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Uh-Oh! Medical Marijuana Raid in San Francisco

Submitted by smorgan on
Very unsettling:

Federal drug agents raided a medical marijuana facility in San Francisco Wednesday night.

The raid occurred at Emmalyn's California Cannabis Clinic at 1597 Howard Street. DEA spokeswoman Casey McEnry told CBS 5 the documents regarding the raid are sealed, so the DEA was not able to give many details.

"The documents relating to today's enforcement operation remain under court seal. Based on our investigation we believe there are not only violations of federal law, but state law as well." [CBS]

By claiming the case involves violations of state law, DEA is able to maintain the appearance of abiding by the attorney general's pledge to respect state medical marijuana laws. We're left to wonder if that will now become their blanket justification, to be invoked each time they elect to move in on an established medical marijuana provider. No one was arrested in today's raid, so we'll likely be waiting a while to find out what the hell happened.

The skeptical interpretation is that nothing's changed, that the feds will simply be more careful with the wording they use to describe future enforcement efforts that target medical providers. A worst-case scenario would the adoption of a policy in which the full force of federal law is brought down upon any medical marijuana provider who is accused of even a minor violation of state law. Defendants facing only federal charges would have no means to contest the grounds on which they were targeted to begin with. The practical value of Obama's purported policy shift would be negligible.

However, even if that's DEA's gameplan (which wouldn’t surprise me at all), I doubt it could withstand scrutiny. The salient question of why DEA is usurping the responsibilities of state law-enforcement won't escape notice and press coverage of these events grows increasingly competent as the issue continues to boil.

Obama's position on medical marijuana owes a great deal to pure political pressure resulting from the deep unpopularity of the raids themselves. The public simply hates this and won't be satisfied with a fictitious shell-game solution that merely reframes what DEA is actually doing.

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