Feds on New Medical Marijuana Offensive

Rally in Sacramento Monday for Dr. Mollie Fry and Dale Schafer. Threatening letters from US attorneys have been sent to officials in Arizona, California, Colorado, Hawaii, Montana, Rhode Island, and Washington. The first was in February in California; the latest came this week in Arizona.

What is worse is that the interventions by the US attorneys appear deliberately timed to intimidate elected officials as they consider regulating medical marijuana dispensaries -- and it seems to be working. Last week, Washington Gov. Chris Gregoire vetoed a bill that would have created a regulated dispensary system after requesting and receiving a threatening letter from her state's two US attorneys. This week, Rhode Island Gov. Lincoln Chafee "placed a hold" on dispensaries about to open there after receiving an unsolicited threatening letter from the US attorney.

Earlier, as Montana legislators debated whether to regulate and allow dispensaries there, the feds hit them with a one-two punch of DEA raids and a US attorney letter. While Gov. Brian Schweitzer vetoed a bill that would have repealed the state's medical marijuana law, all indications are that he will not veto a bill that will effectively kill dispensaries in Big Sky Country. And in Hawaii, legislators backed away from a dispensary bill after receiving similar threats.

The medical marijuana community has responded with protests -- there were actions in cities across the country on Monday -- but appears uncertain about what to do next. There are calls to reschedule marijuana, including one by Washington Gov. Gregoire, there are calls for the Obama administration or Congress to do something, and there are calls on state elected and appointed officials to stand firm in the face of federal bullying.

A group of Washington state legislators has also responded by sending a letter asking the state's Attorney General for his legal opinion on the law. The 15 legislators, all Democrats, led by Rep. Roger Goodman (Kirkland), asked Attorney General Rob McKenna if state employees had anything to fear from federal law enforcement if the vetoed state licensing provisions of the bill were revived, according to the Kitsap Sun.

A cannabis rescheduling petition to change marijuana's status under the Controlled Substances Act has been pending since 2002. Perhaps if Gregoire can rally other governors behind her, they can light a fire under the feds.



Rally in Washington, DC Monday to demand an end to federal interfence. (Image courtesy ASA) In the meantime, the raids continue. The DEA hit a San Diego dispensary Tuesday.

"This turn of events with the US attorneys is troublesome and reactionary," said Dale Gieringer, the long-time head of California NORML, who had just returned from a Sacramento rally in support of Dr. Mollie Fry and her companion, Dale Schafer, who had that day begun serving five-year federal prison sentences for medical marijuana cultivation. "It makes your head spin about that Obama policy of low enforcement, but Obama never said he supports states having access, and the US attorneys have taken matters into their own hands. This is certainly disappointing."

"It's very disconcerting and alarming that the federal government is deciding to deal with the medical marijuana issue this way," said Kris Hermes, a spokesman for Americans for Safe Access (ASA), the nation's largest medical marijuana defense organization. "We had been seeing progress, with states passing distribution laws, others amending their laws to include distribution, and others passing new laws to incorporate distribution into the laws they passed. It's very unsettling that the federal government is choosing to interfere in the implementation of those laws and restrict the access that patients could benefit from or are benefiting from."

ASA recently gave the Obama administration a failing grade on its approach to medical marijuana. That report card cited continuing law enforcement actions against medical marijuana providers. It is unclear whether the recent US attorney letters represent a policy shift at the Justice Department or whether individual prosecutors are taking the initiative. The Justice Department did not respond to a Chronicle call for clarification. Still, it is clear that the federal prosecutors are on a mission.

"When the Rhode Island US attorney made the threat he did, without being asked, that signified that this is more than just a defensive policy, it is an aggressive policy on the part of the US attorneys to keep medical marijuana illegal," said Gieringer.

"We'd like to know what's going on," said Hermes. "The federal government is showing its cards now. This is drawing attention to the fact that it didn't necessarily mean what it said when it said it wouldn't use Department of Justice resources to circumvent state laws. It certainly seems like there is a concerted effort in the background, but no one has come out from Justice and said that. Justice has refused to meet with patient advocates since this increased interference in the past few months, and they need to address this community and this issue. They can't say one thing in a policy statement and do the exact opposite. The spotlight is on the president at this point."

