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Press Release: Hemp Advocates Ask Pro-Hemp Hedge Fund Manager for Help

[Courtesy of Hemp Industries Association] FOR IMMEDIATE RELEASE: October 21, 2008 CONTACT: Adam Eidinger at 202-744-2671 or adam@votehemp.com Hemp Advocates to Andrew Lahde: “Can You Spare a Million to Make Your Vision Reality?” Hemp Food and Body Care Sales Stronger than Ever in 2008 U.S. Farmers Suing DEA to Grow Hemp are Back in Court November 12 BOSTON, MA – The Hemp Industries Association (HIA), a trade association made up of hundreds of hemp businesses meeting in Boston today, is appealing to millionaire retired hedge fund manager Andrew Lahde to use a portion of his recent windfall made betting against sub-prime mortgage-backed securities to help bring back hemp farming in the United States. Mr. Lahde garnered media attention for stating in a resignation letter that hemp is needed as an alternative food and energy source and should be grown again in the U.S. “Mr. Lahde’s perspective is right on the money,” says HIA out-going President David Bronner. Retail sales of hemp food and body care products in the United States have continued to set record sales over the past twelve months, according to new data released by the HIA. The strong sales of popular hemp items like non-dairy milk, shelled hemp seed, soaps and lotions have occurred against the backdrop of state-licensed hemp farmers in North Dakota fighting a high stakes legal battle against DEA to grow hemp for U.S. manufacturers. The new sales data validates U.S. farmers’ position that they are being left out of the lucrative hemp market that Canadian farmers have cashed in on for eleven years. The sales data, collected by the market research firm SPINS, was obtained from natural food retailers only, excluding Whole Foods Market and mass-market food and pharmacy stores, and thus under-represents actual sales by a factor of two to three. The new report shows that hemp grocery sales grew in the sampled stores by 65% over the previous year (from August 2007 to August 2008), or by $2.4 million, to a total of $6.12 million. Based on the representative growth of this sample, the HIA Food and Oil Committee now estimates that the total retail value of hemp foods sold over the past 12 months in North America grew from $20 million last year to approximately $33 million this year. In addition, the SPINS data show that sales of hemp body care products grew 10% over the past 12 months in the sampled stores to $12.24 million. Due to the large hemp body care line sold by The Body Shop, as well as the fact that many unreported leading mass-market brands of sun tan lotion and sunscreen products include hemp oil, the HIA estimates the total retail value of North American hemp body care sales to be at least $80 million. “Farmers who want to grow hemp to support the steady double-digit growth are mad as ever about being shut out by our backward federal government,” says Mr. Bronner, who makes Dr. Bronner’s Magic Soaps and uses hemp oil in all his top-selling products. “The HIA is confident that the total North American hemp food and body care market over the last 12 months accounted for at least $100 million in retail sales,” adds Mr. Bronner. Over the last three years, hemp food sales have averaged 47% annual growth, making hemp one of the fastest-growing natural food categories. "Last fall we expected the double-digit growth of the hemp food sector to continue in 2008, as the excitement about hemp milk had led to more brands in the market," comments Eric Steenstra, HIA Executive Director. "We project that growth in the markets for hemp food and body care will keep pace into 2009,” says Steenstra. CORRECTION: In Mr. Lahde’s letter, he said that; “Hemp is the ‘male plant’ [metaphorically speaking, hemp is, like the male Cannabis plant, useless as a drug] and it grows like a weed, hence the slang term." This is not quite correct, however, as hemp is both female and male, but is distinct from the drug varieties of Cannabis because it contains virtually no THC, the chemical that generates a high. # # #

Latin America: Bolivia Blocks US Anti-Drug Flights, Says It Doesn't Need or Want US Help With Coca Crop

Relations between Bolivia and the US, already strained by Bolivia's expulsion of the US ambassador last month for allegedly helping to instigate anti-government protests and the subsequent US "decertification" of Bolivia for failure to comply with US drug war aims, grew even colder over the weekend. Last Thursday, Bolivian President Evo Morales rejected a DEA request to overfly the country, and on Saturday, he launched a rhetorical attack on US anti-drug policy.

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Bolivian coca leaves drying in warehouse -- the sign reads ''Coca Power and Territory, Dignity and Sovereignty, Regional Congress 2006-08'' (photo by Phil Smith, Drug War Chronicle)
According to the Bolivian Information Agency, Morales last Thursday instructed his government to deny a written request from the US government to conduct surveillance flights over the South American nation. "Two days ago I received a letter from the US DEA asking a government institution for permission to fly over national territory," the agency quoted Morales as saying. "I want to say publicly to our authorities: They are not authorized to give permission so that the DEA can fly over Bolivian territory."

