Pages tagged "Law Enforcement"
Jerry Duval (left) with his son Jeremy
Last month, on June 11th, Michigan medical marijuana patient Jerry Duval surrendered to federal authorities to serve a whopping 10-year prison sentence, even though he was never in violation of the state's medical marijuana law. Jerry is a kidney-pancreas transplant recipient who also suffers from heart disease and glaucoma. Nevertheless, the Obama Administration saw fit to arrest, prosecute, and imprison Jerry at a cost of more than $1 million.
This is not just a tragedy for the Duval family, though they were hit hard (as a result of the same case, Jerry's son Jeremy is serving 5 years and the Duvals lost their family farm to forfeiture), it's also an outrage that we have to foot the bill.
However, two other milestones recently occurred that give Jerry and the rest of us hope for his release sooner than planned. Before Jerry even began serving his sentence, attorney Andrew Greenlee of Brownstone filed an appeal with the U.S. Court of Appeals for the Sixth Circuit on behalf of Jerry and his son Jeremy. We'll be watching that one closely.
National Lawyers Guild Report Condemns Federal Marijuana Policy, Calls for Reclassification of Marijuana for Medical Use
The National Lawyers Guild (NLG) -- the country's oldest and largest public interest and human rights bar organization -- issued a report yesterday addressing the federal government's flawed policy on marijuana. According to its author NLG Senior Researcher Traci Yoder, High Crimes: Strategies to Further Marijuana Legalization Initiatives "analyzes the legalization process under way in the states, suggests strategies to further marijuana legalization initiatives, and highlights current obstacles to ending prohibition."
While significant attention is given to the adult use of marijuana, generally, the report recommends reframing drug use as "a social and public health issue and not a criminal justice problem," something we've been saying for years at Americans for Safe Access. High Crimes also recommends reclassifying marijuana for medical use. Citing the "[m]ounting scientific and anecdotal evidence" of marijuana's therapeutic benefits, the Guild rightly points out that "Rescheduling cannabis would allow for expanded medical research and use under international law."
The NLG report comes days after a report issued by Americans for Safe Access (ASA), detailing the social and economic costs of the federal government's war on medical marijuana. The ASA report entitled What's the Cost? is geared toward educating federal legislators on the consequences of that war, not only in terms of how it affects the prisoners, their families, and thousands of patients, but also how it impacts the average taxpayer and our federal budget.
Mayors from across the United States gathered in Las Vegas this past weekend for the 81st annual U.S. Conference of Mayors. In a watershed moment, mayors voted unanimously yesterday to adopt a resolution "in support of states setting their own marijuana policies without federal interference." The resolution was introduced in advance of the conference by San Diego Mayor Bob Filner and co-sponsored by 17 other mayors from across the country. Yesterday's passage of the resolution came just days after medical marijuana advocates issued an alarming report detailing how the Obama Justice Department has spent nearly $300 million to undermine medical marijuana laws in the U.S.
"Ultimately, this is about whether local and state governments can develop, adopt, and implement public health laws without heavy-handed interference by the federal government," said Steph Sherer, Executive Director of Americans for Safe Access, which authored "What's the Cost?" an extensive report issued earlier this month on the economic and social costs of the federal government's war on medical marijuana. "This resolution is emblematic of the frustration experienced by local and state officials, which will continue until the federal government ends its attacks on medical marijuana." More than 100 million people, or 34 percent of Americans, currently live in states with medical marijuana laws.
Did you know that the Department of Justice has already spent nearly a half a billion dollars fighting medical cannabis? Did you know that the Obama Administration spent over half of that money on medical cannabis investigations, paramilitary-style raids, prosecutions, incarceration, and civil asset forfeiture lawsuits? Most Americans do not know these things, but what is worse is that most Members of Congress don't know that either. Can you help Americans for Safe Access (ASA) let them know?
Make a donation of $50 or more to help ASA send copies of our groundbreaking new report "What is the Cost" to every Member of Congress, and we will send you your own copies to give to your Representatives in July.
56 full-color pages filled with facts about the economic and human cost of the federal attack on medical cannabis comprise this timely report. The economic arguments are persuasive, but the report also highlights the human cost of federal enforcement. "What is the Cost" contains moving profiles of the victims of federal enforcement – those who have died for lack of safe access to medicine and those who are in federal prison right now. The report ends with politically-viable solutions to end the federal attack on medical cannabis that Congress could adopt this year.
It seems that area law enforcement has not yet learned the value of working WITH the local community.
Thursday's raid on The Greener Side, a medical marijuana resource center, can hardly be considered a top priority. With law enforcement services severely cut across the state, surely there are more dangerous individuals threatening community safety than a group of medical marijuana patients.