"The federal government has totally ignored us on all fronts," said Geiringer, "but we're just going to have to keep insisting that we be heard. I would like to see somebody in Congress question this on the record. It never gets mentioned in congressional hearings when DEA officials are up there; it's just totally ignored."

"The timing of these memos really smacks of intimidation and interference," said Morgan Fox, communications director for the Marijuana Policy Project (MPP). "Our advice for lawmakers is to stand their ground and do what's best for their states, particularly when it comes to the feds prosecuting state employees involved in registries. There has never been a prosecution; it doesn’t rise to the level of aiding and abetting."

"They've never moved against any public official for this stuff anywhere, so I think this is an empty threat," agreed Gieringer, "but public officials being what they are, they are easily cowed."

Elected and appointed officials at the state level need to stand firm against the federal threats, said Fox. "The US attorney memos are frightening and starting to get more severe in tone, but all we need to do is have the states considering dispensary regulation to continue moving ahead with that. I don't think the feds are going to push this too much. They don't have the resources, and it would be a policy disaster for the administration."

If the threats to go after state officials are over-hyped, the dangers to dispensary operators are not. One was convicted in Spokane as legislators deliberated, and more than a dozen were raided in Montana as the legislature took up medical marijuana bills. They are all looking at lengthy federal prison sentences if prosecuted and convicted.



Patients rally across the country for medical marijuana. (Image courtesy ASA)"It's not lawmakers who will be looking at five-year federal prison sentences, but dispensary operators. They have to make personal decisions about whether they want to take that risk. Opening dispensaries is not just a way to provide safe access for patients, but also an act of civil disobedience, and you could face consequences," warned MPP's Fox.

ASA is holding training sessions for dispensary operators, said Hermes. But operators also need to continue to organize and pressure their elected representatives, he said.

But if the feds are standing firm, so is the medical marijuana movement. ASA, MPP, and California NORML all pledged to continue the fight.

"This is the federal government's last shot to try to prevent something that is working well in the US and will continue to work as long as the federal government stays out of the business of implementing state laws," said Hermes. "More than that, the federal government should be working with states to design a comprehensive federal policy that includes disengagement from enforcement and investment in research and rescheduling marijuana so that patients are protected wherever they live."

"We will continue to try to shine a light on this absurd and obscene misuse of law enforcement," said Gieringer, again pointing to the case of Dr. Fry and Dale Schafer. "Dale is on anti-hemophilia drugs with one treatment costing $10,000. He's also on morphine. And they're sending him to prison for five years? That's just crazy, but the machine just keeps going."

"We are just on the cusp of being legitimate and are now being beat back," said Fox. "We have to hold our ground."

City attorney sues medical marijuana dispensaries

The city plans to ask a judge for injunctions to bar the pot shops from storing, selling, distributing or giving away marijuana. It could also seek fines of up to $2,500 a day, as well as a $25,000 fine for violating state narcotics laws. The lawsuits, which name the store and building owners, also aim to force the landlords to oust their tenants.

“The city of Los Angeles is sending a clear message that we will no longer allow property owners to turn a blind eye to illegal activity,” City Atty. Carmen Trutanich said in a statement.

Trutanich’s office is battling numerous lawsuits filed by dispensaries seeking to remain open. Some dispensaries are now trying to overturn the city’s revamped medical marijuana ordinance, which would cap the number of stores at 100 and allow only those that were in business on Sept. 14, 2007, when the city passed a moratorium to make it illegal to open new stores.

The dispensaries targeted by the city are: Cancare Collective, 11120 Burbank Blvd., North Hollywood; Golden Triangle Collective, 2626 S. Figueroa Blvd., University Park; Green Oasis, 11924 Jefferson Blvd., Playa Vista; Natural Ways Always, 10006½ National Blvd., Palms; Rainforest Collective, 12515 Venice Blvd., Mar Vista; The Spot, 3200 Cahuenga Blvd., Hollywood Hills; and Helping Hint, 13614-16 Victory Blvd., Valley Glen.