Bolivia is the world's third largest producer of coca, from which cocaine is produced. Since his election as president, Morales, who rose to prominence as a coca grower union leader, has embarked on a policy of "zero cocaine, but not zero coca." Under the Morales government, peasants are allowed to grow specified amounts of coca for traditional and industrial uses. In another sign of tension with the US, coca farmers loyal to Morales recently expelled US AID from the Chapare coca-growing region, saying its programs were ineffective.

On Saturday, Morales stepped up the rhetoric, saying Bolivia does not need US help to control its coca crop. He spoke before a crowd of coca growers outside La Paz.

"It's important that the international community knows that here, we don't need control of the United States on coca cultivation. We can control ourselves internally. We don't need any spying from anybody," Morales said in remarks reported by the Associated Press.

A State Department spokesman told the AP that the US had decertified Bolivia in part because it had chosen to follow its own path instead of Washington's lead. "We've certified Bolivia twice before under the Morales government, even though they have taken a very different approach to counter drugs, especially to eradication, than previous governments," said Thomas Shannon, the top US diplomat for Latin America. "But what we've noticed over the past couple of months," he added, "was a declining political willingness to cooperate, and then a very precise attempt by the part of some of the government ministries to begin to lower the level of cooperation and try to break the linkages" between US and Bolivian anti-drug efforts.

Although the Bush administration decertified Bolivia, it did not cut off anti-drug aid. It did, however, suspend Bolivia's exemption from US tariffs under a regional trade agreement. That could cost Bolivia up to 20,000 jobs, according to Bolivian business leaders. [Ed: What kind of jobs do people turn to sometimes when they lose their legal jobs?]

Feature: Venezuela, US Governments Spar Over Drug Fighting

The tense relations between the Bush administration and Venezuela's President Hugo Chávez grew even more strained this week as Washington and Caracas traded charges and counter-charges over Venezuela's fight against cocaine trafficking. While it seems indisputable that cocaine trafficking through Venezuela has increased in recent years, the two governments are trading barbs over the extent of official Venezuelan complicity in the trade, whether Venezuela is doing enough to combat trafficking, and whether it needs to comply with US demands in order to effectively fight the drug trade.

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Venezuela (from the CIA World Factbook)
Venezuela does not grow coca or process cocaine, but like other countries in Latin America, it has been used as a conduit, especially by traffickers from neighboring Colombia, the region's largest coca and cocaine producer. The rise of the European cocaine market in recent years has undoubtedly made the country an attractive way station for cocaine headed east.

"The flow of cocaine through Venezuela -- both north particularly through the Dominican Republic and Haiti but also into Europe through Africa and other places -- has increased dramatically," US drug czar John Walters told the Associated Press in a recent interview. He said smuggling through Venezuela had quadrupled since 2004, to about 250 metric tons last year, or about one-quarter of total regional (and thus global) cocaine production.

The remarks come as the US is pressing Venezuela to renew cooperation with it on drug trafficking, and are probably laying the groundwork for a looming decertification of Venezuela's compliance with US drug war goals. Relations between the US DEA and the Venezuelan government have been almost nonexistent since Chávez expelled the DEA in 2005, charging that it was spying on his country. Only two DEA agents are currently stationed in Venezuela, and their activities are very circumscribed.

But Venezuela last weekend brusquely rejected renewed calls from Washington to accept a visit from Walters and resume cooperation on the drug front, saying it had made progress by itself and working with other countries. "The anti-drug fight in Venezuela has shown significant progress during recent years, especially since the government ended official cooperation programs with the DEA," Venezuela's foreign ministry said in a statement. Renewing talks on drugs would be "useless and inopportune," the statement said.

Walters had tried to "impose his visit as an obligation," the foreign ministry complained. "The government considers this kind of visit useless and ill-timed and feels that this official would better use his time to control the flourishing drug trafficking and abuse in his own country," the statement said. "Venezuela has become today a country free of drug farms, neither producing nor processing illicit drugs, and which has smashed records one year after another for seizing substances from neighboring countries," it added.
That statement came one day after US Ambassador to Venezuela Patrick Duddy ruffled feathers in Caracas by saying that Venezuela's failure to cooperate with the US was leaving an opening for traffickers. "The drug traffickers are taking advantage of the gap that exists between the two governments," Duddy told reporters, citing the estimated fourfold rise in trafficking.

President Chávez responded to those remarks Sunday by calling them "stupid" and warning that Duddy would soon be "packing his bags" if he is not careful. Chávez also suggested that the US concentrate on its own drug use and marijuana production.

