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This week: Oregon will vote on legalization, a new study on cannabis use and MS, and the LA City Council moves to ban medical marijuana dispensaries citywide.
Also, check out RAND Corporations presentation entitled “Should Marijuana Be Legalized?” which was presented on Capitol Hill this month. While NORML disagrees on many of the points made, RAND’s views make for a very interesting discussion.
Feds Target Harborside Health Center — California’s Largest, Most Prominent Medical Cannabis DispensaryJuly 12, 2012
Many of California’s most prominent and well-respected medical cannabis dispensaries and related facilities — including Oaksterdam University, Berkeley Patients Group, and Harborside Health Center (HHC) — flourished under the George W. Bush administration. But they’ll be lucky to survive President Barack Obama’s first term.
On Tuesday, federal prosecutors targeted Harborside Health Center in Oakland, as well as its sister facility in San Jose, for closure and civil asset forfeiture. In court papers filed by the US Attorney for the northern district of California, Melinda Haag, the federal government alleges that Harborside is “operating in violation of federal law” by providing cannabis to state-qualified patients.
The actions taken by the US Department of Justice stand in sharp contrast statements made by President Obama prior to his election, when he pledged to no longer use federal “Justice Department resources to try to circumvent state laws” regulating the physician authorized use and distribution of medical cannabis — a promise this administration has repeatedly broken. The actions also contradict more recent statements made by US Attorney Eric Holder to Congress in June when he asserted that Justice officials are solely targeting individuals who are “taking advantage of those state laws and going beyond what those states have authorized.”
Yet despite Eric Holder and the President’s claims to the contrary, the DOJ’s actions against Harborside are consistent with a growing trend by the Obama administration to target and close many of the state’s most prominent, longstanding, and well-respected medical cannabis operations — including the Marin Alliance for Medical Marijuana (1996-2011), Berkeley Patients Group (2000-2012), and El Camino Wellness (2008-2012).
In April, approximately 100 federal agents raided Oaksterdam University, a brick-and-mortar cannabis trade school in downtown Oakland, and several other properties rented by the facility’s founder Richard Lee. (To date, no criminal charges have been filed against Lee and O.U. has since re-opened.) Internal e-mails from the Oakland Police Department, made public earlier this week, reveal that local law enforcement officials had virtually no advance notice of the federal government’s actions against Oaksterdam, which they criticized as “resource-draining; … [it] exposed our staff to more conflict (harm) as well as complaints than necessary.”
Commenting on this week’s action, US Attorney Melinda Haag pronounced:
“This office has used its limited resources to address those marijuana dispensaries that operate close to schools, parks and playgrounds. As I have said in the past, this is a non-exclusive list of factors relevant to whether we should commence civil forfeiture actions against marijuana properties, and circumstances may require us to address other situations.
I now find the need to consider actions regarding marijuana superstores such as Harborside. The larger the operation, the greater the likelihood that there will be abuse of the state’s medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need.
The filing of the civil forfeiture complaints against the two Harborside properties is part of our measured effort to address the proliferation of illegal marijuana businesses in the Northern District of California.”
However, in contrast to Haag’s public statement, the federal complaint filed Sunday cites no alleged violations of state law, instead claiming that HHC’s actions violate the federal US Controlled Substances Act.
Speaking at a press conference today (Watch a recording of it here.)– Steve DeAngelo, Executive Director of Harborside Health Center — rebuffed Haag’s claims, stating that HHC is neither close to a school, nor out of compliance with state law. “Harborside has nothing to hide or be ashamed of,” DeAngelo said in a prepared statement. “We will contest the DOJ action openly and in public, and through all legal means at our disposal. We look forward to our day in court, and are confident that justice is on our side.”
Harborside Health Center is licensed by the city of Oakland. It employs over 100 people and is Oakland’s second largest retail tax payer. Last year, HHC paid combined taxes in excess of $3 million, over a million dollars of which went directly to the City of Oakland.
