Pubdate: Tue, 01 Oct 2002
Source: San Diego Union Tribune (CA)
Copyright: 2002 Union-Tribune Publishing Co.
Contact:  http://www.uniontrib.com/
Details: http://www.mapinc.org/media/386
Author: Marisa Taylor, Union-Tribune Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA CONFLICT INTENSIFIES

Federal Government Says It Will Uphold U.S. Drug Laws

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."
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MAP posted-by: Terry Liittschwager