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Medical Marijuana: First California DEA Arrests Under Obama Took Place Last Week

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.
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Argentine Supreme Court to Decriminalize Drug Possession Today

The Argentine Supreme Court is expected to issue a ruling decriminalizing drug possession for personal use today. The ruling will come in the case of five juveniles arrested with marijuana in the city of Rosario. The case has been under consideration by the high court for almost a year. The Argentine federal government has been reviewing its drug laws with an eye toward abandoning repressive policies toward users and is waiting for this case to be decided to move forward with new legislative proposals. Supreme Court Justice Carlos Fayt told the Buenos Aires Herald that the court had reached a unanimous position on decriminalization, but declined to provide further details. A positive Supreme Court decision on decriminalization would ratify a number of lower court decisions in recent years that have found that the use and possession of drugs without causing harm to others should not be a criminal offense.
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First Time

I'm 17 years old and have been in treatment for 3 years. I've been out for two months, and my goal with writing this blog or whatever is just to write whatever's on my mind.
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Will Foster Extradited to Oklahoma

Medical marijuana patient Will Foster is en route to prison in Oklahoma after being picked up Friday by Oklahoma law enforcement officials. He had been held at the Sonoma County Jail in Santa Rosa, California, for the past 15 months as he fought bogus marijuana cultivation charges there--he was a registered patient with a legal grow--and, after the California charges were dropped, on a parole violation warrant from the Sooner State. Foster had been arrested and convicted of growing marijuana in Oklahoma and sentenced to 93 years in prison in the 1990s. After that draconian sentence focused national attention on his case, he was eventually resentenced to 20 years in prison. He later won parole and moved to California, where he served three years on parole and was discharged from parole by California authorities. That wasn't good enough for vindictive Oklahoma authorities, who wanted to squeeze more years out of Foster. He refused to sign Oklahoma paperwork requiring him to return there to serve out the remainder of his sentence. He also refused to sign paperback that extended his original service. Oklahoma authorities issued a parole violation warrant, and the governors of both states signed it. Foster had sought to block extradition by filing a writ of habeas corpus--he had won a similar writ against Oklahoma earlier--but that effort failed on Friday, and Oklahoma authorities were there to whisk him away. Foster is scheduled to be held at the Tulsa County Jail before being assigned to a prison in the Oklahoma gulag. Efforts by Foster supporters to secure his release continue and are now focusing on Oklahoma parole authorities and the state governor. For more information about the Foster case, see our Chronicle story here and at Ed Rosenthal's blog here. Drug War Chronicle will continue to follow the Foster case. Look for a feature article next week.
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Every Year is a Record Year for Marijuana Eradication

Each August, like clockwork, you can expect to see announcements like this one about the success of this year's marijuana eradication efforts:
According to the Campaign Against Marijuana Planting, a multiagency task force managed by the state’s Bureau of Narcotic Enforcement, this year is already one for the record books. In more than 425 raids since late June, some 3.4 million plants have been seized, up from 2.9 million all of last year. And, officials note, they still have roughly a month and a half before the campaign expires with the end of harvest season. [NYT]
So, if more marijuana is seized each year, what does that mean? It means there's more marijuana every year. The harder you try to stop people from growing marijuana in the forest, the more marijuana they will plant. It's a very simple and predictable routine, such that one could easily republish last year's news coverage of this same phenomenon without changing a word and no one would know the difference.

The only variable in this equation is the finite acreage of our forests, which will eventually be destroyed under a policy that serves to increase rather than eliminate the practice of illicit outdoor marijuana cultivation.

Actually, come to think of it, there's a second variable here: our marijuana laws. If we changed them to allow personal marijuana growing on private property, then nobody would grow pot in virtually inaccessible patches of fragile wilderness. How many more harvest season eradication records will be set before that reality begins to sink in?

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Mexico's new drug laws

Supposedly, as part of a plan to reduce small-time drug sales, the Mexican government has decriminalized the possession of what they consider appropriate for personal use.
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Imitation is the sincerist form of flattery

"...I say segregation now, segregation tomorrow, segregation forever." - George Wallace, Governor of Alabama; 1963 "Legalization is not in the president's vocabulary, and it's not in mine," - Gil Kerlikowske, Director of the White House's Office of National Drug Control Policy; 2009