Urge your mayor to denounce the DEA's threats

>http://abclocal.go.com/kgo/story?section=news/local&id=5843172

Ran again at 11, exactly the same. Not bad. Alex
was brilliant. Wonder which way Newsom moves now?
He did not seem happy with the reporter.
Actually, I seriously wondered if he had been
drinking, he seemed to weave and have trouble
keeping his emotions in check.

Here's the text if you haven't seen it.

LOCAL NEWS
DEA uses new tactic against pot clubs
Tuesday, December 18, 2007 | 9:33 PM

?

By Carolyn Tyler
SAN FRANCISCO -- California voters approved the
use of medical marijuana 10 years ago, but it's
still illegal under federal law.

And now, the Drug Enforcement Administration is
starting a new crack-down to put pot clubs out of
business.

In the past, the DEA relied on raids to shut down
medical marijuana clubs. Now it's a letter
writing campaign. First it was in Southern
California including Los Angeles and San Diego.
Now dispensaries in Northern California have been
targeted.

Story continues below
Advertisement
Compassionate Care on Church Street was the first
medical marijuana dispensary to open in the city
years ago. Now it will be the first to close as a
result of a new tactic by the Drug Enforcement
Administration.

"We've tried to make sure these facilities work
for the neighborhoods and the patients and now
the federal government says, no, no, no we're
really going to step on you and hurt you," said
Wayne Justmann from Compassionate Care.

The DEA sent a letter to his landlord and about
80 others in Northern California, notifying them
the facilities violate federal law and
threatening them with possible criminal
prosecution, imprisonment, fines and forfeiture
of assets -- including their property.

Patrick Goggin is a lawyer representing two medical cannabis clubs.

"They are scared. They are working to follow
local and state laws and these Draconian measures
are being taken, threatening harassing by the
DEA," said attorney Patrick Goggin.

Compassionate Care closes its doors on Friday.
This patient worries that's the tip of the
iceberg. We're told other dispensaries are facing
eviction proceedings following letters from the
DEA.

"They are getting the landlords to do their dirty
work for them. I'm not surprised, I would be
ashamed if I were a DEA agent right now," said
patient Alex Franco.

The head of the DEA's San Francisco Division
says: "His agency sent letters to landlord's as a
courtesy and that the DEA will continue to work
to keep neighborhood communities safe from drugs
and the negative ripple effects they cause."

Medical marijuana advocates are now hoping for a
political solution from elected officials
including San Francisco mayor Gavin Newsom.
Newsom would not comment on the DEA's letter
writing tactics.

"If you give me an opportunity to read them, I'll
be happy to respond," said San Francisco Mayor
Gavin Newsom.

ABC7's Carolyn Tyler: "I've got a letter right here with me."

San Francisco Mayor Gavin Newsom: "I will take
the time to read it at an appropriate place."

An official with the marijuana policy project, a
national organization says so far the DEA's
action appears to be more bluster than action. No
one's property has been seized.

(Copyright ©2007 KGO-TV/DT. All Rights Reserved.)

On Dec 18, 2007, at 6:22 PM, BPG Community Liaison wrote:

>http://abclocal.go.com/kgo/story?section=news/local&id=5843172
>

Ran again at 11, exactly the same. Not bad. Alex
was brilliant. Wonder which way Newsom moves now?
He did not seem happy with the reporter.
Actually, I seriously wondered if he had been
drinking, he seemed to weave and have trouble
keeping his emotions in check.

Here's the text if you haven't seen it.

LOCAL NEWS
DEA uses new tactic against pot clubs
Tuesday, December 18, 2007 | 9:33 PM

By Carolyn Tyler

SAN FRANCISCO -- California voters approved the
use of medical marijuana 10 years ago, but it's
still illegal under federal law.

And now, the Drug Enforcement Administration is
starting a new crack-down to put pot clubs out of
business.

In the past, the DEA relied on raids to shut down
medical marijuana clubs. Now it's a letter
writing campaign. First it was in Southern
California including Los Angeles and San Diego.
Now dispensaries in Northern California have been
targeted.

Story

continues below
Advertisement

Compassionate Care on Church Street was the first
medical marijuana dispensary to open in the city
years ago. Now it will be the first to close as a
result of a new tactic by the Drug Enforcement
Administration.

"We've tried to make sure these facilities work
for the neighborhoods and the patients and now
the federal government says, no, no, no we're
really going to step on you and hurt you," said
Wayne Justmann from Compassionate Care.

The DEA sent a letter to his landlord and about
80 others in Northern California, notifying them
the facilities violate federal law and
threatening them with possible criminal
prosecution, imprisonment, fines and forfeiture
of assets -- including their property.

Patrick Goggin is a lawyer representing two medical cannabis clubs.

"They are scared. They are working to follow
local and state laws and these Draconian measures
are being taken, threatening harassing by the
DEA," said attorney Patrick Goggin.

Compassionate Care closes its doors on Friday.
This patient worries that's the tip of the
iceberg. We're told other dispensaries are facing
eviction proceedings following letters from the
DEA.

"They are getting the landlords to do their dirty
work for them. I'm not surprised, I would be
ashamed if I were a DEA agent right now," said
patient Alex Franco.

The head of the DEA's San Francisco Division
says: "His agency sent letters to landlord's as a
courtesy and that the DEA will continue to work
to keep neighborhood communities safe from drugs
and the negative ripple effects they cause."

Medical marijuana advocates are now hoping for a
political solution from elected officials
including San Francisco mayor Gavin Newsom.
Newsom would not comment on the DEA's letter
writing tactics.