-- John Hoeffel

Venice pot doctors shut down after raid by state medical board and police

Investigators carted boxes and at least two large plastic bags that appeared to contain marijuana out of the deep-blue building next to Muscle Beach that houses a doctor’s office, a smoke shop and a popular dispensary called the Medical Kush Beach Club.

Jennifer Simoes, spokeswoman for the Medical Board of California, said the warrant was sealed. She declined to discuss the reason for the board’s investigation, but said the warrant was served at 1313, 1811 and 2017 Ocean Front Walk.

Attorneys for Medical Kush Doctor raced to the beach, but said they were not allowed on the premises. Graham Berry, one of the lawyers, said the warrant authorized a search of the offices, vehicles and “anything else that your imagination could run to.� He said it also allowed officials to seize records related to the unlicensed practice of medicine. “Since all these doctors appear to be duly licensed, I don’t know what they are referring to,� he said.

Berry said that the raid started about 10:15 a.m. and that by the time he arrived at 11, he found a line of patrol cars, a crowd gathered outside, news cameras and a news helicopter fluttering overhead. “Once I arrived, they pulled the sliding gate door down,� he said.

The Medical Kush Beach Club was also shut down, but Berry said, “It appeared to me that the target was the doctors and the practice of writing recommendations and the collective was a collateral casualty.� The Medical Kush Beach Club is operated by Sean Cardillo, who is also the registered agent for Kush Dr., the limited liability corporation that runs the doctor’s offices.

Cardillo could not be reached for comment.

Stewart Richlin, another attorney who represents Cardillo, said that agents seized 5 pounds of marijuana from the dispensary but that he expected it to be returned. “They involved the Medical Kush Beach Club unfairly,� he said. He added that he did not know whether any cash or equipment was seized but said no one was arrested in the raids.

Richlin said Kush Dr. rents space and provides promotional services for medical marijuana doctors. He said he believed the doctors followed state law in issuing recommendations for marijana use.

“As far as I know, it’s by the book. I’m surprised that this is happening,� he said. “I have a feeling by the time the fat lady sings on this it will be a lot of sound and fury signifying nothing.�

Simoes said the operation was conducted with the Los Angeles County district attorney’s office, the Los Angeles Police Department, the county Sheriff’s Department and the state Department of Corrections and Rehabilitation, which provided search dogs.

-- John Hoeffel


http://latimesblogs.latimes.com/lanow/2011/04/venice-pot-doctors-shut-down-after-raid-by-state-medical-board-and-police.html

U.S. attorney: Justice Department considers medical marijuana to be illegal

By CHARLES S. JOHNSON
Gazette State Bureau

Posted: Wednesday, April 20, 2011 7:59 pm



Read the letter from US Attorney for Montana Michael Cotter to lawmakers @ http://billingsgazette.com/pdf_edadcde6-02c9-576f-b39a-f99e99ee483f.html


HELENA — The U.S. Justice Department will prosecute individuals and organizations involved in the business of any illegal drug, including marijuana used for medical purposes permitted under state law, Michael W. Cotter, U.S. attorney for Montana, said in a letter to top legislative leaders Wednesday.

In another development on marijuana Wednesday, Gov. Brian Schweitzer said he is likely to make some amendatory vetoes suggesting changes to the medical marijuana bill moving through the Legislature.

Senate Bill 423, by Sen. Jeff Essmann, R-Billings, is the last surviving bill to repeal Montana's medical marijuana law and enact a new one that would impose far stricter regulations and make it much tougher for people to obtain cards to use medical marijuana.

Earlier this week, Senate President Jim Peterson, R-Buffalo, and House Speaker Mike Milburn, R-Cascade, wrote Cotter to ask for his guidance as the Montana Legislature completes work on SB423.

In 2004, Montanans voted, 62 percent to 38 percent, to legalize the use of marijuana for medical purposes. Since the fall of 2009, the number of medical marijuana cardholders has skyrocketed to nearly 30,000 last month.

