Cannabis News Protecting Patients Access to Medical Marijuana
  Pot Raids Stir S.F. Protests
Posted by FoM on February 13, 2002 at 13:04:07 PT
By Jeff Chorney and Josh Richman, Staff Writers 
Source: Oakland Tribune 

medical The medical marijuana debate erupted in the streets Tuesday as protesters greeted Drug Enforcement Administration chief Asa Hutchinson hours after his agents raided cannabis activists on both sides of the Bay.

Hutchinson addressed the Commonwealth Club at its Market Street office Tuesday evening, protected by tight security and speaking over the drumming and chanting of more than 200 protestors outside, including several San Francisco elected officials.

"It is good to be in San Francisco," Hutchinson began, but his speech about America's war on drugs was often interrupted by catcalls, hisses and boos from the audience.

Earlier Tuesday, four men -- including Oakland marijuana activist Edward Rosenthal, 58 -- were arrested on suspicion of marijuana cultivation.

Rosenthal is among the state's most prolific writers on marijuana. For about 20 years he has written the "Ask Ed" advice column for High Times and Cannabis Culture magazines. He also has edited, authored or co-authored many books on marijuana cultivation and law; operates a marijuana-oriented Web site; has worked as a consultant to hemp and marijuana growers around the world; and has served as an expert defense witness in many marijuana trials.

Agents staging Tuesday's raids seized hundreds of plants and other evidence from several locations, including four Oakland addresses and the HARM cannabis cooperative on Sixth Street in downtown San Francisco.

Court documents show federal agents believe the raids disrupted a marijuana pipeline running from Canada to California. The papers describe a smuggling network with links to pot clubs in Oakland, Marin County and Los Angeles.

DEA spokesman Special Agent Richard Meyer said the raids were "not at all" timed to Hutchinson's visit. "We wouldn't put the safety of our agents at risk just to impress the administrator."

But few others believed that was true Tuesday.

"The timing with Hutchinson being here certainly looks provocative," said San Francisco District Attorney Terence Hallinan, who attended the protest and said the raids made him "furious."

The cannabis cooperative raided Tuesday has been "a valuable ally to us in efforts to revitalize Sixth Street," Hallinan said, and federal agents have no business meddling in a state matter of public health. When it comes time to find a Northern California jury willing to convict these defendants, he said, "he (Hutchinson) is going to have a fight on his hands."

San Francisco Board of Supervisors President Tom Ammiano took up a bullhorn before the angry crowd and called the DEA "an obnoxious, grandstanding, macho agency" unwelcome in San Francisco. Supervisors Chris Daly and Matt Gonzalez expressed rage at the raids, too.

Inside, Hutchinson took angry questions about the raids. "The DEA is simply following the law," he said, adding action against medical marijuana "is not a priority but rather a responsibility we have."

Congress believes marijuana has no valid medicinal use, he said. He has authorized scientists at the University of California, San Diego to do more research on possible medical benefits, but until there's scientific proof of benefits that outweigh the drug's risks, this is the way it has to be, he said.

"The federal government is not prosecuting marijuana users," he insisted, only those who traffic in large amounts of the drug.

Glenn Backes, health and harm reduction director for the Drug Policy Alliance in Sacramento, said the DEA's actions embody a "screw-you" attitude toward states' rights and a warning to other medical marijuana users nationwide.

"We're spending millions of dollars on attacking sick people," he said. "It's disgusting."

The medical marijuana debate has raged in California since 1996, when state voters passed a law permitting medical use of marijuana. Federal authorities insist federal law still bans any and all use of marijuana, regardless of state law.

Cannabis Buyers Cooperative

Officials in Oakland, San Francisco and some other cities have worked to shelter medical marijuana cooperatives from prosecution; Oakland even established growing and possession guidelines, and declared the Oakland Cannabis Buyers Cooperative an agent of the city. Even that didn't protect the OCBC from being shut down by federal authorities; the U.S. Supreme Court last year rejected the OCBC's request to cite medical necessity as an exception to the federal marijuana ban.

Besides Rosenthal, Richard Watts, 47, of San Francisco, James Halloran, 61, of Oakland and Kenneth Hayes, who is 34 or 35, of Petaluma were arrested Tuesday.All are charged with cultivation of marijuana. Rosenthal, Watts and Hayes face a minimum of five years in prison if convicted. Halloran faces a 10-year minimum and could get life in prison.

Court documents accuse Rosenthal and Watts of providing marijuana to Hayes. The U.S. Attorney's Office and the DEA refused to comment about Halloran's connection to the others.

All but Hayes were arraigned in federal court in San Francisco on Tuesday. None entered pleas or were granted bail; they are scheduled to appear in court again today, and Rosenthal's attorney, William Panzer of Oakland, said he expects bail will be granted.