On Monday, Venezuelan Vice-President Ramón Carrizales echoed his chief, telling reporters in Caracas that Venezuela was cooperating internationally, just not on US terms. "The DEA asks for freedom to fly over our territory indiscriminately," Carrizales said. "Well, they aren't going to have that freedom. We are a sovereign country."

Venezuela has seized tons of cocaine in recent years and has some 4,000 people behind bars on trafficking charges, he added. Most US-bound cocaine moves north by sea, he said, largely along Colombia's Pacific Coast.

But the Bush administration wasn't backing down. On Tuesday, State Department spokesman Sean McCormick said: "Our officials, including Ambassador Duddy, are going to continue to speak out on the state of US-Venezuelan relations... (and) what we see happening inside Venezuela. That does not foreclose the possibility of a better relationship... and certainly we're prepared to have a better relationship," he added, saying Washington first needed to see some unspecified actions by the Venezuelan government.

Good luck with that, said a trio of analysts consulted by the Chronicle. "There is little chance of increased cooperation," said Ian Vasquez, director of the Center for Global Liberty and Prosperity at the libertarian-leaning Cato Institute, who cited corruption within the Venezuelan government.

Prospects for a rapprochement on drug policy are low, said Adam Isaacson of the Washington-based Center for International Policy. "There is so much distrust between the two governments," he said. "Chávez's threat scenario is a US invasion, and a US military, security, or even police presence would be seen as probing for weaknesses. On the other hand, the US thinks Venezuela is on a campaign to bring Iran and Russia into the region, and Walters is an ideologue who thinks Venezuela is doing this to destabilize the region, you know, the idea of a leftist leader making common cause with drug traffickers. There is no trust, and there's not going to be any trust. The drug war stuff is really only one aspect of that larger context," he said.

"The Venezuelans have repeatedly stated they want to cooperate with the US on drugs, but Chávez deeply distrusts the US government," said Larry Birns, head of the Council on Hemispheric Affairs in Washington. "He has had a terrible time with activist US ambassadors and he feels they have intervened repeatedly in Venezuela's sovereign affairs, but this could be a propitious moment. The Bush administration will get nowhere with any new anti-Chávez initiatives, so they just might be interested in taking some steps toward normalizing relations with Venezuela simply to show that the US is capable of using diplomacy."

Still, said Birns, don't look for any dramatic breakthroughs. "There won't be any effective agreement on drug trafficking unless it's part of a larger mix of confidence-building measures," he said. "Hugo Chávez has a confrontational, combative personality, but he's relatively clean when it comes to human rights violations or other derelictions, and that's very frustrating for Washington. There will not be any comprehensive agreement on this issue, just some de facto improvements on a graduated basis because the necessary confidence between the two governments just doesn't exist."

All three agreed that cocaine trafficking through Venezuela is increasing, but none thought it was a matter of official policy. "It's true there is now a lot of cocaine going through Venezuela," said Isaacson. "While I don't think that Chávez is actively trying to turn the country into a narco playground, I haven't seen any major effort to root out drug-related corruption. Chávez also has problems controlling his national territory; there are security and public security problems, common crime is a serious problem, and organized crime is growing."

"Venezuela has an income of $100 billion a year from oil revenues, why would they be interested in drug revenues?" Birns asked. "I'm sure there are some rogue elements in the government, but this is not a matter of state policy," he said. "You can't deny there is drug trafficking in Venezuela, but I can't imagine that Chávez has anything to do with or gain from it. After all, he's giving away hundreds of millions of dollars a year around the world, including the US, in oil and heating oil, so this just doesn't seem like an income opportunity he would be interested in."

The war on drugs is just a waste of time and resources, said Vasquez. "Asking countries to enforce US drug prohibition is asking them to do the impossible," said Vasquez. "It hasn't succeeded in Colombia, Mexico, or anywhere in the Andes. You see some ephemeral victories -- you might kill a drug lord or shut down a cartel, but this is a multi-billion dollar multinational industry that can easily adapt to whatever is thrown at it."

Asking for more enforcement is only asking for trouble, said Vasquez. "The more prohibition, the more law enforcement, the more violent it becomes," he said. "There is no light at the end of the tunnel. To the extent that the drug war is more aggressively pursued, we can expect more violence and corruption."

Still, there are things Venezuela could do to ease tensions, said Isaacson. "Venezuela could be more cooperative in monitoring its airspace, sharing radar information, even allowing occasional US verification flights like the other Latin American countries do," he said. "And as Fidel Castro has done, they need to take a hard line against drug corruption in the state -- it can eat a state from the inside out."

