|
|
| Resolution Could End Police Cooperation In Probes |
|
Posted by FoM on April 22, 2002 at 09:48:48 PT By Nate Tabak, Daily Cal Staff Writer Source: Daily Californian 
After a series of high-profile federal raids of Bay Area medical marijuana clubs, the Berkeley City Council will consider a proposal tomorrow that would end police cooperation with Drug Enforcement Administration investigations or actions against local clubs. The recommendation, submitted by the Police Review Commission, takes direct aim at the enforcement of federal laws against medical marijuana, which is legal under California law. "We are telling the DEA to butt out," said Commissioner Michael Sherman. In addition, the proposal requests that the Berkeley Police Department publicly state its support for Berkeley's medical marijuana ordinance and Proposition 215, the California initiative that legalized medical marijuana in 1996. Despite local opposition to the federal law, which supercedes the state law, the DEA has continued enforcing federal marijuana laws locally with raids of medical marijuana clubs in Oakland and San Francisco in February. The recommendation, however, drew criticism from City Manager Weldon Rucker, who drafted a counterproposal that just includes a city endorsement of congressional legislation that would leave decisions on marijuana legalization to the states. Rucker wrote that the relationship between Berkeley police and the DEA could be weakened if the police department refused to cooperate with investigations of local medical marijuana clubs. The department should be free to decide whether it wants to cooperate with the DEA based on individual circumstances, Rucker said. The proposal, Sherman said, is not intended to prevent Berkeley police from assisting the DEA in investigations of other drug related offenses, but particularly targets actions against marijuana users. "Our relationship with the DEA is not going to be hurt," Sherman said. "We will cooperate on further issues." The proposal also drew criticism from DEA officials who maintain that their duty is to enforce federal laws. "It's unfortunate the city is considering this," said DEA Special Agent Richard Meyer. "We enjoy an excellent working relationship with the Berkeley Police Department." Meyer said that even if the DEA does not get Berkeley police assistance in possible future investigations of medical marijuana clubs, their relationship would remain strong. "I'm sure we'll cooperate in other matters," Meyer said. "Unfortunately marijuana is not the only illegal drug that is dealt in Berkeley." Without Berkeley's assistance in matters of medical marijuana enforcement, Meyer said the agency would have little trouble working on its own. The DEA still works well with the San Francisco Police Department, which does not cooperate with agency medical marijuana enforcement and investigations, Meyer said. Berkeley Mayor Shirley Dean said that while she agrees with the proposal in principal, she fears it could do more harm than good. The policy, Dean said, could serve as an invitation for the DEA to interrupt the city's medical marijuana facilities. While facilities in Oakland and San Francisco have been the targets of DEA investigations and raids, Berkeley medical marijuana clubs have been relatively immune, Dean said. "Most of them are doing well," Dean said. "I don't want to direct the DEA's attention to us. I see absolutely no reason to put up these rockets, because that is what got Oakland and San Francisco into the difficulties they are in now." Note: City Manager Says Proposal Goes Too Far. Complete Title: Resolution Could End Police Cooperation In Probes Against Medical Marijuana Source: Daily Californian, The (CA Edu) Related Articles: Cops Fume As Pot Case Wafts Away in Court City Ponders How To React To Marijuana Ruling Little Consensus On Consequences of Court Ruling Berkeley Ponders Marijuana Rules Home Comment Email Register Recent Comments Help |
 |
| Comment #4 posted by theoffspring1 on April 22, 2002 at 14:51:46 PT |
| It looks to me like the DEA doesn't respect the voters of California. A democracy is suppose to be the Majority rules but why are the votes of the Californians not being respected. Prop.215 was passed and should be respected by the DEA. [ Post Comment ] |
|
Comment #3 posted by bencohn on April 22, 2002 at 11:56:36 PT:
|
| CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA SEC. 3.5. An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations. Section C covers it. No California appellate court has ruled in favor of federal law, so the sherrif MUST enforce California law, or be in contempt of court. My thanks to Peter McWilliams for educating me on this aspect of California law, before his untimely demise. BC [ Post Comment ] |
|
Comment #2 posted by Jose Melendez on April 22, 2002 at 11:25:39 PT:
|
| can't find that Calif. law, however from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/000/u10404.html still searching for more... See also: [ Post Comment ] |
|
Comment #1 posted by dankhank on April 22, 2002 at 10:29:07 PT:
|
| There appears to be a California statute that says that if State Law and Federal Law collide state officials must by Califonia Charter obey the STATE law. This info should be communicated to the recaltrant Sheriff who feels that he can ignore a State judge's order to return medical marijuana to it's rightful owner. This should be done just prior to REMOVING said Sherrif for perpetrating a criminal act.!!!!!!!!!! Likewise the DEA should be apprised of said statute .... Peace to all who fight .... [ Post Comment ] |
| Post Comment |  |
 |  |