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Drug War Chronicle - world’s leading drug policy newsletter

Feature: What's the Matter With San Diego? Another Round of Medical Marijuana Raids and Arrests Hit "America's Finest City"

San Diego County District Attorney Bonnie Dumanis claims to be a friend of medical marijuana, but one would be hard-pressed to find anyone in the local medical marijuana community who would agree with her. This "friend" coordinated mass raids against medical marijuana dispensaries there in 2006, again in February of this year, and yet again just last week.

http://stopthedrugwar.org/files/donnalambert3.jpg
courthouse demonstration (courtesy William West, myspace.com/williamwwest)
It is part and parcel of a pattern of bitter, recalcitrant refusal on the part of San Diego county officials to abide by the will of the voters and accept the state's medical marijuana law. The conservative county Board of Commissioners is notorious for its opposition to medical marijuana, going so far as pursuing a quixotic and costly legal challenge to state laws, which it lost in every court that heard it.

On Tuesday, the Board unanimously extended for 10 months a moratorium on new dispensaries in unincorporated areas of the county. After its court challenge to the state law was defeated, the Board is now grudgingly allowing staff to develop regulations for dispensaries, but in the meantime, DA Dumanis is picking them off in batches.

The city of San Diego has been a bit more friendly. Last week, just one day before Dumanis' raiders struck, the City Council voted to implement a task force to create recommendations for regulating collectives and co-ops in accordance with guidelines issued earlier this year by the state attorney general. But if the City Council is working with the medical marijuana community, the San Diego Police Department is not. Instead, it has joined forces with Dumanis and her conservative cronies to attack the dispensaries.

Last week's raids shuttered 14 dispensaries in San Diego, the North County, and South Bay, and resulted in 33 arrests -- 31 under state charges and two under federal charges -- including wheelchair-bound patients hauled away by armed and uniformed law enforcement agents. Dumanis assembled squads of San Diego Police, San Diego County Sheriff's officers, DEA agents, and IRS agents to swoop down on the dispensaries, make arrests, seize cash and medicine, and disrupt the local medical marijuana distribution system.

While the DEA was present, last week's raids were Dumanis's baby. Only two of those arrested face federal charges.

"It was a joint investigation with the sheriff's department and the police department," said San Diego DEA spokeswoman Amy Roderick. "We were asked for our assistance. We were not at every location."

Roderick declined to spell out how DEA San Diego is interpreting the current Justice Department position on not pursuing medical marijuana providers in states where it is legal unless they are in violation of state law. "I can't comment on policy," she said. "It's not made by the DEA."

"Like most San Diegans, I support the use of legitimate and legal medical marijuana use," Dumanis said at a press conference touting the busts. "However, it appears these so-called 'marijuana dispensaries' are nothing more than for-profit storefront drug dealing operations run by drug dealers hiding behind the state's medical marijuana law."

http://stopthedrugwar.org/files/donnalambert.jpg
Donna Lambert (courtesy William West, myspace.com/williamwwest)
"We're not surprised at all, but very disappointed," said Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance. "What Dumanis is doing is simply unacceptable. If she has legitimate concerns about how dispensaries are operating, whether they're operating as collectives, she could use civil actions, she could use letters and accountants. There is no call for bringing in the DEA, arresting people in wheelchairs, scaring the hell out of patients, and shutting off medical marijuana access for very sick people. It's her tactics that we're really concerned with," she said.

"But also her misrepresentations to the public of what she's doing and her unproductive strategy of pointing out what she says is illegal, but not saying what is legal," Dooley-Sammuli continued. "Collective operators are doing their best to comply with the law, but she doesn't have answers for them. People have gone out of their way to follow the guidelines, but got raided anyway."

I don't think Bonnie Dumanis has ever seen a legal dispensary in 13 years," said Dion Markgraff, San Diego coordinator for Americans for Safe Access "She can't follow the plain language of the law, but instead she holds some impossible standard that no one else knows about," he said.

"We're on the front lines of the most terrorist county in the whole state," Markgraff continued. "The DA is sending in cops who lied to doctors to get valid recommendations, and then busting dispensaries that are operating according to the law. At worst, maybe somebody didn't file this or that piece of paper or had a zoning issue, but there was certainly nothing criminal."

Markgraff himself has had a taste of the DA's bitter medicine. "I was raided two months ago for 32 immature plants," he related. "My girlfriend and I both have medical marijuana recommendations, and I had a state caregiver card. The cops laughed at my card, then stole it. They took everything, they arrested me and my girlfriend, they took my kid, they gave us both $130,000 bail. Now we're fighting this Kafkaesque, Orwellian system where the prosecutors and the judges don't give a shit about legality."

There was nothing unique about police seizing his daughter, Markgraff said. "They do it all the time. The first thing they say is 'we're going to take your kids if you don't plead.' When they're using your kids as leverage, that's really ugly," he said.

"We have not, and will not prosecute people who are legitimately and legally using medical marijuana," Dumanis said at the press conference. "It's a shame that a few illegal drug dealers are trampling on the compassion shown by voters in passing California's medical marijuana law."