But if Chávez can be accused of playing politics with the drug issue, so can the US, said Isaacson. "US anti-drug goals look even more politicized. I'm sure Venezuela will be decertified, and people will fairly say they're singling out Venezuela because they're leftists and say bad things about the US. Meanwhile, Colombia, with the world's largest coca crop, and Mexico, which has a huge drug trafficking industry, will get a pass because they're pro-US."

"The US certification process on drugs is very tarnished," agreed Birns. "All of these annual mandates from Congress on drugs and terrorism and the like have been carried out in an archly political manner. The US minimizes the sins of its friends and maximizes those of its enemies."

Washington's problems with Venezuela are just part of an overall decline in US influence in the region, said Birns. "With countries like Peru having high growth rates because of the increased valuation of natural resources across the board and new resource discoveries, with Brazil on the verge of becoming a superpower, with various new organizations of which the US is not a part, like the Rio Group and the South American security zone, our leverage over Latin America is waning. The only way to achieve real results on any of these issues is earnest negotiation where real concessions are made."

Law Enforcement: LEAP Barred From Asian-American Cops Meeting in Virginia

Law Enforcement Against Prohibition (LEAP), the 10,000-strong organization of police, judges, prosecutors, DEA and FBI agents, and others calling for an end to drug prohibition, was declared persona non grata at the conference of the National Asian Peace Officers Association (NAPOA) in Crystal City, Virginia, on Tuesday. LEAP member Howard Wooldridge--best known as the guy in the cowboy hat with the "Cops Say Legalize Drugs" t-shirt--was forced to remove himself and his booth from the conference after federal agents there complained about his presence, LEAP said in a Wednesday press release.

According to the press release: "Acting under pressure from unnamed federal officials, Reagan Fong, president of the NAPOA, insisted on the immediate removal of LEAP from the conference vendor roster. It appears that some of the event's other exhibitors took exception to the LEAP message and put pressure on the event organizer to expel LEAP from the event."

Wooldridge reported that federal agency representatives, including DEA, Federal Air Marshals, and the Coast Guard had vendor booths at the conference. On Monday, Wooldridge visited the DEA booth and described the DEA agent there as "decidedly unhappy" with having to hear an opposing viewpoint.

Although NAPOA head Fong has not yet responded to LEAP requests for clarification and rectification, LEAP believes he took the action at the request of the DEA agent. LEAP is asking for an apology and demanding that Fong reveal the identity of the agent who leaned on him.

"We ask that Mr. Fong identify the individual, agency or group that lobbied for our eviction from the event," LEAP said. "If this was an independent effort then he or she was acting outside the scope of authority and should receive administrative punishment for unprofessional actions. If this action was sanctioned by upper level management then the managers need to explain their behavior in an open forum. If this was sanctioned official action by the US government it is a serious matter which requires serious and immediate attention."

Feature: California Attorney General Issues Medical Marijuana Guidelines -- Mostly Good But Some Problems, Say Advocates

After more than a decade of roiling confusion over what California's groundbreaking medical marijuana law and subsequent enabling legislation do and do not allow, state Attorney General Jerry Brown sought to clarify matters Monday by issuing a long-awaited set of guidelines for patients, providers, and law enforcement. In addition to clarifying what is permissible under state law, Brown also hoped to damp down the ongoing conflict between state and federal authorities over medical marijuana in California.

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California medical marijuana bags (courtesy Daniel Argo via Wikimedia)
Under the guidelines, medical marijuana dispensaries must operate as not-for-profit collectives or cooperatives, and are prohibited from buying marijuana from growers who are not themselves patients or registered caregivers. The only fees dispensaries can collect are those covering overhead and operating expenses.

The guidelines strongly urge patients to obtain state medical marijuana ID cards and advise police to accept such cards as proof of legitimate medical need. The guidelines also call on police to return seized marijuana to patients who are later proved to be legitimate. They prohibit medical marijuana patients from lighting up near schools and recreation centers or at work, unless employers approve.

Affirming that California's medical marijuana law is not preempted by federal law, the guidelines further direct "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law.

But while providing protections to patients and non-profit dispensaries organized as co-ops or collectives, the guidelines could provide a green light for law enforcement to go after the store-front dispensaries that have sprung up like mushrooms in some areas of the state. In ballyhooing a Friday raid against a Northridge dispensary by California Bureau of Narcotics Agents, Brown signaled Monday that a crackdown could be looming.

Accusing the Today's Healthcare dispensary and its operators of criminal behavior by operating a profitable business, Brown went on the offensive. "This criminal enterprise bears no resemblance to the purposes of Proposition 215, which authorized the use of medical marijuana for seriously sick patients," he said. "Today's Healthcare is a large-scale, for-profit, commercial business. This deceptively named drug ring is reaping huge profits and flaunting the state's laws that allow qualified patients to use marijuana for medicinal purposes."

