T
The420Guy
Guest
As the federal Drug Enforcement Administration carries forward its
campaign against medical marijuana patients, the pattern that seems
apparent is that the DEA is using federal enforcement activities to
make null and void the state law authorizing patients to use
marijuana medicinally that California voters approved way back in
1996. Fortunately, some California communities are resisting federal
hegemony.
What the DEA is doing may be technically legal, but it is politically
and morally reprehensible. The U.S. Supreme Court ruled last year
that federal law does not provide a medical exception to marijuana
prohibition. But it did not rule that federal law trumps the state
law and makes it invalid. It simply said that in this area, as in
some others, state and federal law differ. State authorities are
bound to uphold state law and federal officials enforce federal law.
In the past, the feds left relatively small-scale plantings for
recreational use to local officials, filing federal charges only when
1,000 plants or more were involved. Lately, however, it has gone
after prominent leaders in the medical-marijuana movement, perhaps in
the belief that punishing them will intimidate other patients.
Thus it raided the Los Angeles cannabis club and seized all its
plants, but filed no charges. It raided a prominent grower in Ventura
and did file charges. It raided Ed Rosenthal, a patient in Oakland
and former writer for "High Times" magazine and has filed charges. It
raided the Santa Cruz cannabis co-op, handcuffing at least one person
in a wheelchair and destroying plants but filing no charges.
Last week, after previously seizing the 20 plants he has openly grown
(behind a high fence) in his yard, it arrested Steve McWilliams, a
patient and caregiver in San Diego who has served on the city's
medical cannabis task force developing local guidelines for
implementing Prop. 215.
In Santa Cruz, city officials protested and made City Hall available
for distribution of medical marijuana. California Attorney General
Bill Lockyer protested and asked the DEA to desist. In San Diego, far
from being intimidated, a City Council committee approved guidelines
allowing patients to possess up to three ounces of cannabis with a
city ID card. Medical marijuana patients and advocates held a rally
at the state Capitol.
The stage is set for a classic test of federalism. Federal agents can
claim they are just enforcing the law. State officials can say that
if there is no interstate commerce the feds should butt out.
We think the feds should come out from behind their camouflage
outfits and fight fair. If they want to invalidate California's law,
let them challenge it in court rather than through selective
enforcement and intimidation.
Source: Orange County Register (CA)
Webpage:
https://www2.ocregister.com/ocrweb/ocr/article.do?id=7826§ion=COMMENTARY&year
=2002&month=10&day=21
Pubdate: 21 Oct 2002
campaign against medical marijuana patients, the pattern that seems
apparent is that the DEA is using federal enforcement activities to
make null and void the state law authorizing patients to use
marijuana medicinally that California voters approved way back in
1996. Fortunately, some California communities are resisting federal
hegemony.
What the DEA is doing may be technically legal, but it is politically
and morally reprehensible. The U.S. Supreme Court ruled last year
that federal law does not provide a medical exception to marijuana
prohibition. But it did not rule that federal law trumps the state
law and makes it invalid. It simply said that in this area, as in
some others, state and federal law differ. State authorities are
bound to uphold state law and federal officials enforce federal law.
In the past, the feds left relatively small-scale plantings for
recreational use to local officials, filing federal charges only when
1,000 plants or more were involved. Lately, however, it has gone
after prominent leaders in the medical-marijuana movement, perhaps in
the belief that punishing them will intimidate other patients.
Thus it raided the Los Angeles cannabis club and seized all its
plants, but filed no charges. It raided a prominent grower in Ventura
and did file charges. It raided Ed Rosenthal, a patient in Oakland
and former writer for "High Times" magazine and has filed charges. It
raided the Santa Cruz cannabis co-op, handcuffing at least one person
in a wheelchair and destroying plants but filing no charges.
Last week, after previously seizing the 20 plants he has openly grown
(behind a high fence) in his yard, it arrested Steve McWilliams, a
patient and caregiver in San Diego who has served on the city's
medical cannabis task force developing local guidelines for
implementing Prop. 215.
In Santa Cruz, city officials protested and made City Hall available
for distribution of medical marijuana. California Attorney General
Bill Lockyer protested and asked the DEA to desist. In San Diego, far
from being intimidated, a City Council committee approved guidelines
allowing patients to possess up to three ounces of cannabis with a
city ID card. Medical marijuana patients and advocates held a rally
at the state Capitol.
The stage is set for a classic test of federalism. Federal agents can
claim they are just enforcing the law. State officials can say that
if there is no interstate commerce the feds should butt out.
We think the feds should come out from behind their camouflage
outfits and fight fair. If they want to invalidate California's law,
let them challenge it in court rather than through selective
enforcement and intimidation.
Source: Orange County Register (CA)
Webpage:
https://www2.ocregister.com/ocrweb/ocr/article.do?id=7826§ion=COMMENTARY&year
=2002&month=10&day=21
Pubdate: 21 Oct 2002
