It seems yet another California official refuses to recognize that state’s medical marijuana law, and instead wants to deny patients the treatment that’s recommended by their doctors and protected under state law.  Barely a week after the police chief of Redding, California sent a warning to local dispensing collectives about their defiance of federal law, a superior court judge in Fresno County today issued a two-week restraining order that temporarily shuts down all nine medical marijuana collectives that have opened in Fresno this year.

Judge Alan M. Simpson sided with city officials, who since August have been trying to shut down the collectives through a nonsensical zoning ordinance that requires the businesses to obey both state law (under which they’re legal) and federal law (under which they’re not). Such an ordinance is essentially impossible for the collectives to obey as long as medical marijuana remains illegal under federal law.

Lawyers for the collectives say they will argue at an Oct. 22 hearing that because state laws permit medical marijuana, local governments can’t use zoning ordinances to ban the collectives. Until then, medical marijuana patients in Fresno will be unable to safely or legally obtain their recommended treatment within city limits.

“The real winners in that will be the drug dealers and the drug cartels,” said Sean Dwyer, owner of California Herbal Relief Center, one of the closed collectives, which itself caters to 800 patients. “Because rather than being able to get their medication from us legally, they will be forced to buying it illegally off the street.”

When will California officials understand that their job is to enforce California’s laws, not the federal government’s? Medical marijuana has been legal in California since 1996. Sadly, as attorney William Logan told a local ABC affiliate, “here we are 13 years later, [still] trying to figure out how to get medicine to patients.”

The federal law barring medical use of marijuana has already cost Mara Lynn Williams her husband, and may now cost her her home as well. [Read more →]

Here’s one for the “Cops Unclear On the Concept” file: The Record-Searchlight in Redding, California is reporting that the town’s police chief, Peter Hansen, has sent a warning letter to local medical marijuana dispensing collectives. Hansen’s letter warns dispensary operators that they are in violation of federal law, that “federal law takes precedence over State law,” and, “Violation of this law is a felony crime that carries with it a penalty of up to 20 years in prison.”

While the chief has every right to dislike California’s medical marijuana law, it is his job to enforce state law, not attack it. That’s something the courts have made unmistakably clear, most notably in a case known as Garden Grove v. Superior Court. In that case, city police had improperly seized medical marijuana from patient Felix Kha, and then insisted they couldn’t return his medicine to him because federal law takes precedence over state law. The state appellate court ordered the return of Kha’s marijuana, stating, “[I]t is not the job of the local police to enforce the federal drug laws as such.”

Memo to Chief Hansen: Is there something about the phrase, “it is not the job of the local police to enforce the federal drug laws” that’s hard for you to comprehend? Is Redding so completely free of robberies, rapes, murders, auto thefts, and other actual crimes that you have nothing else better to do?

From the Washington Post, an absolute must-read.

U.S. marijuana arrests declined somewhat in 2008, according to figures released by the FBI today. According to the just-released Uniform Crime Reports, U.S. law enforcement made 847,863 arrests on marijuana charges last year, 89 percent of which were for possession, not sale or manufacture – more arrests for marijuana possession than for all violent crimes combined. One American was arrested on marijuana charges every 37 seconds.

Marijuana arrests peaked in 2007 at over 872,000, capping five years of all-time record arrests. [Read more →]

The Drug Enforcement Administration and local law enforcement raided two Los Angeles area medical marijuana dispensaries today. Only limited information is available so far, but MPP will be watching the situation closely.

Is there something in the water over at the White House Office of National Drug Control Policy that turns every new drug czar into a babbling idiot? If not, how else can one explain the latest statement from new ONDCP honcho Gil Kerlikowske? Has he somehow been possessed by the spirit of his predecessor, John Walters?

While never a reformer, Kerlikowske had a reputation for being pretty rational while he was police chief in Seattle. But a story in Wednesday’s Fresno Bee quotes the drug czar as saying, “Marijuana is dangerous and has no medicinal benefit.” [Read more →]

A quick item from our Aggressive Stupidity files. Whom would you trust more on medical issues?

The California Narcotics Officers Association, from its official training materials: “Marijuana is not a medicine. … There is no justification for using marijuana as a medicine.” [emphasis in original]

Or…

The American College of Physicians, from its position statement on medical marijuana: “Preclinical and clinical research and anecdotal reports suggest numerous potential medical uses for marijuana. … Given marijuana’s proven efficacy at treating certain symptoms and its relatively low toxicity, reclassification [out of Schedule I of the Controlled Substances Act] would reduce barriers to research and increase availability of cannabinoid drugs to patients who have failed to respond to other treatments.”