California law enforcement pronounced itself pleased with the guidelines. Fresno Police Chief Jerry Dyer, president of the California Police Chiefs Association, praised Brown for promulgating them. "Since Proposition 215 was passed, the laws surrounding the use, possession and distribution of medical marijuana became confusing at best. These newly established guidelines are an essential tool for law enforcement and provide the parameters needed for consistent statewide regulation and enforcement."

Despite the apparent threat to non-compliant dispensaries and their suppliers, most medical marijuana advocates also pronounced themselves generally satisfied with the guidelines. The medical marijuana defense group Americans for Safe Access has been working with Attorney General Brown and his predecessor, Bill Lockyer, for several years in an effort to see guidelines promulgated. ASA spokesman Kris Hermes said this week that while the guidelines are not perfect, they are a step in the right direction.

"We've been urging them to come out with an official statement that can direct law enforcement and stop what has been rampant disrespect for state law in some areas," he said. "From that perspective, the guidelines are a huge step forward. They provide a blueprint for local law enforcement to develop sensible policies around patient encounters, and they recognize the validity and law-abiding nature of medical marijuana dispensaries in California. That's huge," said Hermes. "These guidelines are a boon for patients, police, and everyone else in the state and will greatly advance the implementation of state law."

"Given the vagueness of the initiative and the statutes, the guidelines are pretty good," said Bruce Mirken, San Francisco-based communications director for the Marijuana Policy Project. "They establish parameters within which the distribution of medical marijuana is to be treated as legitimate and legal. That's important because some prosecutors have been adamant that there is no legal authority for dispensaries -- period. This cuts the legs out from under them," he said.

"They were about what we expected," said Dale Gieringer, head of California NORML. "Most of the guidelines are consistent with what our attorneys have been saying and advising their clients to do all along. There are a few problem areas, but these guidelines will help fill the vacuum."

One problem Gieringer pointed out was that the guidelines say dispensaries may possess and distribute only lawfully cultivated marijuana, and that they cannot purchase from or sell to non-members. "There is nothing in either federal or state law against purchasing marijuana, so we don't see any legal basis for saying it's illegal to buy from outside vendors," he said.

Another potential problem is that the guidelines say that co-ops and collectives should document their activities and record the source of the marijuana they purchase, Gieringer said. "That is going to be problematic until we have some assurance of protection from being arrested by the DEA, and we don't want to see the cops come in and seize the records, and then bust the growers."

"While there is much about the guidelines that is positive, we also have some worries about some of the dispensary language," Mirken said. "Requiring dispensaries to be non-profit is just silly. Is Jerry Brown going to demand that Walgreen's and Riteaid become charities, too? If society thinks private enterprise and the profit motive are a logical way to distribute goods and services, why not medical marijuana?"

Still, said Mirken, the guidelines are a step in the right direction. "Given that we have all these issues here in California, anything that moves us in the direction of an orderly system with some legal clarity is a good thing. When you have local authorities who just don't like medical marijuana and are looking for an excuse to bust people, which some of them have been doing all along, this is going to provide protection."

But at least one Bay Area dispensary operator was not so impressed. "Let's see how it all plays out," said Richard Lee, proprietor of Oakland's Bulldog Coffee Shop and SR-71 dispensary and key promoter of the Oaksterdam scene. "Hopefully, it will help people in more repressed redneck areas and not hurt people in more progressive areas like Oakland and San Francisco."

Although Brown's guidelines call for dispensaries to be organized as co-ops or collectives, Lee has not incorporated in that manner and has no plans to. "We've been here eight years," he said. "We were here before they even passed SB 420. Oakland has a system that allows reasonable profits; it's set up for the clubs to run like any other business, and we are fine with that. Does Jerry Brown really want to come in and mess with Oakland's system that works?"

While the guidelines could result in a temporary decrease in the number of dispensaries as non-compliant ones either close their doors or have them closed for them by law enforcement, the end result will most likely be more dispensaries opening in areas of that state that are currently underserved because of local law enforcement or official hostility.

"I'm not too worried about a short term decrease in the dispensaries if it brings a little more rigor," said Gieringer. "Things have been fast and loose, and we have some rogue operators who wouldn't normally be operating in a legal market. We will lose some of those people, which could result in a short term decrease in availability, but in the medium term, this should be balanced out by the increase in availability in currently underserved areas."

While not everyone is happy with all aspects of the guidelines, the state of California has now taken a big step toward legitimizing its medical marijuana industry, reducing the confusion surrounding the state's medical marijuana law, and sending a strong signal to the DEA that it intends to police itself.

