Pubdate: Sat, 30 Apr 2011
Source: San Francisco Chronicle (CA)
Page: A1, Front Page
Copyright: 2011 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/people/Obama
Bookmark: http://www.mapinc.org/people/Mollie+Fry
Bookmark: http://www.mapinc.org/people/Dale+Schafer
Bookmark: http://www.mapinc.org/topic/Americans+for+Safe+Access
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

Medical Marijuana

FEDERAL POT CASES ON THE INCREASE

Despite Administration's Promise, Those Following State's Laws Face Charges

When the Obama administration declared 18 months ago that it would 
stop arresting people who complied with their states' medical 
marijuana laws, advocates were encouraged but wary, saying pot 
patients and their suppliers were still at risk of federal prosecution.

In a new report, the advocacy group Americans for Safe Access said 
its caution was justified: Prosecutions have continued unabated, and 
the number of raids has increased.

Since the Justice Department announced its guidelines in October 
2009, the report said, federal agents have raided 87 growers and 
dispensaries in states that allow medical marijuana, compared with 
just over 200 raids in the eight years of President George W. Bush's 
administration.

Only a handful of those raids have resulted in criminal charges, the 
report said. But it said the Obama administration is pursuing cases 
it inherited from Bush-appointed federal prosecutors, even if the 
defendants wouldn't have been arrested under the new policy.

One such case takes center stage Monday, when medical marijuana 
patients and activists Mollie Fry and Dale Schafer are scheduled to 
enter federal prison.

The couple, who live in the El Dorado County town of Cool, secured 
the Sheriff's Department's approval in 1999 to grow marijuana for 
themselves and other patients. They said it was a small garden that 
never grew more than 44 plants in a year.

But federal agents raided them in 2001 and they were eventually 
convicted in 2007 of conspiring to grow at least 100 plants over 
several years, a crime that carries a mandatory five-year sen-tence.

Obama administration lawyers successfully defended the sentence 
before a federal appeals court last year. Fry and Schafer have 
appealed to the U.S. Supreme Court and have also asked President 
Obama for clemency.

"We were complying with California law. We just did this 10 years too 
early," said Schafer, 56, an attorney who used marijuana for back 
pains and hemophilia before his arrest. His 54year-old wife, a 
physician, used the drug to counter the effects of chemotherapy for 
breast cancer.

2008 Remarks

Obama said during the 2008 presidential campaign that it was 
"entirely appropriate" for states to legalize the medical use of 
marijuana "with the same controls as other drugs prescribed by 
doctors." Americans for Safe Access says the president's actions 
haven't matched his words.

Justice Department spokeswoman Tracy Schmaler declined to comment on 
the group's findings, but said the government is following its 
announced policy.

Federal authorities are concentrating on "large-scale traffickers who 
violate both federal and state law," she said in a statement. "We are 
not focusing the limited resources we have on individual patients 
with cancer or other serious diseases."

On the other hand, Schmaler said, "we are not going to look the other 
way while significant drug-trafficking organizations try and shield 
their illegal efforts from investigation and prosecution through the 
pretense that they are medical dispensaries."

At Odds for Years

States with medical marijuana laws, starting with California's 
Proposition 215 in 1996, have coexisted uneasily with agents and 
prosecutors enforcing the federal marijuana prohibition.

President Bill Clinton's administration won a U.S. Supreme Court 
ruling shutting down an Oakland pot dispensary and tried 
unsuccessfully to revoke the federal prescription licenses of doctors 
who recommended the drug to their patients.

The Bush administration stepped up raids in medical marijuana states 
in the early 2000s and included nonprofits, like Fry and Schafer's 
garden and a larger cooperative in Santa Cruz, among its targets.

Obama declared a new policy of deferring to state laws early in his 
administration, and formalized it with the Justice Department guidelines.

But marijuana advocates say the guidelines offer little help to 
defendants, because they aren't legally binding.

Open to Interpretation

The Justice Department has largely left their interpretation up to 
local U.S. attorneys. They have leeway to decide when a marijuana 
grower or supplier - even one with a local government permit - is 
exceeding the bounds of state law.

Federal prosecutors "can claim state law violations and judge whether 
state law violations have occurred," said Kris Hermes, spokesman for 
Americans for Safe Access. As a result, he contended, the Obama 
administration can "carry out the same practices that Bush did."

In San Francisco, former U.S. Attorney Joseph Russoniello, a Bush 
appointee, maintained his hard-line stance on pot prosecutions after 
Obama took office. He said most California suppliers were commercial 
enterprises that violated state law, which allows only patients and 
their caregivers to grow marijuana.

Russoniello filed charges against a Hayward dispensary that had a 
sheriff's permit, and agents during his tenure raided a San Francisco 
medical-marijuana outfit that had a permit from the city.

Melinda Haag, an Obama appointee who succeeded Russoniello in August, 
has continued the Hayward prosecution. No one has been charged in the 
San Francisco case.

Haag also told Oakland City Council members in February that a plan 
to legalize large indoor marijuana farms would violate both state and 
federal law. The council, which had received similar advice from City 
Attorney John Russo and Alameda County District Attorney Nancy 
O'Malley, has put the proposal on hold.

The Obama administration has also opposed attempts to broaden state 
marijuana laws.

Less than three weeks before Californians voted in November on 
Proposition 19, which would have legalized marijuana for personal 
use, Attorney General Eric Holder said the government would 
"vigorously enforce" federal laws against growing pot for 
recreational purposes.

Support Falls

Polls showed that support for the measure took a nosedive after 
Holder's warning.

The administration also opposed legislation in Washington state that 
would legalize and regulate medical marijuana dispensaries.

After both legislative houses approved the bill, Democratic Gov. 
Chris Gregoire asked the state's two U.S. attorneys for guidance. 
They replied April 14 that state regulators who authorized commercial 
marijuana suppliers could face federal criminal charges.

Gregoire said she couldn't sign such a bill. The measure's author, 
state Sen. Jeanne Kohl-Welles, D-Seattle, is urging her to reconsider.

"I cannot fathom that the Obama administration would direct their 
U.S. attorneys to send out federal agents to arrest and prosecute 
state employees," Kohl-Welles said in an interview.
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MAP posted-by: Richard Lake