Pubdate: Fri, 01 Mar 2002
Source: Reason Magazine (US)
Copyright: 2002 The Reason Foundation
Contact:  http://www.reason.com/
Details: http://www.mapinc.org/media/359
Author: Sara Rimensnyder
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)
Bookmark: http://www.mapinc.org/find?194 (Hutchinson, Asa)

The Feds vs. Medical Pot

ONE TOKE OVER THE LINE

LAST MAY, THE U. S. Supreme Court ruled unanimously that the feds could 
shut down six California co-ops that were distributing medical marijuana in 
accordance with state law. Back in 1996, Golden State voters had 
overwhelmingly passed Proposition 215, allowing patients with a doctor's 
recommendation to use pot for serious medical conditions such as chronic 
pain and severe nausea. In effect, the nation's highest court decided that 
state laws legalizing cannabis for medical use weren't worth a dime bag.

In the aftermath of the May ruling, patrons and proprietors of California's 
50-odd medical marijuana clinics waited anxiously to see how aggressive the 
federal crackdown would be. In October the Drug Enforcement Administration 
(DEA) began to answer that question. Agents surveiled or busted several 
co-ops, finishing their tour with the Los Angeles Cannabis Resource Center, 
a West Hollywood clinic that provided pot on site to 960 patients suffering 
from AIDS, epilepsy, cancer, glaucoma, and other serious illnesses. Thirty 
armed federal agents seized 400 marijuana plants, computers, financial 
documents, and medical records.

On December 10, authorities informed Scott Imler, the co-op's director and 
founder, that he would face a grand jury on December 20. At press time, he 
was still awaiting its decision on whether to indict him for defying the 
Supreme Court ruling, a charge for which he could face hard time.

"I don't want to whine or duck here", says the 43-year-old Imler, his voice 
suggesting the bemusement of someone who's facing up to 10 years in prison 
for helping sick people. "I knew what I was getting into, and I'm prepared 
to take whatever responsibility comes my way. But I would imagine... 
they're focusing on me because the minute they raise the issue of 
conspirators, it would be a whole different kettle of fish."

Imler is referring to the co-op's wide swath of supporters. In addition to 
employing several staff members, the Cannabis Resource Center was created 
with the close cooperation of the city council and local law enforcement 
agencies. If the federal government tries to hone in on "co-conspirators," 
it may well have to indict the entire paid staff of the city of West 
Hollywood (an independent municipality surrounded by Los Angeles).

Elsewhere in California, co-ops continue to treat the patients who depend 
on them amid growing uncertainty. Says the Rev. Lynnette Shaw, founder of 
the Mann County Alliance of Medical Marijuana: "Mostly, we're all very 
worried on behalf of the patients. If the DEA closes everybody, it will 
throw all those patients back into the arms of the gangsters. And that's 
exactly what the gangsters want. So in a sense, the DEA is working for the 
gangsters.
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