Attorney
General Bill Lockyer Calls for Meeting with Federal Authorities
About Unprecedented Medical Marijuana Raids
September 6, 2002
02-103
FOR IMMEDIATE RELEASE
(916) 324-5500
http://caag.state.ca.us/newsalerts/2002/02-103.htm
(SAN FRANCISCO) – Attorney General Bill
Lockyer today requested a meeting with United States Attorney
General John Ashcroft and Drug Enforcement Agency Director Asa
Hutchinson to discuss the federal government's unprecedented attacks
on locally-authorized medical marijuana operations.
Over the last several months, the DEA has
initiated a string of raids throughout California targeting small,
locally-authorized medical marijuana cooperatives. Yesterday,
federal agents raided a Santa Cruz cooperative that had been working
closely with local law enforcement to ensure compliance with state
medical marijuana laws. Some of the raids have resulted in arrests,
yet in several cases, federal prosecutors have declined to prosecute.
In a letter formally requesting the meeting, Lockyer stated:
"I must also question the ethical basis
for the DEA's policy when these raids are being executed without
apparent regard for the likelihood of successful prosecution.
Whether or not the U.S. Attorney decides to file in the Santa
Cruz case, my Department is aware of other recent DEA-initiated
raids involving as few as six marijuana plants in which no charges
were ever filed, and no convictions were obtained. Conversations
with DEA representatives in California have made it clear that
the DEA's strategic policy is to conduct these raids as punitive
expeditions whether or not a crime can be successfully prosecuted."
Lockyer further questioned the timing and
wisdom behind the federal government's strategy of using scarce
public safety resources to raid medical marijuana cooperatives:
"A medicinal marijuana provider such
as the Santa Cruz collective represents little danger to the public,
and is certainly not a concern which would warrant diverting scarce
federal resources away from the fight against domestic methamphetamine
production, heroin distribution or international terrorism to
cite just a few far more worthy priorities."
Emphasizing the seemingly petty nature of
federal enforcement activities, Lockyer cited the state's own
record in putting serious, marijuana criminal enterprises out
of business:
"During the last three years, my department's
statewide Campaign Against Marijuana Planting (CAMP) program has
taken record amounts of illegal marijuana out of production in
California. By targeting large-scale drug trafficking operations,
we've removed billions of dollars of illegal marijuana that was
headed for sale on our streets, not to sick patients. While we've
enjoyed unprecedented success with CAMP, I'm certain we could
be even more effective if the DEA increased its financial commitment
to CAMP, perhaps by the same amount it is now spending on raids
which have the effect of targeting the state's seriously ill residents
rather than criminal organizations."
In November of 1996 California voters approved
Proposition 215 permitting access to marijuana for medicinal purposes
with more than 55 percent of the vote. Since that time, seven
other states (Alaska, Arizona, Colorado, Hawaii, Maine, Oregon
and Washington) have enacted similar laws. While federal law makes
no exception for the medicinal use of marijuana, federal efforts
targeting authorized California cooperatives operating in compliance
with state law have only occurred since 2001.