Medical marijuana patient and now criminal defendant Donna Lambert begs to differ. She joined a 10-person medical marijuana collective after the 2006 raids that disrupted supplies. "I provided medical marijuana to a valid qualified patient who was an undercover cop who lied to a doctor to get a doctor's recommendation," said Lambert, who was one of 14 people arrested in the Operation Green RX raids conducted in February. "There was no dispute about my patient status or his patient status."

In Operation Green RX, as many as ten detectives spent six months becoming qualified medical marijuana patients on fraudulent grounds and then joining medical marijuana collectives. Undercover San Diego Police Detective Scott Henderson lied to a doctor to obtain a valid medical marijuana recommendation and then reached out to Ms. Lambert for help. When, believing she was lawfully helping another patient, she supplied him with medical marijuana, Lambert became yet another of Dumanis' victims.

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San Diego demonstration against 'Operation Green RX' (courtesy William West, myspace.com/williamwwest)
Lambert, a 47-year-old San Diego resident, began relying on marijuana to cope with chemotherapy. She struggles with a number of serious illnesses, including hepatitis C, cirrhosis, cancer and Sjoegrens Disease. She was bound over for December trial during a preliminary hearing last week, despite the judge in that hearing noting that she was clearly not in it for profit. "My attorney says they've never dismissed a medical marijuana sales case in San Diego," she said.

"They are a little more conservative down there than the other coastal cities," said San Francisco-based Marijuana Policy Project spokesman Bruce Mirken when asked what was the matter with San Diego. "It seems like the county is more a problem than the city, and some of their officials, including the DA, are particularly bad."

California's confused medical marijuana law is part of the problem, said Mirken. "It doesn't specify with absolute clarity what is legal and what isn't when it comes to medical marijuana distribution. Everyone is operating on the attorney general's guidelines, which haven't been tested in court, and that leaves room for interpretation, so you have fertile ground for officials who choose to be jerks to wreak a great deal of havoc. That's what's happening in San Diego County."

"People got up in arms at the DEA, but in this case, they were playing a supporting role," said Mirken. "The real problem is local officials who think medical marijuana is okay as long as you don't actually get it from anyone. The law says patients can have marijuana, so it makes sense to have an aboveground, organized distribution system. We have working models for that in places like San Francisco and Oakland. It's not that hard to do if you have the political will to do it," Mirken said.

"It's just been an ongoing battle for lo these many years," said Dale Gieringer, head of California NORML in San Francisco. "The city of San Diego isn't so bad, but the county is more conservative. The county board of commissioners is the one that filed the lawsuit trying to overturn the state medical marijuana law. And the DA is just bad. We initially approved of her election; she is gay, and was viewed as progressive, but she's been really tough on medical cannabis. Still, I see a glimmer of hope here. In half of her statements, Dumanis seems to be saying that there might be some legal dispensaries around, but nobody's clear on who they are."

San Diego medical marijuana patients and activists aren't seeing glimmers of hope; they're seeing red. "We need to replace the DA, most of the county board, and the county sheriff," said Lambert. "They are all working together to subvert the state law. It doesn't matter to them if people are following the law or not, she just lies through her teeth about it. I am the perfect example of her lies."

"Dumanis has made a political calculation that this will appeal to her conservative base," said Markgraff. "There is no one currently running against her, but we are trying to get someone to do that. There are plenty of people upset with her, and now just in the medical marijuana community. She's ripe for being thrown out," he said.

"We are mobilizing in San Diego," said Dooley-Sammuli. "Patients and medical marijuana supporters are working to put pressure on her to stop these tactics, and we're working with the newly created city task force to craft regulations, but this is really all about Bonnie Dumanis and the upcoming election. She is hoping this will work for her politically, and we're working to see that it doesn't."

San Diego activists told the Chronicle of many more horror stories about medical marijuana persecution under DA Dumanis. While they are working to get rid of Dumanis and bring a measure of real justice to the DA's office, the Chronicle will be digging a little deeper into the alleged abuses.

Edwin Meese Country

San Diego’s ocean scenery and temperate climate obscures an ominous underground of extreme right wing fixations and practices.  Part of the reason is the presence of the U.S. naval base and the proximity of the city to the military industrial complex that is located to the north in Orange County—John Birch territory.  But San Diego County is also home to the headquarters of creationist and intelligent design movements.  It boasts numerous birthers, deathers, dominionists, hollow earthers, and so forth.

Some of San Diego’s more illustrious politicians have included Edwin Meese, attorney general and drug warrior under President Ronald Reagan.  Meese was forced to resign the AG’s office over a conflict of interest scandal involving a government contractor.

Another San Diego native is former California Governor Pete Wilson.  Besides vetoing several pro-medical-marijuana bills in succession, Governor Wilson is infamous for shutting down a mental hospital and thereby callously tossing about 350 asylum patients out onto the city streets.  Since then, at least 60 of these former patients have been shot dead by police officers in various confrontational incidents.

Convicted kickback schemer Congressman Randy Duke Cunningham is still another alumnus of San Diego’s rogue’s gallery of drug warrior sadomoralists.

