Still Raiding Dispensaries

[Tony Aroma]

As I said before, the new "guidelines" are totally meaningless:

Feds to Continue Raids on Medical Pot in California

The federal government will continue raids on medical marijuana operations in California despite guidelines issued by the Justice Department two weeks ago indicating the contrary.

“I think it’s unfortunate that people have for some reason picked up on this as a change in policy, because it’s really not a change at all,” said Joseph Russoniello, federal prosecutor for the northern district of California, who was appointed in 2007 by then-President George W. Bush.

Asked if federal officials will halt investigation and prosecution of medical marijuana operations in the state, Russoniello said simply, “The short answer is no.”

The city has 23 dispensaries, four of which are in the Mission District, according to the Department of Public Health.

A memo sent Oct. 19 by Deputy Attorney General David Ogden to federal prosecutors in California and the other 13 states where medical cannabis is legal stated that law enforcement should focus on major drug trafficking networks, rather than entities “in clear and unambiguous compliance with existing state laws.”

The memo clarified a policy announced by Attorney General Eric Holder in March: Federal officials should desist from raiding and prosecuting state-approved medical marijuana providers.

Less than a week after Holder’s announcement, more than a dozen Drug Enforcement Agency agents raided Emmalyn’s California Cannabis Clinic, a medical marijuana cooperative located near the intersection of 12th and Howard streets on the edge of the Mission District.

“They came in with their guns drawn and pointed them right in our faces like we are criminals,” said Rose, a quiet Filipino woman with rheumatoid arthritis who manages the spotless clinic. “They twisted one of our patient’s arms and put a gun to his head. He was crying. It was so scary.”

The agents confiscated plants and medical cannabis, which were never returned. Nobody was arrested and no charges were ever filed.

The clinic, which has 4,500 registered patients, is a nonprofit medical marijuana dispensary that is licensed by the city, Rose said.

It only sells marijuana grown specifically for its patients, all of whom must have a medical marijuana card issued by the state of California and a valid state ID.

Inside the doors of the clinic, meticulously guarded by a polite but stringent doorman, the clinic greets customers with Zen-like simplicity, meditative music and more than 20 strains of pot.

Prices range from $10 per gram for Space Queen to $20 for Super Grape and ChemDog.

Last year, State Attorney General Jerry Brown set guidelines mandating that city dispensaries are legally required to operate as not-for-profit collectives or cooperatives.

That means they can only obtain cannabis from growers that are members of their co-op or collective, and their customers have to be members too.

Russoniello said many dispensaries in San Francisco and around California aren’t really not-for-profit, and he will prosecute any distributor fraudulently operating as a commercial enterprise in violation of state laws.

“By that I mean people who are in it as if they were running a neighborhood candy store instead of running a commune, a collective or a group club that caters only to specific identified persons,” he said.

The DEA operation against Emmalyn’s in March was the only raid that has been conducted in San Francisco in 2009 to date, said DEA spokeswoman Casey Minor.

Asked if federal agents are currently preparing to raid dispensaries suspected of illegal activities, Russoniello declined to comment.

“I cannot affirm or deny the existence of ongoing criminal investigations,” he said.

The statements made by Northern California’s top prosecutor stand in stark contrast to the guarded optimism of many medical pot activists in the city in response to the Justice Department’s recent guidelines.

“You’re going to see a change,” said Mark, who helps run Medithrive, a dispensary on Mission Street that has been open for six weeks and has about 1,100 patients. “There is going to be a new demographic of patients that were worried about the federal aspect.”

That may be true, but Russoniello said it’s a mistake to think recent Justice Department guidelines will mean no more raids.

“Whether people understand that there is a very high risk of detection and prosecution if they are engaged in this business as a commercial enterprise, I don’t know,” he said.

Back at Emmalyn’s, Rose said she is diligently making sure the clinic complies with all state laws, but she’s still fearful federal agents could again show up at her door.