Besides the raid in Eugene, it has been reported that after a two year investigation, up to 70 law enforcement officers were used in concurrent raids in southern Oregon.
In August of last year a woman in Josephine County called 911 as a man who had previously assaulted her was breaking into her home. The dispatcher had to tell the woman there was no one to send. The county had laid off 23 deputies because of budget cuts.
In Oregon in 2010 (according to OSP statistics) there were 1,246 reported forcible rapes - yet only 243 arrests were made. How long will Oregon voters stand for our po
lice and sheriffs kowtowing to the federal drug war bureaucracy?
How long before Oregon legislators and voters figure out the simple economics of cannabis regulation over cannabis persecution?
How long before Oregon's leaders disavows this federal lunacy and acts to PROTECT patients instead of throwing them under the Prohibition bus?
This was also published in the Registered Guard
Last week, Kal Penn, who plays Kumar in the “stoner” film franchise Harold & Kumar, spoke to Huffington Post Live about President Obama’s marijuana policies. During the April 26th interview, Penn defended recent Justice Department attacks on dispensaries in medical marijuana states like California, citing articles he read from a Google search.
Unfortunately, we cannot always rely on a pliant mainstream media -- that too often quotes Justice Department officials without any counterpoint -- to provide consistently factual information.
Take, for example, the rationale that forms the basis for the Obama Administration’s most sweeping closures of dispensaries in California, Colorado and Washington State: they’re within 1,000 feet of a school. Using threats of asset forfeiture and criminal prosecution, the Justice Department has succeeded in shuttering hundreds of dispensaries in the past couple of years.
However, if Penn had done his homework, he would have found out that in California, where well over 500 dispensaries have closed for fear of retaliation by federal drug enforcement officials, dispensaries are only required to be at least 600 feet from schools:
No medical marijuana cooperative, collective, dispensary, operator establishment, or provider who possesses, cultivates, or distributes medical marijuana pursuant to this article shall be located within a 600-foot radius of a school.
Also glossed over by Penn was the Obama Administration’s callous attitude about the impact of these dispensary closures. Each of the shuttered dispensaries provided medical marijuana to hundreds, often thousands of qualified patients who are now left with little option to find a medicine that’s legal under state law.
And, believe it or not, the dispensary operators and their landlords who are warned with letters of imminent legal action are the lucky ones. The dispensaries that are targeted with aggressive SWAT-style raids stand to lose much more. At minimum, those dispensary operators can expect seized bank accounts, computers, patient records, and other property.
However, if there are arrests, federal defendants can expect 5-10 years in prison. Over the past few months, several state-compliant dispensary operators and cultivators have been sentenced to lengthy prison terms, including California dispensary operator Aaron Sandusky (10 years), Michigan Cultivators Jeremy and Jerry Duval (5 years and 10 years, respectively), and John Marcinkewciz (5 years), as well as Montana cultivator Chris Williams (5 years). Another Montana cultivator, Richard Flor, died in federal custody last August while serving a 5-year sentence.
Indeed, Penn’s failure to understand the impact of the Obama Administration’s policies on medical marijuana is symptomatic of the lies being told to the American public and the impunity with which it’s being done. President Obama and Attorney General Eric Holder have both claimed that they are not targeting those in compliance with state law, but refuse to confront the evidence that belies such pronouncements.
It’s about time that the federal government admits that the devastating and costly effects of its enforcement policies in medical marijuana states are unnecessary and unproductive. All patients are asking for is a compassionate and even-handed policy that treats medical marijuana like a public health issue.
San Diego Assistant District Attorney (ADA) Chris Lindberg decided this week to try Jackson for a third time in as many years. Jackson, who operated the San Diego dispensary Answerdam Alternative Care Collective (AACC), was raided by a multi-agency law enforcement task force in 2008 and again in 2009. Jackson was tried the first time on possession and distribution charges, but was acquitted by a jury in 2009.
Unsatisfied with that result, ADA Lindberg, likely at the behest of San Diego District Attorney Bonnie Dumanis, tried Jackson a second time on charges levied after the 2009 raid on AACC. The second trial was not considered “double jeopardy” by the court because the prosecution was based on a different raid. During Jackson’s second trial in 2010, Lindberg prevented him from using a medical marijuana defense and, as a result, was convicted this time on the same charges of possession and distribution.
Outraged by this official persecution of a law-abiding dispensary operator and the waste of taxpayer dollars, Americans for Safe Access (ASA) appealed Jackson’s conviction in late 2011. In a unanimous landmark decision by California’s Fourth District Court of Appeal, Jackson’s conviction was overturned in October 2012. The court also held that Jackson should have been entitled to a medical marijuana defense, rejecting arguments made by both Lindberg and the Attorney General that patients must take part in the cultivation used to supply dispensaries.