Getting past San Diego’s roster of reactionaries can be accomplished by influencing the Latino vote.   It was the influx of Hispanics into Anaheim in Orange County that countered the white racist vote there and caused many of Anaheim’s Birchers to relocate to Southern Idaho.  Given the Mexican Drug War and the tendency for drug laws to be used to subjugate racial minorities, an opportunity exists to shift the balance of power in Southern California to favor drug law reform if the Latino voters there can be encouraged to rise up and work to end drug prohibition.

Giordano

Why in San Diego???

Citybill

The medical-use marijuana conflict in San Diego County is simply a political issue. This should have been predicted by more advocates of marijuana use. I have not been particularly supportive of "medical-use marijuana" because it doesn't advance a solution to the real problem: drug prohibition in general. In fact, it tends to divert from the more sensible policy fight - repeal of sales, possession and simple use. This conflict over whether the medical-use marijuana dispensary activities are legitimate allows the anti-marijuana forces to do battle in a safe area, far from the appropriate area where it should be fought.

There are multiple (and in many cases insurance-covered) alternative medical treatment procedures - including many that have not shown any hint of efficacy when tested objectively under good control conditions - including many chiropractic procedures, most accupuncture, and all homeopathic treatment regimens. In spite of clear, science-supported evidence that marijuana can be used as a effective agent for several conditions - especially when others are less effective or cost prohibitive, advocates continually find themselves making the "legitimacy" argument. Arguments over "legitimacy" are irrelevant. Americans like accupuncture, homeopathy, and some of of the more questionable chiropractic procedures - and because of that, they are readily available. They do not care if these alternative approaches to medicine meet strict scientific proof of effectiveness.

As several commentors have already noted, the issue over marijuana is a political power issue - all drug prohibition is about political power. The prevailing government argument that illicit drugs are illicit because are a public health hazard falls flat because we allow alcohol to be used. What we control in alcoholic beverage use is primarily the context of its intoxicating effects - that is, the danger of alcohol use is when its intoxicating effects increase the danger to others within some environmental context (e.g., drinking AND driving).

Advocacy should focus on the repeal of drug possession and use AND to support reasonable laws that protect people from dangers resulting from the use of intoxicants within specific settings. This "public health" approach was always at the heart of drug laws in several European and latin American countries. Without pressure from the U.S. government, many of these nations have changed their drug possession laws to become more internally consistent with the policy that served as the basis of drug control in the first place.

Obama has nothing to do with this.

If you take the time to read the article in its entirety, you will see that responsibility for these actions lie at the county level, particularly with the DA and police departments.

Despite progress in that direction in recent years (in particular with the last administration), the presidency is not a dictatorial position. It is one of limited power, which relies on cooperation from congress to accomplish its goals. Even if the president were dictator, it would be impossible for him or her to keep tight reigns on every single administrator in a position of power somewhere in the United States. Placing the blame for actions conducted by a DA in a county in California on Obama is unproductive, and frankly a bit stupid. Even if Obama had somehow managed to repeal all federal Marijuanna laws by now (which would have been a remarkable feat!), the situation here would still be occurring, as it is a result of a cultural bias in San Diego DA's office, combined with apparently unclear legislation as the California state level.

May I suggest that you take some time to educate yourself a little on how the political process in America works, so that you may make more informed comments and opinions? Taking the time to read articles in their entirety helps too.

As for our movements attitude towards Obama, I counsel cautious optimism and gratitude. Look at how much difficulty Obama is having pushing through a no-brainer like health care reform. Clearly it is important for him to conserve political capital, and use it judiciously. While I would love to see prohibition repeal and reform of America's criminal justice system take a high place on the list of the President's priorities, I can understand his thinking. Look at Clinton's attempts to allow homosexuals in the military. The resulting culture-war uprising weakened his presidency enormously, and it seems likely this was instrumental in getting Hillary's reform attempts halted. The reality of social change is it must often be accomplished gradually.

What Obama has done is stopped active support of the drug war from the White House. The position and language coming from the white house has changed dramatically. As a result, the debate has changed greatly, in our favor. More positive progress has occurred since the last election, than occurred since the Nixon years. At least some of the credit for that rests with the Obama administration.

It might be frustrating that things aren't changing as quickly as we would like, especially for an issue which has such clear and obvious cost-benefit data. But as your post, and the parent's show, politics is as more about emotion than it is about facts and figures, and the Executive office feels it must tread lightly on this issue. That at least is better than coming down hard with their boot heels, as the last 6 administrations have done.
www.glenstark.net

borden's picture

DEA participated

The complaint here with the Obama administration is that the DEA participated in these raids, even though they were led by local authorities. The DOJ under Obama has also continued to prosecute victims of past federal raids.

I'm still hoping that Obama is more or less keeping his promise to stop the federal government's raids on medical marijuana coops, and that it's just taking awhile because of a gradualist approach to transforming the bureaucracy. But I'm not willing to assume that that's the case. So I'm all for protesting at this point -- but carefully worded protests, for the reasons Glen pointed out and for other reasons.

David Borden, Executive Director
StoptheDrugWar.org: the Drug Reform Coordination Network
Washington, DC
http://stopthedrugwar.org


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