Hayes, the alleged ringleader, was arrested by police in Vancouver, British Columbia, said his attorney John Conroy. Although Conroy didn't know enough about the case to comment, he said Hayes already planned to claim he was a refugee to avoid extradition to the United States.

"(That's) based on his fear of what the government will do to him. They don't treat prisoners very well down there," Conroy said.

In Oakland, DEA agents raided 1419 Mandela Parkway, where they believe Rosenthal grew pot. And they hit his residence and publishing headquarters at 1635 East 22nd St., according to documents.

Answered Door Naked

"(Rosenthal) was naked when he answered the door (at 6 a.m.)," said a publishing company employee identified only as Julia. "They just said, 'We have a search warrant, open the door,' so he did. He did not get into an argument with them."

Agents also raided two locations associated with Halloran; an old theater at 647 East 12th St. and a residence, 5235 Boyd Ave.

The DEA did not say exactly what was seized Tuesday. Jane Klein, who said she publishes Rosenthal's books, said about a dozen agents spent about six hours removing books, magazines and other material from Rosenthal's home and office. Also taken was a small amount of marijuana, which is for Rosenthal's own medical use, she said, as well as a 50-pound bag of sterile hemp seeds.

Along with the drug operation, Internal Revenue Service agents are looking into allegations of money laundering.

Note: Oakland activist arrested; plants seized; co-op raided.

Newshawk: Jeff Jones - http://www.rxcbc.org
Source: Oakland Tribune (CA)
Author: Jeff Chorney and Josh Richman, Staff Writers
Published: Wednesday, February 13, 2002
Copyright: 2002 MediaNews Group, Inc. and ANG Newspapers
Contact: triblet@angnewspapers.com
Website: http://www.oaklandtribune.com/

Related Articles & Web Sites:

Drug Policy Alliance
http://www.drugpolicy.org

DEA Raids Medical Marijuana Club
http://freedomtoexhale.com/raid.htm

DEA Chief Faces Protests After Agents Raid
http://cannabisnews.com/news/thread11998.shtml

Medical Pot Club Raided as DEA Leader Visits
http://cannabisnews.com/news/thread11995.shtml

DEA Chief Faces Protests After Agents Bust
http://cannabisnews.com/news/thread11999.shtml


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Comment #6 posted by FoM on February 16, 2002 at 09:55:36 PT
News Brief from The Oakland Tribune
One Man Still in Jail After Local Pot Arrests

Source: Oakland Tribune (CA)
Saturday, February 16, 2002
Copyright: 2002 MediaNews Group, Inc. and ANG Newspapers
Contact: triblet@angnewspapers.com
Website: http://www.oaklandtribune.com/

DEA Raids Medical Marijuana Club
http://freedomtoexhale.com/raid.htm

The only man still jailed following Tuesday's federal raids on marijuana sites in Oakland and San Francisco will remain behind bars for the weekend.

A Friday bail hearing for Richard Watts, 47, of San Francisco was postponed until Wednesday so his attorney and federal prosecutors could finish ironing out a bail deal. Watts faces marijuana cultivation charges; he was arrested Tuesday morning as U.S. Drug Enforcement Administration agents raided the Harm Reduction Center medical marijuana club on San Francisco Sixth Street.

Several Oakland sites were raided as well, and others were arrested. Marijuana activist Ed Rosenthal and James Halloran, both of Oakland, were released on bail Wednesday; Kevin Hayes, arrested Tuesday in Vancouver, British Columbia, was freed by a Canadian judge without having to post bail.

[ Post Comment ]

 
Comment #5 posted by freedomtoker on February 14, 2002 at 11:36:51 PT
Sheriffs can kick the feds out of the county!!!
Here is the article that discusses when and where this happened!!

From: Dave Champion Subject: Sheriff controls federal actions Date: Tue, 16 Mar 1999 09:07:25 -0800

Don't we all wish we had a sheriff with this much integrity working for us!

Dave ___________________________________________________________________________________________

Sheriff Dave Mattis of Big Horn County, Wyoming, said this week that as a result of Case #96-CV099-J, U.S. District Court, District of Wyoming, he now has a written policy that forbids federal officials from entering his county and exercising authority over county residents unless he is notified first of their intentions.

After explaining their mission, Mattis said he grants them permission to proceed if he is convinced that they are operating within the legal parameters and authority limitations set forth in the U.S. Constitution.

The sheriff grants permission on a case-by-case basis only. When asked what, if any, repercussions he had gotten from the Feds, he quickly and confidently replied, "None whatsoever." He explained by saying, "They know they do not have jurisdiction in my county unless I grant it to them."

Mattis clarified his position by saying the federal court had ruled that the state of Wyoming is a sovereign state and the state constitution plainly states that a county sheriff is the top law enforcement official in the county.

Additionally, Sheriff Mattis contends that the U.S. Constitution, Article 1, Section 8, clearly defines the geographic territories where the federal government has jurisdiction. Amendment X, he said, states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Therefore, Mattis thoroughly believes the Feds have very limited powers in any state unless the local high-sheriff allows them to exercise power beyond that which the Constitution provides.

