For Immediate Release: October 27th, 2011
Patient Advocates Sue Obama Justice Department Over Medical Marijuana Crackdown
Lawsuit uses 10th amendment to challenge federal overreaching and commandeering of state law
San Francisco, CA -- Americans for Safe Access (ASA), the
country's largest medical marijuana advocacy organization, filed
suit in federal court today challenging the Obama Administration's
attempt to subvert local and state medical marijuana laws in
California. ASA argues in its lawsuit that the Obama Justice
Department (DOJ) has "instituted a policy to dismantle the medical
marijuana laws of the State of California and to coerce its
municipalities to pass bans on medical marijuana dispensaries." The
DOJ policy has involved aggressive SWAT-style raids, criminal
prosecutions of medical marijuana patients and providers and threats
to local officials for merely implementing state law.
"Although the Obama Administration is entitled to enforce federal
marijuana laws, the Tenth Amendment forbids it from using coercive
tactics to commandeer the law-making functions of the State," said
ASA Chief Counsel Joe Elford, who filed the lawsuit today in San
Francisco's federal District Court. "This case is aimed at restoring
California's sovereign and constitutional right to establish its own
public health laws based on this country's federalist principles."
The ASA lawsuit, which seeks declaratory and injunctive relief, was
filed on behalf of its 20,000 members in California who are directly
and adversely affected by the DOJ actions.
On October 7th, California's four U.S. Attorneys announced in a
highly unusual joint press conference that the DOJ would be engaging
in a multi-pronged attack on the State's medical marijuana laws
involving enforcement action against State-compliant producers and
distributors as well as threatening their landlords with criminal
prosecution and civil asset forfeiture. In addition, the same U.S.
Attorneys have been sending threatening letters to several
municipalities across the state in an attempt to undermine the
passage of local medical marijuana regulations.
- On July 1st, the U.S. Attorney's Office for the Eastern
District of California sent a letter to Chico Mayor Ann Schwab
stating that the city's proposed ordinance regulating medical
marijuana dispensaries would violate federal law. U.S. Attorney
Benjamin Wagner also warned Chico's City Attorney, City Manager,
and Police Chief that council members and staff could face
federal prosecution for its attempts to implement such a law. As
a result, the Chico City Council voted on August 2nd to rescind
its medical marijuana dispensary ordinance.
- On August 15th, the Eureka City Council received a letter from
the U.S. Attorney for the Northern District of California
threatening that its regulation of medical marijuana
dispensaries violates federal law. Similar to the letter sent to
Chico, the Eureka letter stated that the city's publicly vetted
licensing scheme "threatens the federal government’s efforts to
regulate, the possession, manufacturing, and trafficking of
controlled substances." The letter added that, "If the City of
Eureka were to proceed, this office would consider injunctive
actions, civil fines, criminal prosecution, and the forfeiture
of any property used to facilitate a violation of [federal
law]." Because of these threats, the City of Eureka has
suspended implementation of its local ordinance.
The federal actions announced on October 7th by U.S. Attorneys have
also derailed the regulatory efforts of local governments in Arcata,
El Centro, Sacramento and other municipalities across the state.
Less than a week after the DOJ press conference, the Drug
Enforcement Administration (DEA) conducted an early morning raid on
October 13th at Northstone Organics, a fully-licensed cultivation
collective in Mendocino County. The DEA handcuffed the collective's
founder and his wife and cut down all 99 plants, which were each
zip-tied and registered with the Sheriff's Department. Mendocino has
one of the most tightly controlled cultivation ordinances in the
state.
Several local and state officials have publicly blasted the Obama
Administration's tactics. In a recent statement, Mendocino County
Supervisor John McCowen called the DEA raid on Northstone
"outrageous," and said "The elimination of dispensaries that operate
legally and openly will endanger patients and the public." Last
week, the co-author of California's Medical Marijuana Program Act,
State Senator Mark Leno "urge[d] the federal government to stand
down in it massive attack on medical marijuana dispensaries." On
October 21st, State Attorney General Kamala Harris issued a
statement renouncing the federal government’s tactics, claiming that
"an overly broad federal enforcement campaign will make it more
difficult for legitimate patients to access physician-recommended
medicine," and urging "federal authorities in the state to adhere to
the [DOJ's] stated policy" of allowing California to implement its
medical marijuana laws without federal interference.
Although the lawsuit accuses the Obama Administration of
commandeering California's legislative function and interfering with
local laws meant to distinguish between medical and non-medical use,
it does not challenge the federal government's authority to adopt
and enforce federal marijuana laws. The lawsuit states that, "It is,
rather, the...misuse of the government's Commerce Clause powers,
designed to deprive the State of its sovereign ability to chart a
separate course, that forms the basis of plaintiffs' claims."
Further information:
ASA lawsuit filed today:
http://AmericansForSafeAccess.org/downloads/ASA_v_Holder.pdf
U.S. Attorney letter threatening Chico officials:
http://AmericansForSafeAccess.org/downloads/DOJ_Threat_Letter_CA_Chico.pdf
U.S. Attorney letter threatening Eureka officials:
http://AmericansForSafeAccess.org/downloads/DOJ_Threat_Letter_CA_Eureka.pdf
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