“We just provide medicine for our patients, and we try to be as compassionate as we can,” she said in a soft voice. “Last time was traumatizing. I don’t want to feel that again.”

http://www.cannabisculture.com/v2/content/feds-continue-raids-medical-pot-california

On the bright side, at least they're not arresting people. Just holding them at gunpoint and stealing their medicine.

 

[PharmaCan]

Old drug warriors never die... This Russoniello character just doesn't seem to get the message. I hope Holder has the balls to reassign his ass to Nome. These are legitimate businesses. If the government has a problem with them they should come armed with subpoenas, not weapons. These Gestapo-like tactics are way the fuck out of line.

I can't help but wonder if these assholes have their circle jerk before or after their raids - or both.

Oh, BTW Russoniello, the cartels send their love and encourage you to keep up the good work making sure that the black market has no legal competition.

PC

 

[djam]

I am all for collectives / co-ops , but the prices do not seem like " compassionate medicine "
If they were just called coffee shops then prices would not matter . But when you are operating on the basis of a NON-profit caregiver and do not follow the guidelines what do the clubs expect ?

 

[SpasticGramps]

It's going to the wild wild west all over the US until federal legalization is institutionalized. Fucking pigs with nothing better to do. What comes around goes around and I hope it kicks Russoniello right in balls when it hits him.

 

[DiscoBiscuit]

SpasticGramps is right.

The ski town of Breckenridge, CO votes on legalization today. The initiative includes paraphernalia and would make Breckenridge the first city in America to legalize mj paraphernalia.

The trouble is, pot is still illegal in the county and state w/o a med card. If the initiative passes, a Breckenridge police officer would do nothing to a pot smoker while a county deputy or Colorado State Trooper might arrest, depending on the circumstances. If a situation occurs in Breckenridge, it will depend on the specific leo agency to determine what jurisdiction the perp is booked (or otherwise) not arrested at all, lol.

I knew there would be obstinate local and state officials that reject Holder's advisory. I didn't expect his own employees would muck things up too.

Is it possible the raided co-op was breaking state law? Without arrest, charges and a hearing we'll never know. Confiscation w/o arrest and prosecution is just government sanctioned theft unless they can prove otherwise.

 

[wintermute]

I am all for collectives / co-ops , but the prices do not seem like " compassionate medicine "
... when you are operating on the basis of a NON-profit caregiver and do not follow the guidelines what do the clubs expect ?

This is the critical issue - the majority of existing dispensaries in CA are at risk until legal for-profit sales are allowed. A clear and unambiguous non-for-profit collective looks a lot different than the "enter, show card, buy weed for $XX per gram" model more commonly encountered.

A dispensary in Spokane, WA tried a similar loophole where upon entry you signed caregiver/grower status to the dispensary business entity and then rescinded such election when leaving.

Breckenridge has the right idea. Get the state, county and city to all legalize medicinal and recreational use. Regulate for profit dispensaries if needed / elected and let private or collective growers have their privacy. Then the feds would be forced to go fly a kite!

 

[zenoonez]

I am all for collectives / co-ops , but the prices do not seem like " compassionate medicine "
If they were just called coffee shops then prices would not matter . But when you are operating on the basis of a NON-profit caregiver and do not follow the guidelines what do the clubs expect ?

If you know you are going to go to federal court some day for what you are doing, perhaps their prices serve to protect them from the ongoing drug war and war against freedom in this country.

 

[PoopyTeaBags]

just shows who really runs are government and its not obama..... Cash and plenty of it is given to our DEA....

 

[gogoplata420]

LEAVE BRITNEY ALONE!

 

[Marshmello]

You must spread some Reputation around before giving it to gogoplata420 again.

Ha!

 

[DiscoBiscuit]

Breckenridge has the right idea. Get the state, county and city to all legalize medicinal and recreational use. Regulate for profit dispensaries if needed / elected and let private or collective growers have their privacy. Then the feds would be forced to go fly a kite!