Feature: Feds Score Another Conviction Against a California Medical Marijuana Dispensary Operator

In a trial that garnered national attention because of the conflict between state and federal marijuana laws, a federal jury in Los Angeles Tuesday convicted the owner of a Morro Bay medical marijuana dispensary on five counts of violating federal drug laws. As was the case in previous federal prosecutions, the defense was not allowed to mount a medical marijuana defense or even mention the words "medical marijuana" during the course of the trial.

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Charlie Lynch (from friendsofccl.com)
Charles Lynch, 46, operator of Central Coast Compassionate Caregivers in San Luis Obispo County, faces a minimum of five years in prison and as many as 85 years after being found guilty of distributing more than 100 kilograms of marijuana, some of to people considered minors under federal law.

Federal prosecutors portrayed Lynch as a mercenary drug dealer, toting around backpacks full of cash and selling dope to minors. One minor, Owen Beck, actually took the stand in Lynch's defense. Beck suffers from bone cancer, and accompanied by his parents, he would visit the dispensary to purchase medical marijuana recommended to him by his Stanford University oncologist. But as soon as Beck mentioned that he was ill, Federal District Court Judge George Wu blocked his testimony.

In an interview with the Los Angeles Times after reaching a verdict, jury forewoman Kitty Meese said jurors understood Lynch was no run-of-the-mill drug dealer, but that federal law made no provision for dispensary operators. "We all felt Mr. Lynch intended well," Meese said. "But under the parameters we were given for the federal law, we didn't have a choice." She added, "it was a tough decision for all of us because the state law and the federal law are at odds."

Lynch had run the dispensary in compliance with state law and with the blessing of local officials in Morro Bay, but after a fruitless, year-long investigation by San Luis Obispo County Sheriff Pat Hedges failed to find any violations of state law, the sheriff invited the DEA to come and raid the dispensary. The DEA did just that last year, and a few months later a federal grand jury indicted him.

Lynch is only the latest of at least six dispensary operators convicted under the federal drug laws, and his dispensary is but one of the dozens raided by the DEA in the last couple of years. With federal juries blocked from hearing about or considering the state's medical marijuana laws by federal judges in those cases, convictions are all but a foregone conclusion.

"This just goes to show the difficulty of getting a fair trial on this in federal court," said Dale Gieringer, head of California NORML. "The feds are batting a thousand when it comes to getting convictions in these cases. You cannot get a fair hearing."

"Charley got steamrolled by the federal government," said San Luis Obispo attorney Lou Koory, who represented Lynch in his dealings with local officials. "It's just not a fair fight when you can't tell the whole story," he said.

"The jury selection process revealed that potential jurors in Los Angeles had major questions about why the feds would be prosecuting someone like Charley when there are several dispensaries operating within walking distance of the courthouse there," Koory pointed out. "Those jurors were dismissed for cause, so we were left with citizens who were apparently not concerned about the federal government's actions in this case and who felt compelled to follow the judge's instructions."

"When you have things like Owen Beck being prevented from testifying, that only escalates the tragedy of this case," said Kris Hermes, spokesman for the medical marijuana defense group Americans for Safe Access. "The jury was not allowed to hear the whole truth in the larger context of the state law," he said.

Hermes was quick to point out that Lynch was not the only victim of the DEA and its local law enforcement collaborators. "When Charles was raided, his was one of the only facilities in the whole region," said Hermes. "Now patients have to go much longer distances, sometimes hundreds of miles, to get their medicine. Not only has this destroyed Charlie's life, it has worsened the lives of hundreds of patients."

With the deck stacked against dispensary operators in these federal prosecutions, activists and advocates are looking for ways to change the status quo. Some involve fighting back against recalcitrant law enforcement officials like Sheriff Hedges, others looks to greater help from state officials, while still others are turning a jaundiced eye on the federal marijuana laws.

At least one of Lynch's patients has filed suit against Hedges, alleging that he violated patients' privacy protections by seizing patient records and violated both her state and federal constitutional rights by doing an end run around state law.

"The sheriff couldn't get a state search warrant, so he calls in the DEA and participates in the raid," said Koory. "In return for serving up Charley on a silver platter, the sheriff got access to all the evidence, including patient records," he explained. "The dispensary was a rock in the sheriff's shoe, so after a year's worth of failed investigation, Sheriff Hedges invited the DEA to come up to Morro Bay and raid the dispensary. That's the real story here."

While the idea of suing sheriffs sounds appealing, it's a long-shot, said Hermes. "They are certainly subject to litigation if someone wants to file a lawsuit against a local official for cooperating with the federal government, but it's a difficult legal challenge," he said. "There is no law that prohibits local law enforcement from cooperating with the feds. What officials like the sheriff are doing is wrongheaded, harmful, and unnecessary, but it will be difficult to win, I think."

