San Francisco Pot Raid Clouds Federal Drug Policies

Yesterday's federal raid on the locally permitted SoMa medical marijuana dispensary Emmalyn's California Cannabis Clinic caused confusion about what local growers can expect from an Obama Administration that recently announced that it would no longer be conducting such raids.

Drug Enforcement Administration officials are saying little about the raid, which came on a Wednesday, the day Emmalyn's gives out free marijuana to poor patients. But the DEA seemed to be trying to dance around the conflict with the public statement, "Based on our investigation, we believe there are not only violations of federal law, but state law as well."

Assembly member Tom Ammiano, whose Assembly Bill 390 would decriminalize even recreational uses of marijuana, told the Guardian that the raid sends a troubling message and could indicate internal conflicts within the administration.

"It's a little vigilante for me. They're obviously try to flex their muscles, probably to have a showdown with the Obama Administration," Ammiano said of the DEA. "The dispensaries are going to be in the crosshairs of this struggle."

Marijuana advocacy organizations such as the Marijuana Policy Project and Americans for Safe Access today issued statements decrying the raid and calling on President Barack Obama to clarify fed policies and rein in the DEA.

"It is disturbing that, despite the DEA's vague claims about violations of state and federal laws, they apparently made no effort to contact the local authorities who monitor and license medical marijuana providers," said Marijuana Policy Project California policy director Aaron Smith. "For an agency that for eight years said it couldn't care less about state law to suddenly justify raids as an effort to uphold state law simply doesn't pass the smell test."

While sources told the Chronicle that the state laws in question deal with unpaid sales taxes, Ammiano notes that dispensary operators have been busted for trying to pay taxes to show they're legit, leaving operators with no clear pathway for avoiding a raid. "It think [U.S. Attorney General Eric] Holder was clear, but now the president has to be clear, too," Ammiano said, noting that Obama has recently sidestepped questions on the issue.

While local marijuana advocates are pushing for answers and looking for support from a city government that has required them to go through an official permitting process, Mayor Gavin Newsom appears to be trying to avoid the issue. Asked whether the mayor had a position on the raid and whether he was consulted in advance, spokesperson Nate Ballard told the Guardian, "The Mayor was not briefed in advance. He supports medical cannabis, but has no comment on this particular case. He has not been briefed about the particulars."

Ballard has not answered follow-up questions about whether anyone from the Mayor's Office is seeking more information about the raid or whether Newsom might have a statement about it later.

Meanwhile, Ammiano says he's now marshalling allies and information to try to win approval for AB 390 and said the first hearing on the measure is still probably months away.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Francisco Bay Gaurdian
Author: Steven T. Jones
Contact: San Francisco Bay Gaurdian
Copyright: 2009 San Francisco Bay Gaurdian
Website: SF Pot Raid Clouds Federal Drug Policies
 
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