According to a post on the facility’s website, Harborside Health Center intends to remain open despite federal threats. It states: “Harborside is not in imminent danger of closing. We intend to keep the commitment we made six years ago to provide our patients with safe access to the medicine their doctors have recommended, for as long as we possibly can.”
The US Attorney’s actions come the same week that former US House Speaker, Democrat Nancy Pelosi called on Congress to reform federal marijuana laws to acknowledge the plant’s therapeutic utility. Representative Pelosi had previously criticized the Obama administration’s actions this past May, stating, “I have strong concerns about the recent actions by the federal government that threaten the safe access of medicinal marijuana to alleviate the suffering of patients in California, and undermine a policy that has been in place under which the federal government did not pursue individuals whose actions complied with state laws providing for medicinal marijuana.”
Harborside Health Center estimates that it serves over 100,000 members. The facility had previously been engaged in litigation with the Internal Revenue Service, which determined that the dispensary could not deduct standard business expenses such as payroll and rent, because it is involved in what the agency terms “the trafficking of controlled substances.”
Reefer Madness in America: Another Arrest Statistic Speaks To The Horror and Waste of Cannabis ProhibitionJune 26, 2012
At NORML, we’re always a little hesitant to broadly publicize the plights of what are hundreds of thousands of victims annually of Cannabis Prohibition laws. NORML’s snail mail overflows daily with letters and pleas of help from our brothers and sisters incarcerated on cannabis-only related offenses and while the organization replies to all with 1) support and encouragement for them to keep persevering, 2) affirming to them that America’s cannabis laws are overly harsh and punitive, and 3) that their legal plight is recognized and, in turn, fodder to help educate the public, media and elected policymakers on the crucial need to immediately and forever end Cannabis Prohibition in America.
Below is an email I received yesterday from a mother traveling from California to Texas, who, unfortunately chose a travel route that exposed her to a federal government law enforcement checkpoint on the highway that resulted in her arrest, detention and now prosecution for possessing a small amount of medical cannabis (specifically hash). These very legally questionable federal roadblocks are done under the guise of ‘immigration control’ ensnare thousands of cannabis consumers annually on nothing but minor possession charges.
Fortunately, she was able to make bail and post a bond, otherwise, she would still be in the local jail…and self-evidently would not be reaching out online for assistance and guidance.
The account below is an unedited first person description of what they experienced, witnessed and heard when they became one of America’s approximate 820,000 annual arrests for a minor cannabis-related charge.
My personal reply follows…
Please join and support NORML and local NORML chapters to help reform our country’s antiquated cannabis laws and to provide help and support to the victims of this long-suffering and wasteful public policy.
I just wanted to make you aware of an encounter I had with Border Patrol in TX and Hudspeth County Jail. It’s sort of a very rough account of my dealings. I’m being charged with a third degree felony for PCOS of hashish. I’m a CA resident and not that is matters, I have a dr’s recommendation for the state of CA.
On Tuesday June 12th I was on my way to pick up my son from Fort Worth, TX. He had been visiting with his grandparents the past 3 weeks. Heading around the bend of a mountain about 200 or so miles into Texas I spotted a permanent border patrol checkpoint. As soon as you turn the corner there are cameras pointed at your car, dogs walking up and down, and men with the border patrol stalking you.
As soon as I reached the front of the line they were alerted to my vehicle. I was asked to step out of my car and to grab my driver’s license after being asked if I’ve ever traveled through Texas before. The men and dogs tore through my vehicle as I was questioned and informed that I was under arrest for “narcotics.”
They took me into the border patrol building, without handcuffing. They filled out some paperwork and about an hour and a half after I was arrested I was read my miranda rights. I was thrown into a cage in the building and left to sit for about 7 hours. I was told a few times that the sheriff was on his way to pick me up.
The sheriff then took me away from the room I had been held in, asked me if that was my car parked out there, which I replied “yes,” and then I was put in the passenger seat of his car, again without handcuffs. The 5 minute drive seemed like eternity. Being in the mercy of this man with guns whose car smelled of burnt cannabis and hashish. I felt the corruption as soon as I sat in his car. I looked over at the time, it was about 10:30 pm.