Cotter said the Justice Department has not reviewed the specific legislative bill. But he said the U.S. Justice Department "has stated on many occasions that Congress placed marijuana in Schedule I of the Controlled Substances Act (CSA) and as such, growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law, regardless of state laws that purport to permit such activities."

Cotter went on to say, "The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the department."

This core priority, he said, "includes prosecution of business enterprises that unlawfully market and sell marijuana."

"While the department generally does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen consistent with applicable state law, as stated in the October 2009 Ogden Memorandum, we maintain the authority to enforce the CSA against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law," Cotter said.

Cotter added, "The department's investigative and prosecutorial resources will continue to be directed toward these objectives."

In mid-March, federal law enforcement authorities raided 26 medical marijuana growing and dispensary operations in 13 Montana cities. They said they had probable cause that these businesses were engaged in large-scale trafficking.

Cotter said then that the search warrants executed were the culmination of an "18-month, multi-agency investigation into the drug trafficking activities of criminal enterprises." He said civil seizure warrants also were executed for financial institutions in Bozeman, Helena and Kalispell that sought up to $4 million.

Regarding the bill before the Legislature, Schweitzer said he probably would have some amendments when SB423 reaches him after passing both legislative houses next week.

"They're moving to a 'grow-your-own' (marijuana system)," Schweitzer said. "It does concern me. I don't know if it will end up being 2,000 patients or 30,000 patients growing their own."

He said that would make it harder to regulate than having a smaller number of producers growing for more people.

"We have some ideas that we think will make it better," Schweitzer said.

Westlake Village bans medical pot dispensaries

Although California passed Proposition 215 in 1996 decriminalizing the use of medical marijuana, many local cities passed ordinances outlawing cannabis clubs in support of the federal government’s anti-drug stance.

Westlake Village received inquiries from business people seeking to establish marijuana clinics in the city. In 2009, the city shut down a medical marijuana business that had opened at a La Baya Drive commercial center without permission.

Officials passed a subsequent moratoriums to evaluate the impacts of dispensary bans in other jurisdictions. They also wanted to wait for the results of a 2010 state initiative that would have legalized the use of marijuana before implementing their own prohibition.

Since the initiative failed at the polls last November, a city land use committee recommended that Westlake Village enact its own ordinance to prohibit marijuana distribution facilities throughout the city. Agoura Hills has a similar ordinance banning pot dispensaries. The Westlake Village law includes the sale of synthetic marijuana products.

Before voting, Mayor Ned Davis expressed some concerns about the proposed ban because, he said, it would forbid distribution of cannabis in pharmacies and medical offices even if the state allowed those operations in the future.

Medical marijuana should be available only to patients who truly need it, Davis said, adding, “The way California allows marijuana distribution is blatantly wrong. It just doesn’t work.”

Councilmember Mark Rutherford urged Sacramento legislators to solve the problems associated with Prop. 219. “All the city is doing is trying to work with the uncertainty in the law,” he said.

Most California voters say possessing small amount of illegal drugs should be misdemeanor, not felony

April 11, 2011 | 8:20 am

http://latimesblogs.latimes.com/lanow/2011/04/voters-marijuana-use-felony-to-misdemeanor.html




A strong majority of California voters believe the penalty for possession of a small amount of an illegal drug for personal use should be reduced from a felony to a misdemeanor, according to a poll released Monday by organizations seeking to relax drug laws.

The survey conducted by a professional polling firm found that almost 75% of California voters likely to cast ballots in 2012 believe the crime should be downgraded to a misdemeanor. And 40% went even further, saying they think it should be dropped to an infraction, which is the equivalent of a speeding ticket and carries no prison time.

The poll did not define what is considered a small amount of a drug. Possession of controlled substances, such as cocaine and heroin, is a felony, although charges are sometimes reduced. Marijuana is treated separately, and possession of an ounce or less is an infraction.

A majority of voters also said California sends too many people to prison. And almost 75% agreed that in the midst of a budget crisis, the state should instead use the millions of dollars spent to imprison drug users on schools, healthcare and law enforcement.