In the meantime, said Hermes, there are other avenues to pursue in reining in renegade local officials. "One thing would be to get a pronouncement from Attorney General Jerry Brown directing law enforcement on appropriate conduct around these issues. We're expecting that to happen soon," he said. "Absence of direction from the attorney general has made it easier not only for federal law enforcement to come in and undermine the implementation of state law, but also to make it easier for local law enforcement to help in that effort."

Hermes said that recent state court decisions, including last week's slap-down of San Diego County's challenge to the law (see related story this issue) are also helping define the playing field. "We've had multiple appellate court rulings declaring the state's medical marijuana law is not preempted by federal law, that the two can coexist, and that local law enforcement should be upholding state law and not federal law," he said. "Between these rulings and the pending guidelines from the attorney general, there will be less and less wiggle room for local law enforcement to skirt the law."

There is also the ballot box. Sheriffs are elected officials, and they could be challenged at the voting booth over their medical marijuana misbehavior, but ASA's Hermes couldn't recall a case where someone was either defeated or elected over the issue. "It is certainly an issue to bring up in sheriffs' races," he said. "If there are renegade law enforcement officials trying to skirt state law, we can try to make them feel the political heat."

Still, Hermes predicted that given the state court rulings, the pending guidelines from the attorney general, and new set of faces in Washington next year, the renegade law enforcement problem will probably recede. "If it continues to happen," he said, "there will be a political battle I think public officials will be sorry they got into. I think we will see less and less cooperation between local law enforcement and the feds on this."

A new administration in Washington could make a huge difference, Hermes said. "If we elect Obama, and he follows through on his promise to end federal raids on dispensaries, then we will hopefully see less federal activity here in California."

But the ultimate solution is changing the federal law around marijuana. Legalization, decriminalization, rescheduling marijuana out of Schedule 1, or even passage of the Hinchey-Rohrabacher amendment, which would cut off funds for federal raids in medical marijuana states, are some of the steps that could be taken.

"We need to see either marijuana rescheduled as something other than Schedule 1, or the US Supreme Court's Raich decision needs to be revisited and overruled. The logic behind that decision -- that medical marijuana grown, distributed, and consumed within California affects interstate commerce -- is a stretch at best," said Koory.

"What we need is a comprehensive federal policy in the US," said Hermes. "Rescheduling or passing Hinchey would be easier than passing either decriminalization or legalization, but we would welcome any of those. We'll be working for a sweeping federal policy that includes rescheduling, further research, and allows for safe access to medical marijuana for patients all across the country."

Until the federal marijuana laws are reformed or eliminated, medical marijuana patients are not safe. Instead, they will be subject to the whims and political proclivities of whoever has hold of the levers of power in Washington.

Click here to watch Drew Carey's video about Charlie Lynch, on Reason TV.

Southeast Asia: DEA Bringing Drug War Tactics to Vietnam

DEA agents are in Vietnam this month to train Vietnamese anti-drug officers how to conduct drug raids American-style, but local UN officials say you can't police your way out of a drug problem. Still, that's not stopping the American drug warriors from teaching door-kicking-in and other skills they consider necessary for their paramilitarized approach to drug law enforcement.

According to a report from Voice of America radio, DEA agents like Joe Boix, the agency's head firearms and tactical instructor in the state of Arizona, are showing the Vietnamese how it's done back home. As Boix watched, a column of masked Vietnamese police practiced raiding a drug den.

"Someone needs to be on that side of the door," said Agent Boix. The agents kicked in the door and enter the room. "Protect your back. Turn around now," continued Boix.

"The drug problem is an international problem, and it's killing children, and it's killing families, and it's all the same no matter where you go," Boix told VOA.

Although Vietnam is not a drug producer, it has seen rising levels of heroin addiction since it opened itself to foreign trade two decades ago. Amphetamines and ecstasy are also popular. But the DEA isn't particularly concerned about drug use in Vietnam; rather, it wants to crack down on the use of the country as a transshipment point in the global drug trade.

"Our main thrust is to go after the international organizations. We'll help them out. That's what this training is for, to help them deal with their internal problem. But we want to go after the bigger organizations, the large ones, international in scope," said Jeff Wanner, the DEA officer at the US Embassy in Hanoi.

While training exercises like the one now on-going may help increase cooperation between US and Vietnamese law enforcement, it is unlikely to reduce drug use rates in Vietnam, and may even exacerbate problems related to drug abuse, said Jason Eligh, a harm reduction specialist at the UN Office on Drugs and Crime Hanoi office.

