general theme about respecting science and basing policy on facts rather than ideology. This, I think, marks the beginning of the end of a tragic and stupid federal policy, and all I can say is thank god."

During the long-lived presidential campaign, then-Senator Obama stated in August 2007 that he "would not have the Justice Department prosecuting and raiding medical marijuana users... It's not a good use of our resources." In March 2008, he reiterated that: "I'm not going to be using Justice Department resources to try to circumvent state laws on this issue."

Two months after that, an Obama spokesperson told the San Francisco Chronicle: "Voters and legislators in the states -- from California to Nevada to Maine -- have decided to provide their residents suffering from chronic diseases and serious illnesses like AIDS and cancer with medical marijuana to relieve their pain and suffering. Obama supports the rights of states and local governments to make this choice."

Not surprisingly, ASA, the country's largest medical marijuana advocacy group, jumped in with calls for President Obama and Attorney General Holder to turn promises into policy. "As the new Attorney General, one of Eric Holder's top priorities should be to end these harmful raids on state-sanctioned medical marijuana providers," said ASA director of government affairs Caren Woodson. "And, until a new head of the DEA is confirmed, Holder has a responsibility to cease the existing policy being carried out by Bush Administration officials. Attorney General Holder has the ability to halt this harmful and outdated policy," said Woodson. "And he should do so immediately."

Other drug policy groups joined the chorus as well. "When President Bush was on the campaign trail in 2000 he promised not to interfere in state medical marijuana laws, but that turned out to be a lie as the DEA proceeded to terrorize medical marijuana patients and providers by raiding dozens of dispensaries across California," said Stephen Gutwillig, California director of the Drug Policy Alliance (DPA). "President Obama said on the campaign trail that these raids would end under his administration and millions believed him. We hope these recent raids don't represent official administration policy and that Obama will order federal agencies in no uncertain terms to stop harassing medical marijuana patients and providers in California."

"President Obama needs to show federal agencies who is boss," said DPA national affairs director Bill Piper. "If he doesn't put a halt to these raids, the DEA will continue to undermine his campaign promises."

By Thursday morning, ASA was tentatively congratulating the White House for its reiteration of those campaign pledges. "More than 72 million people live in a state that has enacted laws that authorize the limited use and distribution of cannabis for therapeutic use," Woodson said. "The White House's comments have provided patients and their loved ones a sense of relief, and we hope the President and our Attorney General will keep this pledge in mind when considering appointments to the DEA and Office of National Drug Control Policy."

Perhaps, finally, a new day is dawning when it comes to the federal government's stance on medical marijuana. But the weeks and month to come are what will tell.

Last Updated on Wednesday, 25 February 2009 19:40
 
Mainstream Media Looks At Marijuana Prohibition PDF Print E-mail
Written by Tiny Martinez   
Sunday, 11 January 2009 16:39
Fri, 09 Jan 2009 15:43:40  By: Allen St. Pierre, NORML Executive Director

Fire Up The Digital Recorders! January Is ‘Marijuana’ Month On The Groove Tube

As if this month was not busy enough with the arrival of Barack Obama to the White House and an ever-growing popular buzz about the need for cannabis law reform all over the media and internet, three major MSM outlets are scheduled to broadcast prime time specials examining aspects of cannabis prohibition.

On Friday, January 16, the venerable NBC news show Dateline has scheduled an hour-long profile of the tragic death of Florida college student Rachel Hoffman. Ms. Hoffman was arrested with cannabis and unfortunately trusted local police to become an undercover informant, which ultimately led to her murder. Her shocking death has forced Florida law enforcement to re-examine the use of confidential informants in drug cases and raised the question publicly about decriminalizing cannabis for adult use.

ABC 20/20 correspondent John Stossel’s investigative unit is going to cast its usually critical eye at government overreach and wasteful spending, this time specifically towards the noted case of medical cannabis provider Charles Lynch. By all media accounts and advanced in his legal defense, Mr. Lynch was operating a ‘Main Street’ medical cannabis dispensary in Santa Barbara, California in compliance with local and state medical cannabis laws. However, the federal government continues to selectively arrest and prosecute medical cannabis providers under federal laws. Mr. Lynch’s appeal for a new trial has been rejected and he now potentially faces a mandatory five-year sentence at an upcoming sentencing hearing. Depending on the editing process, the story will likely broadcast either Friday the 9th or 16th @ 10PM (eastern).

Business network CNBC has produced an one-hour special called Marijuana, Inc. to premiere at 9 pm (eastern), January 22. Fascinated by the multi-billion untaxed, unregulated cannabis business in the United States, notably on the west coast, producers fanned out to interview cultivators, medical cannabis dispensary owners, middle-class cannabis consumers and of course law enforcement.

Last Updated on Thursday, 15 January 2009 17:13
 
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