Pubdate: Thu, 19 Jul 2012
Source: Tucson Weekly (AZ)
Copyright: 2012 Tucson Weekly
Contact:  http://www.tucsonweekly.com/
Details: http://www.mapinc.org/media/462
Author: J. M. Smith

A RECENT RAID ON A CAREGIVER COLLECTIVE SHOULD CONCERN ALL PROPONENTS OF MMJ

In an apparent attempt to enforce federal law, officers from Southern 
Arizona's multi-agency Counter Narcotics Alliance recently closed out 
a two-month-long investigation into the Green Halo Caregiver 
Collective-and then proceeded to get all up in the collective's shit 
in a rude and offensive way.

They stormed the collective, near Interstate 10 and Prince Road, on 
July 10, tearing apart a costly grow room, smashing lights and 
ventilation equipment, cutting down plants, intimidating the staff 
and generally fucking the place up in all kinds of ways. They took 
"evidence," including stacks of blank patient forms (but no patient 
records), the security cameras (but not the video), and the 
big-screen television from the waiting room, which was used for 
medical-cannabis education.

"That's not evidence of anything other than that (the collective) 
exists," said Ken Sobel, who operates the nonprofit GHCC. (See 
"Acceptable Green," March 8.)

The officers took dozens of plants legitimately cultivated by 
caregivers in a place preliminarily approved by the city as a 
dispensary location. (However, the GHCC's owners do not claim it to 
be a dispensary.) The officers say they took 74 plants, but they 
miscounted, according to Sobel. It was 65-far fewer than the number 
allowed under caregiver rules for a shared grow location.

The Tucson Police Department, which is handling the media because the 
bust was in its jurisdiction, didn't have a lot to say about it. The 
news release was sparse (though it did inadvertently give props to 
the GHCC for its "high grade" meds). Simply put, the investigation 
revealed that the collective was outside the law, said Sgt. Maria 
Hawke, a TPD spokeswoman.

"They were selling marijuana, essentially," she said.

Essentially? It seems they either were, or they weren't. Correct me 
if I am wrong, but you can't really arrest someone in this country 
for essentially doing something. I think even Tucson police know 
this, because no one was charged with selling marijuana. They were 
charged with having it and with intent to sell it.

I predict this case will be difficult for prosecutors to prove. Sobel 
has been meticulous about staying within state law at the collective, 
which does nothing more than bring together patients (like me) with 
caregivers and other patients (them), so we can get the meds the 
governor tried to keep from us. The bust was completely unnecessary 
and unwarranted, Sobel said.

"They could have called me if they had any concerns. There was never 
any attempt to conceal what we were doing," he said.

A few months ago, in a similar raid, the doors of the Tucson AZ 
Collective were slammed shut in patients' faces. (See "Convenient 
Meds," Feb. 16.) The operator of that collective didn't return a 
couple of messages seeking comment. I'm sure his story is much the same.

But one of the first brick-and-mortar MMJ spots in the city has thus 
far escaped the Long Arm. Tumbleweeds Health Center might be a little 
safer than more-traditional collectives, because its service differs 
fundamentally: Tumbleweeds charges for classes or private 
consultations, and then gives away medication rather than taking 
donations to compensate for costs. (See "Open for Business," Jan. 19.)

In any event, it's sad that law-enforcement teams feel a need to shut 
down places that are filling a huge gap between patents and meds. 
Until the dispensaries open, these collectives are the only easy way 
for us nongrowers to get MMJ. It's also sad that the SWAT team picked 
on the lowest folks on the totem pole. They arrested four employees, 
whom Hawke and Sobel declined to identify. These folks were just 
trying to help patients get meds, period.

"These are innocent employees," Sobel said. "They were just doing the 
best they could for the patients."

Hear, hear
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MAP posted-by: Jay Bergstrom