"If police enforcement is extremely strong, extremely rigid, concerned about stopping all things related to drugs, imprisoning people, imposing strict fines, that's going to cause heroin users to flee from authority, Eligh told VOA. "In Vietnam, drug use is classified as a social evil and as a crime. Where there's strong enforcement, you're seeing drug users not want to engage in services," he said.

When tough law enforcement drives drug users underground, the result can be higher rates of HIV infection, Eligh said. Nor was he particularly enamored of the current Vietnamese approach to drug users, which is to intern them in mandatory rehabilitation camps, generally for two years, but sometimes for as long as five years, but then offers few services once drug users go back home.

"There are a number of better ways of dealing with drug dependence, and this is not one of them. Certainly methadone is by far the best approach to heroin dependence that we have in the world today," said Eligh.

Vietnam recently began implementing its first methadone maintenance programs. That's a more progressive and humane approach than either the rehab camps or American-style drug raids.

Medical Marijuana: DEA Seizes Medical Marijuana Seized By Seattle Police

Washington state has a medical marijuana law, and the city of Seattle has an ordinance making marijuana offenses the lowest law enforcement priority, but that didn't stop Seattle police from raiding the Lifevine medical marijuana co-op two weeks ago, seizing hundreds of patient files, as well as 12 ounces of dried buds and several pounds of leaf.

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California medical marijuana bags (courtesy Daniel Argo via Wikimedia)
In the wake of pointed criticism, King County Prosecutor Dan Satterberg declined to press charges against co-op operator Martin Martinez and ordered the return of the patient files. But police did not return the co-op's stolen property -- the medical marijuana.

Now, it has become clear the medical marijuana will never be returned. The Seattle Police announced Wednesday that the DEA, acting at the request of US Attorney Jeff Sullivan, took the medicine last Friday.

The DEA tersely confirmed it had seized the medicine. "Accordingly, the DEA has seized and processed the marijuana for destruction; that concludes this matter," agency spokesperson Jodie Underwood said in a statement reported by the Associated Press.

Medical Marijuana: Whole Plant Better Than Isolated Components in Pain Relief, Italian Study Finds

Scientists at the University of Milan have published a study finding that whole-plant marijuana extracts provide better relief for neuropathic pain than isolated components of the plant, like THC alone. The research is an intervention in the ongoing debate between medical marijuana supporters and herbal and alternative medicine advocates on one side and the US government, some politicians, and the pharmaceuticalized medicine industry on the other.

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Marinol advertisement on Google
"The use of a standardized extract of Cannabis sativa... evoked a total relief of thermal hyperalgesia, in an experimental model of neuropathic pain,... ameliorating the effect of single cannabinoids," the investigators reported. "Collectively, these findings strongly support the idea that the combination of cannabinoid and non-cannabinoid compounds, as present in extracts, provide significant advantages... compared with pure cannabinoids alone."

Congressional drug warriors like Rep. Mark Souder (R-IN) have long argued that marijuana is not a medicine and that any medicinal compounds in the plant should be isolated or synthesized, as is the case with Marinol, which contains one of the hundreds of cannabinoids found in the plant. The DEA takes a similar approach.

But this latest research only adds to the evidence that that position is mistaken.

A Revealing Remark From the Deputy Drug Czar

Deputy Drug Czar Scott Burns visited Arcata, CA last week to see "America’s grow house capitol" firsthand. After meeting with local authorities and accompanying police on a few marijuana raids, he said this:

…regarding enforcement, Burns seemed to offer a mixed message. While unyielding in asserting that federal law holds marijuana illegal under all circumstances and trumps all state and local medical cannabis laws, Burns nonetheless advised Arcatans to “defer 100 percent good judgment of the people who have been elected and appointed” while motioning to those present in the APD conference room. But most of them are working on guidelines under which medical marijuana may be safely cultivated and dispensed. [Arcata Eye]

I just cannot possibly point out often enough that the conflict between state and federal drug laws doesn't marginalize the value of state-level reforms. The deputy drug czar doesn’t arrive in California with a convoy of DEA super-narcs to slash and burn everything in sight. He can't do that and he knows it, as his remark clearly illustrates.

The federal war on medical marijuana is a political strategy designed to create the appearance of chaos in order to deter other states from implementing medical marijuana laws. Medical marijuana is more available than ever before, notwithstanding sporadic DEA activity in California. Yet we still hear folks suggesting that "the DEA will just swoop in and ruin everything" if we pass new marijuana reforms at the state-level. To be clear, the DEA has ruined many lives, but it has not ruined California's medical marijuana law. That should be obvious to all of us.

The DEA cannot overcome the will of voters and I'm tired of seeing the press and even some reformers helping them pretend they can.

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