Raid update: Brutal tactics employed in San Diego D.A.’s war on sick

According to the San Diego County District Attorney’s Office — the agency that led yesterday’s multi-jurisdictional raids on local medical marijuana providers — warrants were served at 14 dispensing collectives and six associated residences. So far, 23 people have been arrested in connection with the raided facilities.

The D.A.’s press release attempts to justify the actions using an extremely narrow interpretation of state law relating to the role of a “primary caregiver.” It does not address whether or not the facilities in question were operating as “collectives” – a more common state-legal model for dispensing medical marijuana.

One thing that’s clear about this case is that San Diego would have been better served if its leaders had moved to properly regulate medical marijuana facilities rather than resisting any effort to do so before resorting to brute force to shutter legal access to local patients.

If you’ve had any doubt that these raids are being carried out by heartless thugs, just look to the image below from video captured by San Diego’s KFMB News showing an officer manhandling a wheelchair-bound patient into the back of a patrol car. Remind me again, how is this serving the interest of public safety?

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September 10, 2009   132 Comments

More local raids on California medical marijuana providers

Several San Diego-area medical marijuana collectives were raided today in a county-wide sweep apparently coordinated by the district attorney’s office. It’s unclear at this time whether or not any arrests have been made or exactly what — if any — state law violations are being alleged in these cases.

Given San Diego County District Attorney Bonnie Dumanis’ dismal record of circumventing California’s medical marijuana laws and prosecuting patients, this recent action is unfortunately not very surprising. MPP is continuing to keep a close watch on the situation in San Diego; we’ll provide an update if more relevant information becomes available.

September 9, 2009   32 Comments

War on Medical Marijuana Patients Continues in San Diego

I’ve recently been corresponding with a medical marijuana patient and Navy veteran, Eugene Davidovich, who was recently arrested in a particularly slimy undercover sting operation. Eugene, a member of a San Diego medical marijuana collective, was contacted by an undercover cop posing as a registered, licensed medical marijuana patient who asked for his help obtaining his medicine.

You can probably guess the rest, but here’s a link to a good comprehensive story on his arrest.

Prosecutors argue that Eugene violated the law in providing medical marijuana to the undercover cop – even though the cop presented him with documentation verifying his status as a licensed medical marijuana patient. They even insinuate that Eugene’s motive was profit and not compassion.

It appears that what’s really happening is that prosecutors are taking advantage of vagaries in California’s medical marijuana law to persecute patients and caregivers who are doing their best to take care of themselves and stay within the law.

Here’s how Eugene put it:

Every attempt made to date by collectives and coops to follow the law in San Diego has resulted in prosecutions or collectives having to operate so deeply underground and under such intense daily fear and pressure, that the potential public benefit they could be bringing to the community and to patients is stifled by this environment of fear.

Eugene has a fight on his hands now. Please visit his Web site and help him out if you can.
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June 5, 2009   37 Comments

Game Over: Federal Law Doesn’t Trump State Medical Marijuana Laws

California’s medical marijuana laws just received their latest legal vindication today – this time at the nation’s highest court. The U.S. Supreme Court announced that it will not be hearing a case lodged by the counties of San Diego and San Bernardino aimed at gutting California’s medical marijuana law. The two counties claimed that the federal law banning all marijuana trumped the state’s medical marijuana law.t629083a

The challenge was initially filed in 2006 at the San Diego County superior court after the counties had refused to implement the state-mandated medical marijuana identification card program. The superior court judge sided with patients and state law and strongly denied the counties’ claim. Last year, a state appeals court also ruled against the counties, and the state Supreme Court refused to hear their appeal.

The protracted legal battle has been a popular excuse among California officials trying to shirk their legal obligation to uphold the state’s medical marijuana laws. Now that the U.S. Supreme Court has decided against hearing the case, officials in San Diego, San Bernardino, and seven other counties not following the law have nowhere to go but to obey the will of the voters who overwhelmingly support medical marijuana laws.

Beyond California, the message should now be clear that hiding behind federal law is no longer a legitimate position to take when considering state-level medical marijuana laws.

May 18, 2009   72 Comments

Your tax dollars at work!

Unfazed by three consecutive legal defeats, the California counties of San Bernardino and San Diego last week asked the U.S. Supreme Court to hear their legal challenge to the state’s 12-year-old medical marijuana law. The 47-page petition – drafted on the public’s dime – is a last ditch effort by the two embattled counties to continue their policy of arresting medical marijuana patients even when the patients are in full compliance with state law.

Their reasoning? Well, all marijuana is illegal under federal law and states do not have the authority to set their own marijuana policies – according to these two rogue counties anyway. Never mind the fact that not a single judge has sided with the counties and that the U.S. Supreme Court has recently denied review of another California ruling which held that local police should enforce state – not federal – law.

This ongoing lawsuit is clearly unpopular with California voters, who overwhelmingly support medical marijuana access. Indeed, scores of citizens have pled with both county boards of supervisors urging them to drop the challenge over the years, and 78% of San Diego voters thought the lawsuit was a waste of money before it was even filed. But these local politicians have apparently determined that fighting this uphill battle is a wise use of public funds, regardless of California’s unprecedented budget crisis.

It does look like the San Bernardino supervisors might be becoming wary of defending their legal challenge, as it appears they violated California’s open meetings law in order to avoid explaining themselves to the public.

San Bernardino’s supervisors are no strangers to controversy. In fact, former supervisor and outspoken opponent of medical marijuana Bill Postmus is currently facing charges for methamphetamine possession.

Oh, the irony!

 

 

January 22, 2009   3 Comments