"The point here is that this is an overwhelming majority of California voters," said Margaret Dooley-Sammuli, the deputy state director for Southern California for the Drug Policy Alliance, a national organization that supports efforts to reduce drug sentences. "Californians don't want to waste money on incarcerating people for drug possession. They'd rather see that money go for something else."

The poll was released by the Drug Policy Alliance along with the ACLU of Northern California in San Francisco and the Ella Baker Center for Human Rights in Oakland. It was designed and administered by Lake Research Partners, a Democratic polling firm.

Support for reducing drug possession penalties crosses party lines, drawing favor from substantial majorities of Democratic, Republican and nonpartisan voters. Most voters in every region of the state also back the change. Voters also indicated they are more inclined to reelect state lawmakers who vote to reduce the penalties for drug possession.

Nearly a quarter of the voters surveyed said Californians caught with a small amount of an illegal drug for personal use should not spend any time behind bars, while 27% said they should be locked up for less than three months. Just 8% suggested incarceration for a year or more.

The statewide poll surveyed 800 voters who intend to vote in the 2012 general election. They were questioned between March 21 and 24. The margin of error is plus or minus 3.5 percentage points.

The results and analysis can be viewed at www.lakeresearch.com.

-- John Hoeffel


http://latimesblogs.latimes.com/lanow/2011/04/voters-marijuana-use-felony-to-misdemeanor.html

*Five Medical Marijuana Activists Arrested Today at San Diego City Council Protest

Americans for Safe Access
For Immediate Release:*April 12, 2011

*/Patients, supporters resist passage of flawed ordinance & forced
closure of all city collectives/

in the San Diego City Council chambers protesting the final vote on a
local distribution ordinance, which advocates say imposes a citywide de
facto ban on collectives. During the hearing, members of the "Stop the
Ban Campaign" -- a coalition of over 20 local, state, and national
groups spearheaded by Canvass for a Cause and the San Diego Chapter of
Americans for Safe Access (ASA) -- repeatedly chanted "We demand safe
access," disrupting the session, forcing council to clear the chambers,
and postponing a critical vote on the ordinance.

The Stop the Ban Campaign has demanded that the City Council amend its
ordinance to include a compliance period that will avoid the immediate
closure of more than 100 facilities currently serving thousands of area
patients, and to open up available space in the city so that collectives
can actually relocate. Unfortunately, despite years of study, thoughtful
recommendations from a city-appointed task force, countless letters
received from constituents, hundreds of supporters at the last public
hearing, the City Council has so far refused to acknowledge the
recommendations of experts and the will of the people.

"The patient community in San Diego will not be deterred despite the
efforts of the City Council," said ASA San Diego Chair Eugene
Davidovich, one of the protest organizers and people arrested today.
"One way or another San Diego patients will gain safe access to their
medication, but it would be much more effective for the city to work
with us instead of fighting us at every step of the way."

Prior to the bill's first reading on March 28th, the Stop the Ban
campaign organized the largest letter-writing campaign in the city's
history, during which San Diego residents wrote in opposition to the
ordinance, requesting the passage of specific amendments. The ordinance
was also opposed by the Chair and Vice-Chair of the City's Medical
Marijuana Task Force. Left with little option, activists chose
nonviolent civil disobedience to protest the council's decision to
ignore years of citizen and expert input into the development of
regulations.

Advocates are now targeting San Diego Mayor Jerry Sanders, urging him to
reject the bill and tell the City Council to come back with a version
that reflects the community's input. While litigation is likely to
result from the passage of the ordinance in its current form, there is
another move afoot. The San Diego chapter of ASA in collaboration with
the Stop the Ban Campaign submitted a ballot proposal to the city clerk
on Monday in an attempt to put the issue before the voters. A
little-used process involving the city's Rules Committee, could prompt a
public hearing on the proposed measure and if approved by the committee
would be sent to the council for placement on the next election's ballot.

*Further information:*
San Diego medical marijuana ordinance:
http://AmericansForSafeAccess.org/downloads/City_of_San_Diego_Ordinance.pdf
Manifesto from arrested activists:
http://AmericansForSafeAccess.org/downloads/San_Diego_Manifesto.pdf
San Diego ASA chapter website: http://SafeAccessSD.org