"Put another way," Mattis said, "If the sheriff doesn't want the Feds in his county, he has the constitutional power and right to keep them out or ask them to leave."

Accompanied with other legal interpretations Mattis stands on the definition of the world "sovereign," which is defined by Webster's as "paramount, supreme. Having supreme rank or power. Independent: a sovereign State."

Mattis said he grew weary of the Feds coming into his county and running rough-shod over county residents: i.e., illegally searching, seizing property, confiscating bank accounts, restricting the free use of private lands and other abuses, without a valid warrant and without first following due process of law as guaranteed by the Constitution to every citizen.

As long as Mattis remains sheriff he says he will continue to see to it that the citizens of his county get their day in court.

Mattis went on to say that, to his knowledge, even the IRS has not attempted to seize any citizen's real property, bank account or any other private-owned possessions since he ran the Feds out of his county.

Sheriff Mattis emphasized that he is not a radical man. He said he is only dedicated to protecting the constitutional rights of the citizens of his county.

He added that ordinary citizens are not the only ones bound by and expected to obey laws. Elected officials and government employees at all levels of government are also bound by and should be expected to obey certain laws.

As long as Sheriff Mattis is the high-sheriff of Big Horn County, he seems determined to make sure private citizens and government officials alike act within the law and their designated powers.

Sheriff Mattis came across as a soft-spoken, polite man whose only interest is protecting the citizens he was elected to serve. That being the case, he might be the sheriff for as long as he wants to be.

Sheriff Mattis is hopeful that other sheriffs will assume the same stance.

[ Post Comment ]

 
Comment #4 posted by FoM on February 13, 2002 at 21:57:26 PT
My Opinion
I believe it was planned for Hutchinson to be in town. This is 2002 and you can know what your employees are doing instantly practically. If he didn't know the raid was going to happen it would be very surprising to me.

They hit at the heart that pumps the medical marijuana movement. Stab us in the heart and the rest of the body will die. The only problem for them is we know we are right. We have seen too much to quit now. If we quit then prohibition would be worse then ever. Then what would happen to the children who have a few youthful indiscretions but have the unfortunate luck and get caught? It isn't just about medical marijuana. It's is really about our individual rights to consume what we choose. If we harm no one but ourselves then there shouldn't be a law against it. Why is sky diving , mountain climbing, and even some of the dangerous Olympic sports legal and smoking a little Cannabis illegal? If someone hurts themselves in a sports activity that's ok but you still can't smoke a medicinal plant in the privacy of your home.

Prohibition

"Prohibition will work great injury to the cause of temperance.

It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes.

A Prohibition law strikes a blow at the very principles upon which our government was founded."

Abraham Lincoln (1809-65), U.S. President
Speech, 18 Dec. 1840,
Illinois House of Representatives

http://freedomtoexhale.com/raid.htm

[ Post Comment ]
 
Comment #3 posted by E_Johnson on February 13, 2002 at 21:46:58 PT
What part of the word NO can't they pronounce?
However, I hear that agents are not happy about being directed to do cannabis club watches, leaned on to attend the dumb talks and debates of their boss, etc. Many think, though few will talk even off the record, that their boss is a few cards shy and really clueless. DEA agent moral is reported to be at a all time low. Agent turnover is reported high - agents willing to guard airplanes or do most anything else.

Well, Nancy Reagan had this saying...

Just...

say...

?



[ Post Comment ]

 
Comment #2 posted by Richard Lake on February 13, 2002 at 21:21:36 PT:

Did DEA agents set their boss up??
I have been sitting here reading how the DEA didn't conduct the raid to impress their boss.

But folks do not seem to believe that.

However, I hear that agents are not happy about being directed to do cannabis club watches, leaned on to attend the dumb talks and debates of their boss, etc. Many think, though few will talk even off the record, that their boss is a few cards shy and really clueless. DEA agent moral is reported to be at a all time low. Agent turnover is reported high - agents willing to guard airplanes or do most anything else.

You don't think, because they were being leaned on to make the bust anyway, and knew about the boss's talk well in advance (or should have, 'cause we did) that someone worked to schedule it the same day as his talk in San Francisco just to set their boss up for the reaction it would cause - to let him feel the heat????

Noooo. Couldn't be. Or could it?

Richard

[ Post Comment ]
 
Comment #1 posted by E_Johnson on February 13, 2002 at 14:19:04 PT
Can they sue for defamation over this statement?
DEA spokesman Special Agent Richard Meyer said the raids were "not at all" timed to Hutchinson's visit. "We wouldn't put the safety of our agents at risk just to impress the administrator."

This allegation that the safety of their agents was ever at risk during this series of raids seems to me to constitute defamation of character of the people who were arrested.

If they were talking about me this way, I would sue them.



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