A rag-tag band of protesters met in front of the Federal Building this morning (March 25th, 2008) to protest the recent DEA raids on pot dispensaries in the Los Angeles area this past week, and the ransacking of a home owned by one of the distributor's, Virgil Grant.
"They grabbed cash, the marijuana, and various documents in the house, such as passports, records, and such," he noted in frustration to the crowd who were all revved up and ready to take their anger to the streets.
When I arrived at 255 East Temple in downtown Los Angeles at approximately 11:00 a.m., there were just a handful of protesters present, and one lone media type setting up to shoot footage of the rally.
Within minutes, a pleasant security guard strolled over and pointed out that no filming was allowed on Federal property; subsequently, the young lady set up her camera on the sidewalk, as instructed. The guard then asked what group was involved with the protest, signaling that the FEDS were unaware that the event was about to descend on them.
Caught with their pants down, for once!
The rally proceeded in quite an orderly and upbeat fashion; however, one officer was a bit testy. When a couple of protesters strayed off the curb, she barked out at them to "get out of the street", and gave a hostile look like she'd bust 'em in two minutes flat. I tell "ya, there's nothing worse than a female officer who thinks she has a set of ba**s.
Yeah, I know, former Police Chief Daryl Gates liked their upper body strength.
When a small posse of officers suddenly appeared from inside of the Federal Building to observe on the sidelines, she backed off.
Shortly after I pointed out that "Americans for Safe Access" were holding the rally to protest against the recent DEA raids - as if by clockwork - protesters started to filter out of the woodwork onto the busy thoroughfare - waving signs - and loudly chanting,
"DEA. Go Away"
The media started to drift in, and were immediately captivated by the strident messages being flogged to fascinated passers-by who honked their horns in support as they cruised by.
One read, "Patients are not criminals".
Another, "Prohibition creates crime".
A favorite of many, "Stop DEA oppression of State Law"
As I reported in my post yesterday (DEA Protests; March 24th, 2008) California residents overwhelmingly voted in favor of Proposition 215 - a compassionate measure to allow patients the use of Marijuana for medicinal purposes.
But, since the initiative passed a few years ago, no State Official - not even joint-smoking Governor Schwarzenegger of "Pumping Iron" days - has stood up to the FEDS on the issue, or taken any legitimate action to protect medical marijuana users from demeaning busts.
In fact, since the Supreme Court ruled earlier this year that marijuana continue to be deemed a banned substance, without any medicinal properties, the FEDS appear to have taken it as a cue to have a field day and crack heads!
For example, in recent months, there have been reports of abusive conduct by Federal Agents, destruction of property, and a pervasive bold-faced effort by the DEA (well-documented on this blog and in the National media) to crush the patients who take marijuana for medical purposes, and those who supply it.
Interestingly, a couple of the suppliers at the rally today noted that they have been paying taxes on their sales, and making a concerted effort to meet all the criteria required by State Statutes, in a good-faith effort not to run afoul of the Law.
As one protester noted - the fact that the State Franchise Board accepts "taxes" on the sales - tends to infer that there is a "backdoor" acceptance of the dispensaries and the services they are providing.
In my opinion, if the State is not willing to stand up to the FEDS, and support the initiative voted in by California residents, they should give the tax money they've collected to date (allegedly hundreds of thousands of dollars) back.
That's logical, isn't it?
Instead, it appears that monies from the State coffers are being used to effectively "close down" the pot dispensaries with the specific aim of squelching the whole medical marijuana movement in the process.
A case in point...
It is alleged that local law enforcement - the LAPD, for instance - are assisting the FEDS with their raids.
"All the City Council has to do is tell the LAPD to stop, and they will have to," argued one advocate at the rally this morning.
Why don't they?
Don Duncan, one of the organizers of the event - and a cornerstone of "Americans for Safe Access" - met with City Council this morning (March 25th, 2008) and it appears there may be hope on the horizon. More later, on that.
In the meantime, it is important to note that a Supreme Court ruling this past week, appeared to open a crack in the door towards legalization of marijuana outright.
Originally, Felix Kha Kha, sought the return of 8 grams of medical marijuana that was seized by police in June of 2005 in an unrelated criminal matter.
In a ruling issued by a lower court that rejected law enforcement's claim that federal law preempts the state's medical marijuana law, the Appellate court asserted,
"We do not believe the federal drug laws supersede or preempt Kha's right to the return of his property." The court further stated that, "it is not the job of the local police to enforce the federal drug laws..."
The Feds appealed to the California Supreme Court.
On Wednesday, March 19th, the California Supreme Court decided not to review last year’s landmark return of the property decision in "Garden Grove v. Superior Court".
By affirming the appellate court’s decision, the Supreme Court has made protection against seizure of medical marijuana by law enforcement legally binding throughout the state of California.
In sum, Law Enforcement is barred from confiscating marijuana prescribed for patients legally entitled to medical marijuana - and in the future - all seized pot must be returned forthwith, or a reimbursement must be shelled out to compensate for the loss of the illegally-seized marijuana.
Mr. Duncan also noted that the "House Judiciary Committee" will be reviewing the conduct of the DEA in upcoming hearings.
In fact, last week, Judiciary Committee Chair - Rep. Conyers (D-MI) - pledged to investigate the DEA’s recent and ongoing tactics threatening the safety and security of state-sanctioned patients, providers, and innocent third-party landlords.
In a prepared statement, Conyers noted,
"I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."
Since the DEA began raiding medical cannabis dispensing collectives in 2002, Congress has never held a hearing to investigate the goal of these raids, how much these raids are costing taxpayers in both dollars and precious resources, or what impact these raids are having on patients and the state and local governments attempting to regulate the distribution of medical marijuana in accordance with state law, according to Americans for Safe Access attorneys.
The hearings should prove to be very fruitful once they are launched.
In addition to the aforementioned issues to be raised during regular oversight hearings, ASA and its members are also asking the House Committee to conduct a comprehensive investigation concerning DEA's activity in California and in other medical marijuana jurisdictions to determine the extent of potential wrong-doing and abuses - with the ultimate aim of ensuring that individuals who are in compliance with state and local regulations are not targeted by federal raids, imprisonment or threats of asset forfeiture, in the near or distant future.
Until then, Americans for Safe Access, continue the "good fight", while Governor Schwarzenegger cowers in the shadows.
Come on, Arnold, terminate those b**tards!
Don't bogart that joint, Arnold!
