NEWS
Americans for Safe Access (ASA), the country's largest medical marijuana advocacy organization, filed suit in federal court today challenging the Obama Administration's attempt to subvert local and state medical marijuana laws in California. ASA argues in its lawsuit that the Obama Justice Department (DOJ) has "instituted a policy to dismantle the medical marijuana laws of the State of California and to coerce its municipalities to pass bans on medical marijuana dispensaries." The DOJ policy has involved aggressive SWAT-style raids, criminal prosecutions of medical marijuana patients and providers and threats to local officials for merely implementing state law, ASA's press release says.
"Although the Obama Administration is entitled to enforce federal marijuana laws, the Tenth Amendment forbids it from using coercive tactics to commandeer the law-making functions of the State," said ASA Chief Counsel Joe Elford, who filed the lawsuit today in San Francisco's federal District Court. "This case is aimed at restoring California's sovereign and constitutional right to establish its own public health laws based on this country's federalist principles." The ASA lawsuit, which seeks declaratory and injunctive relief, was filed on behalf of its 20,000 members in California who are directly and adversely affected by the DOJ actions.
Although the lawsuit accuses the Obama Administration of commandeering California's legislative function and interfering with local laws meant to distinguish between medical and non-medical use, it does not challenge the federal government's authority to adopt and enforce federal marijuana laws. The lawsuit states that, "It is, rather, the...misuse of the government's Commerce Clause powers, designed to deprive the State of its sovereign ability to chart a separate course, that forms the basis of plaintiffs' claims."
Faced with a threat of litigation from the California Cannabis Association, Sacramento County has decided not to pursue its proposed "urgency" medical cannabis ordinance. Among other things, the draft ordinance would have banned outdoor cultivation of medical cannabis, placed unconstitutional limits on indoor cultivation, threatened hundreds of local jobs, and blocked safe access to medical cannabis for the patients who need it most.
"Sacramento County was attempting to use its emergency powers to pass Draconian regulations where no real emergency exists," said Amir Daliri, CCA's government relations director. "We're pleased that they've abandoned that flawed approach, and we look forward to working with the county as we develop regulations that include input from medical cannabis patients, growers and dispensaries."
The announcement followed the June 21 meeting of the county Board of Supervisors, which drew hundreds of medical cannabis patients and activists in a marathon meeting that lasted nearly six hours. Sacramento attorney George Mull, who serves as CCA's president, advised the board he would file a lawsuit should the board adopt the ordinance as presented. The county used the urgency process to pass a dispensary moratorium and extension in 2004, Mull noted, so the same process couldn't be used again to pass new regulations without public input.
"The county's failure to pass regulations sooner doesn't constitute an emergency," Mull said. "We've asked the county before to enact reasonable regulations, and we hope that can still happen with full public hearings before the Planning Commission and Board of Supervisors."
The June 21 board meeting highlighted several issues of concern for county supervisors, law enforcement, and stakeholders including medical cannabis patients, growers and collective-dispensaries operating within the county. Among other proposals, CCA will now ask Sacramento County to place a temporary hold on the formation of new dispensaries; to issue interim operating permits for existing dispensaries that meet certain requirements; and to provide full stakeholder input during the development of a permanent medical cannabis ordinance.
California Cannabis Association joins statewide coalition protesting federal crackdown on medical marijuana patients
SACRAMENTO – The California Cannabis Association is joining a coalition of advocacy and labor groups to protest the U.S. government's new assault on medical cannabis patients and collectives, local government officials and business owners.
What: Protest against DOJ attacks on California's medical marijuana laws
When: Noon on Wednesday, Nov. 9, 2011
Where: Sacramento federal building, 501 I St., Sacramento. (Click for map.)
Scheduled speakers include: State Sen. Mark Leno, Assembly member Tom Ammiano and other invited legislators; Steph Sherer, Executive Director of Americans for Safe Access; Steve D'Angelo of Oakland's licensed dispensary Harborside Health Center; Dan Rush of the United Food and Commercial Workers; and Dale Gieringer of California NORML. The rally is designed to protest the U.S. Attorney's new policy of harassing and intimidating California elected officials, government workers, landlords and private property owners that permit, regulate, or simply conduct business with medical cannabis dispensaries and cultivators.
“The feds are trying to intimidate good, decent people who don't even use cannabis,” said CCA President George Mull. “It's bad enough when they go after Prop. 215 patients and growers. Now they're going after public officials, government workers, property owners … whoever makes the easiest target. Whether you like Prop. 215 or not, I think all Californians should be outraged.”
The new enforcement strategy came to light through a series of letters sent by the U.S. Attorneys' Offices to elected officials in Chico, Eureka, Arcata, Isleton and elsewhere. In general, the letters warn of potential prosecution, injunctions, fines and/or property seizures for violation of federal drug laws. Landlords who deal with dispensaries are receiving similar letters, the Sacramento Bee reported.
BACKGROUND
Recent media reports have shed light on a new enforcement strategy by the U.S. Attorney's Office of the Eastern District of California. Warning letters containing threats of potential legal action – including fines, property seizure and/or arrest on federal drug charges – have been sent to city and county officials as they consider passing or amending their local medical cannabis regulations. The Sacramento Bee reported that warnings also were sent to some Southern California property owners who lease office space to collective-dispensaries.