When we arrived to the jail we both stepped out of the car and walked in. I was told to dress and give them my personal belongings that I had on me: cell phone, id, and $21. While I was dressing I over heard a woman night guard speak to the sheriff, “We’ve been getting a ton of phone calls for her and it’s been annoying. We should throw her into solitary.” The sheriff and others laughed. I couldn’t tell if he had agreed until I was indeed thrown into a cage marked as solitary.
I looked around the filthy room, full of used feminine products, hair, dirt, and all sorts of debris. The room was lacking a bed roll, toilet paper, a blanket, and a cup. I asked several times to be provided with these items as I had been awake since 4 am that day and was extremely exhausted. Everytime I was met with the same thing, “when we get you booked.” What seemed like a few hours later I begged for toilet paper and a cup. After another hour of so I was provided with toilet paper and a cup filled with ice that I thought must have come from the male urinal. The next few hours I attempted to sleep on the metal bed frame with the toilet paper under my neck for support. I was shivering from the cold cell and lack of clothing.
A few hours after falling asleep I was woken up with a yell, “hey, get up.” I was then booked into the jail. I looked over at the digital clock in the room the guards were in: 3:45 am. A few more snide remarks were made about the phone calls as they asked me questions, took my hand prints, picture, and I filled out paperwork with them. One of the forms I filled out stated it was an acknowledgement that I received my bedroll, toilet paper, cup, spoon, blanket, etc. When I told the man those were items I hadn’t received yet, he said that I would obtain them when I reached my cell block.
After I was booked, I was taken to the cell block. Provided with a mattress, blanket, cup and spoon. I took the toilet paper from solitary.
The next day I asked every few hours when I was to be arraigned. I was told between 9am and 1pm. The female guard had told me it would more likely be around 1pm because the magistrate shows up later than sooner, usually.
1pm comes and goes. I get anxious and start asking the guards every 30 minutes when I was going to be arraigned. I kept getting told it would be a bit longer. It was about 3pm that I was arraigned by the magistrate. She had made a comment when she heard about the phone calls from my friends that she should have held me for 72 hours before seeing me. I told her, “My friends don’t like when peaceful people are caged.” She didn’t reply.
I immediately called my husband and asked him to bail me out. I had been away from my son for 3 weeks and I was afraid of any further mistreatment. My bailiff showed up around 4 pm and paid the bail. I kept asking when I was going to be released and was ignored for 2 hours. I find out after that, the reason for their delay, my clothing had been lost. I was furious and couldn’t stop sobbing. I was released about 7:30 pm to my bailiff when my clothing finally showed up. She took me to a motel room and I slept for the night after a hot shower.
As of this date, I have not received any more information regarding a court date. I’m unprepared financially and with knowledge to fight this. Any help you can provide would be great, even if it’s spreading the story about my horrible treatment over a healing plant.
Thanks for your email, though I’m sorry to read of the circumstances that precipitate your communication.
Indeed, every 38 seconds in America, a cannabis consumer is arrested (850,000/year…90% for possession only). I’m not entirely sure post-arrest what practical help NORML can be as 1) you’re correct that a recommendation for medical cannabis use from CA holds no legal sway in TX, 2) there are thousands of drivers/passengers a year harassed/arrested by law enforcement checkpoints in CA, AZ, NM and TX (the ones in TX have nabbed Willie Nelson and other celebrities too), 3) It is not clear what if any legal defense one can employ to challenge the search as, for the most part, these searches are deemed legally conducted by local and regional judges (and the dogs’ smell abilities are not much in question).
NORML has a few dozen members who’re also lawyers in TX…and you might want to contact one or more of them to inquire 1) what if any possible legal challenges are availed to you and 2) if there is no viable and/or cost effective way to challenge the search in court, then to try to mitigate the possible negative legal outcomes as much as possible is probably the best course (ie, plea bargain, drug court, etc….).
