T
The420Guy
Guest
The dispute over medical marijuana has turned into a war of words,
providing yet more proof of a deepening conflict between California
and the U.S. Justice Department over whether medical marijuana
providers should be left alone.
Last month, California Attorney General Bill Lockyer complained about
recent federal raids of California cannabis clubs in a letter to U.S.
Attorney General John Ashcroft and Asa Hutchinson, chief of the U.S.
Drug Enforcement Administration.
In the letter, Lockyer called the raids "wasteful, unwise and
surprisingly insensitive," because California law allows the use of
marijuana for medical purposes. He said a recent raid in Santa Cruz
demonstrated "a lack of good judgment" and that the federal
government's approach threatened to derail the state's partnership
with the DEA in fighting drug trafficking. Lockyer urged federal
officials to meet with him in an attempt to reach a compromise.
Copies of the letter were forwarded to all California U.S. attorneys,
including San Diego's top federal prosecutor Carol Lam, and the heads
of three DEA offices in California.
Yesterday, Lockyer's office got a response showing that the federal
government isn't about to back down from its stance that the
distribution of marijuana - whether for medical use or not - violates
U.S. drug laws.
"Your repeated references to 'medical' or 'medicinal' marijuana
illustrates a common misperception that marijuana is safe and
effective medicine," Hutchinson wrote in a four-page letter provided
to The San Diego Union-Tribune. "The scientific community has never
determined this to be the case."
Hutchinson also contended that California's law is "being abused" by
traditional marijuana traffickers.
The exchange of letters comes as medical marijuana activists are
complaining that the DEA has increased the number of agency-backed
raids in the last year. In San Diego last week, federal agents
uprooted a pot garden grown by medical marijuana activist Steve
McWilliams. Although no arrests were made, agents said the U.S.
Attorney's Office could still decide to bring charges against
McWilliams or his partner, Barbara MacKenzie.
In 1996, California voters approved Proposition 215, which allows
patients to grow and use marijuana for medicinal purposes. In July, a
California Supreme Court ruling gave medical-marijuana patients
limited immunity from prosecution.
Seven other states also have adopted medical marijuana laws.
In Hutchinson's polite but firmly worded letter, he agreed to meet
with state officials. But he emphasized that the DEA has the
authority to continue to confiscate marijuana plants unless the U.S.
Congress decides otherwise.
"In other words, when marijuana is observed in the ordinary course of
law enforcement duties, (the) DEA is legally mandated to seize it,
even if no prosecution results," Hutchinson wrote.
Hutchinson said his agency's position is supported by a U.S. Supreme
Court ruling that held medical need can't be used in a defense
against marijuana charges in federal court, no matter what state law
has approved.
Hallye Jordan, Lockyer's spokeswoman, said her office was still
reviewing the letter but was pleased to get a response, no matter
what the content.
"The lines of communication are open," she said. "At least we're talking."
Source: San Diego Union-Tribune (CA)
Webpage: https://www.signonsandiego.com/news/metro/20021001-9999_1m1letter.html
Pubdate: 02 Oct 2002
providing yet more proof of a deepening conflict between California
and the U.S. Justice Department over whether medical marijuana
providers should be left alone.
Last month, California Attorney General Bill Lockyer complained about
recent federal raids of California cannabis clubs in a letter to U.S.
Attorney General John Ashcroft and Asa Hutchinson, chief of the U.S.
Drug Enforcement Administration.
In the letter, Lockyer called the raids "wasteful, unwise and
surprisingly insensitive," because California law allows the use of
marijuana for medical purposes. He said a recent raid in Santa Cruz
demonstrated "a lack of good judgment" and that the federal
government's approach threatened to derail the state's partnership
with the DEA in fighting drug trafficking. Lockyer urged federal
officials to meet with him in an attempt to reach a compromise.
Copies of the letter were forwarded to all California U.S. attorneys,
including San Diego's top federal prosecutor Carol Lam, and the heads
of three DEA offices in California.
Yesterday, Lockyer's office got a response showing that the federal
government isn't about to back down from its stance that the
distribution of marijuana - whether for medical use or not - violates
U.S. drug laws.
"Your repeated references to 'medical' or 'medicinal' marijuana
illustrates a common misperception that marijuana is safe and
effective medicine," Hutchinson wrote in a four-page letter provided
to The San Diego Union-Tribune. "The scientific community has never
determined this to be the case."
Hutchinson also contended that California's law is "being abused" by
traditional marijuana traffickers.
The exchange of letters comes as medical marijuana activists are
complaining that the DEA has increased the number of agency-backed
raids in the last year. In San Diego last week, federal agents
uprooted a pot garden grown by medical marijuana activist Steve
McWilliams. Although no arrests were made, agents said the U.S.
Attorney's Office could still decide to bring charges against
McWilliams or his partner, Barbara MacKenzie.
In 1996, California voters approved Proposition 215, which allows
patients to grow and use marijuana for medicinal purposes. In July, a
California Supreme Court ruling gave medical-marijuana patients
limited immunity from prosecution.
Seven other states also have adopted medical marijuana laws.
In Hutchinson's polite but firmly worded letter, he agreed to meet
with state officials. But he emphasized that the DEA has the
authority to continue to confiscate marijuana plants unless the U.S.
Congress decides otherwise.
"In other words, when marijuana is observed in the ordinary course of
law enforcement duties, (the) DEA is legally mandated to seize it,
even if no prosecution results," Hutchinson wrote.
Hutchinson said his agency's position is supported by a U.S. Supreme
Court ruling that held medical need can't be used in a defense
against marijuana charges in federal court, no matter what state law
has approved.
Hallye Jordan, Lockyer's spokeswoman, said her office was still
reviewing the letter but was pleased to get a response, no matter
what the content.
"The lines of communication are open," she said. "At least we're talking."
Source: San Diego Union-Tribune (CA)
Webpage: https://www.signonsandiego.com/news/metro/20021001-9999_1m1letter.html
Pubdate: 02 Oct 2002