Pubdate: Fri, 27 Feb 2009
Source: Times-Standard (Eureka, CA)
Copyright: 2009 Times-Standard
Contact: http://www.times-standard.com/writeus
Website: http://www.times-standard.com/
Author: Donna Tam, The Times-Standard


U.S. AG SAYS MEDICAL MARIJUANA RAIDS TO END

Remarks made by the U.S. attorney general at a recent press
conference have given medical marijuana advocates hope that the
federal government will be stopping dispensary raids and working
toward establishing a policy to aid patients with access.

In a press conference Wednesday, Attorney General Eric Holder said
the administration would uphold the president's campaign promises to
end such raids, calling it "American policy."

A reporter pointed out that after the inauguration, the Drug
Enforcement Administration, or DEA, conducted several raids in
California despite President Barack Obama's promises, and asked
Holder if those raids were a reflection of the government's policy
going forward.

"No," Holder said in response. "What the president said during the
campaign, you'll be surprised to know, will be consistent with what
we'll be doing in law enforcement. He was my boss during the
campaign. He is formally and technically and by law my boss now. What
he said during the campaign is now American policy."

Kris Hermes, a spokesman for Americans for Safe Access, said the
short statement may be an indicator of changes to medical marijuana
enforcement and regulation policy.

"The Obama administration appears to be willing to stand to reason
and set a sensible policy around medical marijuana," he said. "We
certainly hope it means that there will be no further raids on
medical marijuana providers in California and other states."

Hermes said several raids occurred after Obama's inauguration.
Currently there are ongoing threats being made by the DEA against
property owners in Santa Barbara who lease to state-sanctioned
medical marijuana providers, causing the eviction of many
dispensaries, he said.

"We're going to assume that they were actions of holdovers from the
Bush administration," Hermes said.

Attempts to contact the U.S. Attorney General's Office for further
comment were unsuccessful.

Special Agent Jocelyn Barnes of the DEA Office located in San
Francisco said she could not validate the Holder's remarks.

"Right now we're not at any liberty to make any comments about
medical marijuana at all. We're waiting on the direction of
Washington, D.C.," she said.

Dennis Turner, CEO of The Humboldt Cooperative, said the statement is
a relief. He recognizes that the medical marijuana dispensary
industry is a pioneer one, but hopes that Holder's remark may be a
sign of better things to come.

"Anytime you have something new -- and you're formulating as you go
-- things change constantly and the platform will shift," Turner
said. "You need to be flexible and adaptive. ... That's all you can do."

Neal Sanders, a Eureka attorney who specializes in marijuana cases,
said federal regulation has not been the problem in Humboldt County,
but what Holder said indicates progress for medical marijuana patients.

"I think this is a very good first step for patients here in
California and other jurisdictions," Sanders said.

The federal government has always been at odds with state and local
agencies when it comes to the regulation of medical marijuana.
Sanders said in this county, the ones doing the raiding are local law
enforcement.

"Here in Humboldt County, we've been very fortunate in that the
federal government hasn't come in and interfered with dispensaries," he said.

Arcata attorney Jeffrey Schwartz said he's noticed an increase in the
number of medical marijuana criminal cases over the past 18 months or so.

He said it seems like there has been less tolerance from local law
enforcement when it comes to marijuana grows, even when the growers
have Proposition 215 cards.

Holder's statement may sway local law enforcement's attitude, he said.

"I think if they know that the feds are going to respect the state's
rights, it could make a difference," Schwartz said.

Hermes said there are still many questions that need to be answered:
What will happen to medical marijuana advocates who are facing
federal sentencing? What kinds of changes can be expected to federal policy?

"Hopefully, it's not just in the area of raids and enforcement," he
said. "We hope that that extends to expanding research and developing
a policy that will allow anyone to access medical marijuana if they
would benefit from it."
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