Also, you might want to be in touch with NORML chapters in TX too:
I’ve CCd NORML’s Legal Counsel to see if he has any further ideas or suggestions.
Your writing about a terrible event that has happened to you during this period of Cannabis Prohibition in TX is extremely well written and articulate. Thank you again for sharing what has happened to you, which only affirms the need for law reform groups like NORML to succeed in ending Cannabis Prohibition. And, please be in touch with local NORML chapters and lawyers in TX to maximize your information base, so that you and your family make the most prudent decision to get this Prohibition-related nightmare behind you…and to look to a future where you too help change these misguided laws as a genuine stakeholder.
Allen St. Pierre
Member, Board of Directors
NORML / NORML Foundation
1600 K St., NW
Washington, D.C. 20006
Michael Sherer at Time Magazine has posted online today a particularly astute examination of the Obama administration’s flip-flop on marijuana policy. Below are some key excerpts. Michael’s full article appears in the newsstand edition of Time.
[T]he Obama Administration is cracking down on medical marijuana dispensaries and growers just as harshly as the Administration of George W. Bush did. In 2011, the Department of Justice revised its guidance to U.S. Attorneys, allowing them to target any medical marijuana activity except for ill patients and their immediate caregivers. The Drug Enforcement Administration has made it clear that “medical marijuana is not medicine,” and even called it a “mortal danger.” … In many states, U.S. Attorneys have advised state and local officials to back away from plans to create rules and regulations that would codify the medical pot industry, in some cases raising the possibility that lawmakers could be prosecuted for promoting drug use that is legal under state law.
… Over the last few weeks, I have talked with nearly a dozen people in the medical marijuana business, three U.S. Attorneys, White House officials and local officials who oppose the federal crackdown for a story that will appear in this week’s newsstand issue of TIME. The answer on the ground is, predictably, far more complicated than either medical marijuana advocates or the Obama Administration is willing to describe. And it all comes down to this: Despite Obama’s promises during the 2008 campaign, federal prosecutors have lost faith in the ability of state and local officials to control a booming commercial industry for a drug that is still illegal to grow, possess or sell under federal law. As a result, a once broad exemption from prosecution for medical marijuana providers in state where it’s legal has been narrowed to a tiny one. … [T]he nation is left with an uneasy status quo: The federal government is not trying to eliminate medical marijuana altogether, but it has decided that it cannot stand for the commercialization or large scale production of marijuana for the stated purpose of helping the sick, even when that production is technically within the bounds of state law.
…[I]n a different world, the federal government might work with state and local officials to more tightly regulate the growing of marijuana for medical purposes. But since pot is illegal under all circumstances under federal law, the opposite has been happening. Attempts, particularly in California, to more tightly regulate and thereby provide greater legal protection for the drug, have been shut down by the federal government.
And so, medical marijuana is left in a no man’s land. Individual sick users are safe from prosecution, but they are likely to find it harder in the coming months to get the drug. Growers and dispensers are not protected by state law from federal prosecution, especially if they become large enough to get noticed by federal investigators. And the likely result is that more of the medical marijuana industry will be pushed underground in the coming years, making it more difficult for local officials to track the business. This arguably will only increase some criminal activity, as large amounts of money and a very profitable commodity move through the system by way of small-time dealers working without sophisticated security systems.
…“What this really screams for a cohesive national policy.”
But there is no such policy on the horizon. Obama has shown little interest in elevating the issue. Some in federal law enforcement–and at the Office of National Drug Control Policy–hope that the advent of new pharmaceutical replacements for grown medical marijuana, like the Canadian drug Sativex, [Editor's note: Sativex is a British drug, not a Canadian manufactured product -- though it is legal by prescription in Canada.] will make the entire issue moot in the coming decade. But that looks unlikely in the short term, given the lack of concern among the general public with medical marijuana. A 2010 poll by the Pew Center for the People and the Press found that 73% say they favor “their state allowing the sale and use of marijuana for medical purposes if it is prescribed by a doctor.”
In other words, don’t hold your breath for clarity anytime soon. The haze is here to stay.