Medical Marijuana: Questions Raised on San Francisco Raid

San Francisco District Attorney Terence Hallinan has questioned the federal government's claim that an April raid on a San Francisco medical marijuana buyers' club was a routine enforcement action.

Early in the morning of April 21 federal Drug Enforcement Administration agents raided Flower Therapy, breaking down the door, seizing approximately 300 marijuana plants along with other equipment and supplies and leaving a federal search warrant for employees to find when they arrived later to open the club. In statements to the press, DEA officials repeatedly characterized the raid as a routine enforcement action against a "large-scale growing operation" and insisted they had not singled out organizations connected to California's Proposition 215, which legalized marijuana use for medicinal purposes.

But the San Francisco District Attorney's office said the raid was highly unusual. "Normally it's the duty of the D.A.'s office to enforce the laws within the city," explained spokesman John Shanley. Federal drug agencies, he said, generally let local law enforcement handle the vast majority of drug cases, involving themselves only with truly massive operations, involving "tonnage, not pounds" of marijuana. "What they ended up confiscating [from Flower Therapy] was about 2 1/2 pounds, which does not warrant federal agents being involved." Hallinan's office was not even notified that the raid was going to occur.

Asked if the DEA had raided any other San Francisco marijuana distributors of similar size, Shanley said, "No, which is what makes it unusual."

On April 22 Hallinan publicly urged U.S. Attorney Michael Yamaguchi not to prosecute individuals who might be arrested in the raid's aftermath and took the unusual step of offering to testify for the defense should charges be filed. "I would testify to the fact that this group was trying to comply with the law in the state of California," he told the SAN FRANCISCO EXAMINER.

The San Francisco police, District Attorney's office, and health department have been working closely with medical marijuana buyers' clubs to develop protocols for the orderly implementation of Proposition 215, and Shanley said that Flower Therapy has been completely cooperative in that process. "Why would you want to punish someone who's played by the rules?" he asked. "This was clearly ordered by someone who opposed Proposition 215."

DEA spokesman Stan Vegar refused to respond directly to Shanley's and Hallinan's statements, but insisted the raid was "absolutely not" a response to Proposition 215. The measure "does not change our fundamental mission to enforce the drug laws," he said. "315 plants in a complex system with lights and hydroponics is a large-scale growing operation." A spokesperson for the San Francisco U.S. Attorney's office refused any comment on the case.

Meanwhile, a bill to require harsh penalties for doctors who recommend marijuana has been introduced in Congress. S40, introduced by Senator Lauch Faircloth (R-NC) would mandate an eight year prison term for doctors who recommend marijuana, as well as revocation of their DEA registration. Drug policy reform advocates say it is too early to assess the measure's chances of passage, but Eric Sterling, president of the Criminal Justice Policy Foundation, said that the mood in Congress is not encouraging. "There is a profound disconnect between the West Coast's view of this issue and Washington's," he said.

[Note: On April 30 a Federal judge issued a preliminary injunction preventing the Federal government from punishing California physicians who recommend medical marijuana to their patients under the provisions of Proposition 215. This injunction extends the temporary restraining order reported in our previous issue, AIDS TREATMENT NEWS #269. Judge Fern Smith issued a 43-page ruling with the April 30 injunction. For more information about the rights of Californians under Proposition 215, a brochure is available from Americans for Medical Rights, 1-888-YES-4-215. JSJ.]