The Department of Justice website provides no information about the warning letters, but at least some of them were issued at the request of local officials seeking federal input on regulations governing dispensaries and/or cultivation. Early this year, Oakland's plans to license five large cultivation sites reportedly drew federal warnings as well as a threat of prosecution from the Alameda County district attorney. In June, a memo from U.S. Deputy Attorney General James Cole declared that state medical cannabis laws were not a defense to federal prosecution.
More recently, federal warning letters were sent to elected officials in Chico, Arcata, Eureka, Isleton and Kern County, and possibly other jurisdictions where receipt of those letters has not yet been made public. Warning letters also were sent to targeted dispensaries in Fresno, San Diego, San Francisco, Marin and elsewhere, according to several media reports.
While it's unclear exactly how many letters have been sent, the chilling effect on public officials is already apparent. The Chico City Council repealed its medical cannabis dispensary ordinance in September following discussion of the federal warning letter. “Oh my god, this is serious,” Mayor Ann Schwab was quoted as saying by local media. Isleton's cultivation plans were criticized harshly by the Sacramento County district attorney, but she declined to file charges against local officials. Eureka just passed a dispensary moratorium based on federal actions, derailing the permit process for at least one applicant in the process.
Less than two weeks ago, Americans for Safe Access filed a lawsuit in federal court attempting to stop the DOJ crackdown on medical marijuana. The suit accuses the Obama Administration of violating the Tenth Amendment of the U.S. Constitution by commandeering the lawmaking efforts of local and state legislators. Separate lawsuits were filed Friday in federal courts in Sacramento, San Francisco, Los Angeles and San Diego, according to the Sacramento Bee.
Ironically, the rally comes just days after the 15th anniversary of the Compassionate Use Act, Proposition 215. That landmark ballot initiative paved the way for medical cannabis laws in 15 other U.S. States and the District of Columbia, but patients in those states now face the same type of federal pressure that's taking place in California.
“The U.S. Attorney can't afford to shut down every dispensary in the state,” said Amir Daliri, government relations director of the California Cannabis Association. “But he wants to send a message, so he tells public officials and business owners they're subject to arrest. Now it's our turn to send a message to the feds, and we're asking every patient in the state for help. Come to the rally, contact your lawmakers, do anything you can to get involved. It's do-or-die time for Prop. 215.”
The Associated Press
San Jose lawmakers took a major step toward downsizing and regulating the city's thriving medical marijuana industry on Tuesday, adopting a package of zoning regulations and laws that will sharply limit how and where pot collectives can operate and initially cap their number at 10.
Two years in the making, the new rules given preliminary approval by the City Council with an 8-3 vote are among the most detailed among the various frameworks local governments in California have adopted as they attempt to tread the thin line between complying with the state's medical marijuana laws and inviting intrusion from the federal government, which does not recognize pot for medicinal use.
Along with restricting the number of dispensaries, San Jose's regulations also will require licensed collectives to grow all the medical marijuana they distribute on-site, to maintain logs detailing every amount they sell and to whom, and to package their wares in child-proof containers that list the name of the recommending doctor and the patient.
City officials estimate that San Jose, the nation's 10th-largest city, has about 140 cannabis dispensaries and delivery services, only 71 of which are paying a local tax on such services the council adopted earlier this year.
Santa Cruz County may alter -- or even suspend -- its groundbreaking medical marijuana regulations after a recent state court ruling stuck down one local law, a decision that came amid a federal crackdown on state-sanctioned pot clubs.
Lawyers for the county are expected to present an analysis of the decision, which struck down Long Beach's medical marijuana regulations because of the conflict with federal drug laws, and present the board with a list of options. Those could include slamming the brakes on dispensary permits and potentially stopping new dispensaries from opening, Jason Hoppin reports in the Santa Cruz Sentinel.
"Without a moratorium in place, that could be a problem," said Ben Rice, an attorney for several dispensaries, who said the ruling has thrown local regulations across the state into doubt and could lead to operators moving or opening here. Because the issue could wind up in court, the board will discuss the issue behind closed doors at its Nov. 8 meeting.
"No decision's been made right now," said Supervisor Neal Coonerty, a main proponent of the county's law, which was approved in May after a year of debate.
Since then, dispensaries in the county's unincorporated areas have been scrambling to comply with the new regulations, which were backed by local medical marijuana providers. In exchange for complying with financial, geographic and regulatory requirements, the pot clubs would be blessed with the county's official stamp of approval. But the court ruling, along with an October crackdown on dispensaries in California and elsewhere by federal authorities -- despite a pledge by President Obama's administration that it would not target individual medical marijuana users -- seems to have thrown a wrench into the process.
Four applications are pending with the county Planning Department, though there have been several other inquiries. Assistant Planning Director Wanda Williams said the county is still processing those applications, albeit slowly, and won't complete any by the time the board takes up the issue.
Click here to read the full story in the Santa Cruz Sentinel.