Remember, the top fed is leaning towards us. Getting the rest of the country to fall in line is the hard part. Even if legalization happens at the federal level there will still be localities that maintain prohibition, at least against sales and maybe more. In that regard, feds won't grant all our wishes.

 

[fully baked]

I'm real curious to hear how the breckenridge vote comes out. Please keep us updated discobiscuit!!

 

[jescowhite]

where's bluedot? ... or is he too busy wiping the jizz off his keyboard

 

[SpasticGramps]

Remember, the top fed is leaning towards us. Getting the rest of the country to fall in line is the hard part. Even if legalization happens at the federal level there will still be localities that maintain prohibition, at least against sales and maybe more. In that regard, feds won't grant all our wishes.

Very true. Alcohol laws are still very different across all states. There are still several dry counties in Texas and in some states you can't buy hard liquor at the grocery store, some states etc etc. New Orleans is 24 hours a day. I can't imagine how convoluted it's going to be with herb getting legalized.

 

[Blue Dot]

These Gestapo-like tactics are way the fuck out of line.

Why would a federal agency that deals with criminal drug laws use subpoenas, and not weapons?

Should they subpoena crack houses also?

Just because it's pot doesn't mean there aren't criminals making illict gains.

You try to make it sound like just by the mere fact that they are a dispensary automatically means they aren't criminals.

Your flaw is you think they are mutually exclusive.

 

[medmaker420]

last ditch effort, didn't they do this as well with alcohol?

try one last shot at getting as much money, property, people, buds as possible

try and stop the government from doing anything and they act like children acting worse just to spite you.

fuck them its a plant and once enough of us lazy asses get off our asses and take back what's ours (OUR COUNTRY) they will be shaking in their boots and many feds will be out of jobs and hopefully removed from society. Ship em to iraq or something and let those who hate us americans finally be able to get back at those who actually make us look like a shitty country.

 

[medmaker420]

Why would a federal agency that deals with criminal drug laws use subpoenas, and not weapons?

Should they subpoena crack houses also?

Just because it's pot doesn't mean there aren't criminals making illict gains.

You try to make it sound like just by the mere fact that they are a dispensary automatically means they aren't criminals.

Your flaw is you think they are mutually exclusive.

wait are you serious?

is it the selling of plants that you feel should be illegal?

does a card really decide whether you get to smoke or do 20 years?

how sad of an argument is that.

 

[zenoonez]

All drugs should be legal. End of story. Suck on that Blue Dot. Oh and fuck the feds. If they were met with half the violence they perpetrate against American citizens they would run with their tail between their legs just like they did at Waco.

 

[Tony Aroma]

Remember, the top fed is leaning towards us. Getting the rest of the country to fall in line is the hard part. Even if legalization happens at the federal level there will still be localities that maintain prohibition, at least against sales and maybe more. In that regard, feds won't grant all our wishes.

Good point. Even it we get legalization at the national level, every state in the union has its own laws making mj illegal. Granted, in some it is decriminalized, but still illegal. It would take time for state and local laws to change, and of course, some may not. And if you're talking strictly numbers, most mj arrests and convictions are at the state and local level.

 

[Moldy Dreads]

where's bluedot? ... or is he too busy wiping the jizz off his keyboard

Give him time...

You try to make it sound like just by the mere fact that they are a dispensary automatically means they aren't criminals.

Your flaw is you think they are mutually exclusive.

and you lump them all under the "exception of the rule", so I guess you both reflect the extremes in this issue.

Dispensaries offer access to unlimited meds to many patients whom otherwise would be suffering and dying with toxic pills or no therapy at all..

Talk shit all you like, but I don't see many other models offering the needed access..
Collectives and Coops are definitely the way to go in the medium and long term, but right now, people need access and the ones providing it are clubs, but talking shit from behind a keyboard is easy..

BD never ceasing to talk smack.....