Although the Attorney General decided not to appeal the 2012 ruling overturning Jackson’s conviction, in an unusual move Lindberg appealed to the California Supreme Court. Clearly disappointed by the High Court’s decision earlier this year not to review the case, Lindberg is seeking to try Jackson again. This time, however, Jackson is ensured a defense at trial.
The new trial, which has been set for May 1st in San Diego County Superior Court, is clearly a waste of taxpayer dollars in a time of fiscal crisis, but is also a futile attempt to undermine patients’ rights to safely and legally obtain their medication from storefront dispensaries.
Since the landmark appellate ruling, San Diego Mayor Bob Filner has indicated his disinterest in prosecuting state-compliant dispensary operators in the city. Mayor Filner has also promised to help pass an ordinance that would establish local dispensary regulations, thereby making Jackson’s third trial that much more superfluous, yet still injurious for Jackson.
It seems doubtful to say the least that Jackson could now be convicted by a jury. It’s long past time for law enforcement in San Diego to abandon its hostile stance toward medical marijuana and allow California law to be implemented without further interference.
Another State Appellate Court Holds That the Police Must Return Medical Marijuana That Was Seized from a Qualified Patient
As in California’s Garden Grove opinion and Oregon’s State v. Kama (Or. App. 2002), the court found that state law mandates the return of marijuana where it is shown that it is lawfully possessed under the state’s medical marijuana laws. Relying on these cases, the court held that federal law does not require a contrary outcome, since a federal immunity provision, 21 U.S.C. section 885(d), provides immunity to state and local police who lawfully administer state law relating to controlled substances. Thus, the immunity provision allows for harmony between state and federal laws. The Okun court went on to deny standing to the State of Arizona in arguing that federal law preempts state law.
Chalk up another victory to medical marijuana patients who have been harassed by the police.
After years of struggling over the issue, the Court of Appeal held that storefront dispensaries are legal under California law, so long as they operate on a not for profit basis and adhere to certain corporate forms. This decision establishes that storefront dispensaries are unquestionably legal under California law and that localities cannot continue to rely on their now-discredited view that all sales of medical marijuana are illegal in order to support their ongoing attacks on medical marijuana dispensaries.
Another important impact of the appellate court ruling is providing medical marijuana providers with a clear defense to state criminal charges. Specifically, the ruling held that in mounting a defense at trial:
Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established.
The court further held that:
[T]he collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense.
Little is known about the subpoena, other than it was issued in October to the Mendocino County Auditor-Controller's Office for records of funds paid to the county under its medical marijuana ordinance, County Code 9.31. Undoubtedly, the lack of information has to do with unwillingness by the Justice Department to come clean about its interference in the implementation of local and state medical marijuana laws. The offices of the Drug Enforcement Administration (DEA) and the U.S. Attorney could “neither confirm nor deny” that a subpoena was issued, and local officials are also not talking.
In 2010, the DEA raided the legal crop of Joy Greenfield, who was the first cultivator to register with the Sheriff’s Office, in the widely popular program that raised about $500,000 of new revenue for the county. Under the local law, which was abandoned in March after threats from the Justice Department, the Sheriff’s Office sold zip ties for $25 per plant to show that they were being grown in compliance with state law.
No arrests were made in the Greenfield raid, but all of her and her patients’ medicine was destroyed. The DEA reared its ugly head again in October 2011, with the raid of Matt Cohen’s farm, Northstone Organics. Like Greenfield, Cohen was in full compliance with the law. Sheriff Tom Allman commented at the time that, “As far as I know, Matt Cohen and Northstone Organics were following all of the state laws and local ordinances that are in place.” Matt, too, avoided arrest, but his entire crop was destroyed and he was intimidated from continuing to grow.
Escalating its effort to undermine Mendocino’s cultivation ordinance, in January the U.S. Attorney’s Office threatened to file an injunction against the program and seek legal action against county officials who supported it. However, the forced termination of the program was apparently not enough for the feds. Nearly a year later, the Justice Department now appears to be seeking private and outdated information that should be under the sole purview of local officials.
This, of course, raises a number of important questions beyond the sweeping impact of divulging private patient records to federal law enforcement.
- What are the motivations of federal officials in seeking this information?
- Who is being targeted and why?
- If the program is no longer in effect, why are these records important to the federal government?
- Shouldn’t privacy laws and the state’s Medical Marijuana Program prevent such invasive tactics by the federal government?
Regardless of how you answer these questions, the actions of the Justice Department are anything but “just” and, likely, violate the rights of California patients. Because of this, ASA intends to get to the bottom of the subpoena and take whatever actions are necessary to keep patients and their providers out of harm’s way. Our hope is that when all of this subsides, the Mendocino cultivation program will be operational once again.