"If you give me an opportunity to read them, I'll
be happy to respond," said San Francisco Mayor
Gavin Newsom.

ABC7's Carolyn Tyler: "I've got a letter right here with me."

San Francisco Mayor Gavin Newsom: "I will take
the time to read it at an appropriate place."

An official with the marijuana policy project, a
national organization says so far the DEA's
action appears to be more bluster than action. No
one's property has been seized.

(Copyright ©2007 KGO-TV/DT. All Rights Reserved.)

DEA alerts pot-store landlords
Letters warn of penalties for leasing to marijuana dispensaries.
By Christina Jewett - cjewett [at] sacbee.com
Published 12:00 am PST Saturday, December 15, 2007
Story appeared in METRO section, Page B3

Print | E-Mail | Comments (51)| Digg it | del.icio.us

The Sacramento office of the U.S. Drug Enforcement Administration is turning to a new strategy against medical marijuana dispensaries: warning landlords they could be imprisoned or forced to forfeit their buildings if their tenants continue to peddle medical pot.

Sacramento-based DEA agents have sent letters to dispensaries' landlords in recent weeks, viewing the mailings as a simple way to cut down on what federal officials consider illicit activity.

However, medical marijuana advocates – who saw about 200 DEA letters go out in the Los Angeles area this summer – say federal officials are being too heavy-handed against such dispensaries, which California voters approved as legal more than a decade ago.

Federal officials say U.S. law against such dispensaries pre-empts the California law, but medical marijuana advocates hope to resist the latest DEA effort.

"This is one of the most insidious tactics we've seen them use so far," said Nathan Sands, a Sacramento-based communications director for the Compassionate Coalition, a medical marijuana education nonprofit. "I think they're going to see a backlash here."

Gordon Taylor, the special agent in charge of the Sacramento division of the DEA, said the agency sent 11 letters early in November to dispensaries throughout the 34 noncoastal Northern California counties over which it has jurisdiction. Most, he said, were sent to Sacramento-area pot clubs.

A spokeswoman in the San Francisco DEA office said 80 such letters were mailed to dispensaries in the Bay Area earlier this week.

The letters explain to landlords that it is a violation of federal law to rent property that is used to distribute a controlled substance.

Violations carry penalties of up to 20 years in jail or a fine of up to $500,000, the law says. Civil penalties of up to $250,000 can be assessed.

The DEA's letter also refers to a law that says property used for the distribution of controlled substances is subject to forfeiture.

In Sacramento, the letters have "definitely caused a panic," Sands said.

One Sacramento-area medical marijuana dispensary manager, who spoke anonymously because he fears action by the DEA, said that as far as he knows his landlord got no letter.

He said he knows several dispensary managers whose landlords got the letter. All are moving or shutting down, he said. Those who haven't yet been affected are nervous, he said.

"There's definitely some apprehension," he said during an interview in the dispensary. "I mean, what can you do? There's nothing really you can do."

Sacramento DEA agent Taylor said he has gotten a favorable response so far from one landlord who said he did not know the activity was going on, and from others who said they had started the eviction process.

"This could create a situation that, if pot clubs are dismantled, we don't have to do full-bore investigation," he said.

The letter advises landlords that the DEA considers the activity on their property a crime, but does not tell them what to do about it. Taylor concedes as much, saying if he got the letter, he would consult a lawyer.

Jose Martinez, a DEA spokesman at the Los Angeles division, said his office mailed 200 similar letters to landlords starting this summer, but has not taken action against anyone.

When asked if enforcement action is imminent or just a possibility, he said it is "only possible."

"What we're trying to do now is educate all of the property owners," Martinez said.

About three dozen dispensaries in the Los Angeles area shut down after getting the letters, said Kris Hermes, spokesman for Americans for Safe Access, a medical marijuana lobbying group.

"We are trying to encourage against a sense of alarm," Hermes said. "We believe the Department of Justice has limited resources to go after landlords in this egregious manner."

Hermes said the tactic is so extreme that it has galvanized some support for dispensaries and patients in Congress.

U.S. Rep. John Conyers Jr., D-Mich., the chairman of the House Judiciary Committee, released a statement against the letters Dec. 7.

In it, Conyers said the committee has questioned the DEA about its "efforts to undermine California law" and plans to continue to "sharply question" the DEA. The judiciary committee's spokeswoman did not return a call to The Bee.

Brenda Grantland, a Mill Valley attorney who specializes in forfeiture law, said the strategy is clearly legal. But she believes it is an overzealous use of the government's power.

"Whether it's fair or constitutional doesn't seem to matter," she said.

Grantland said the strategy appears to be an intense effort to destroy California's medical marijuana supply network in the last months of the Bush administration.

The strategy is one more episode in a decade-long dispute over federal vs. state power to regulate medical marijuana.

California voters approved Proposition 215 in 1996, giving way to the legalized use of medical marijuana. However, since then, the DEA has raided dozens of dispensaries and prosecuted their owners.

A court decision handed down this week provided a victory for federal officials.

On Thursday the 9th U.S. Circuit Court of Appeals upheld an injunction that forced three California cannabis clubs to stop distributing medical marijuana.

About the writer:
Call The Bee's Christina Jewett, (916) 321-1201.

Oakland mayor seeks investigation into DEA 'threats' to cannabis sites
By Kelly Rayburn, STAFF WRITER
Article Last Updated: 12/22/2007 02:35:59 AM PST


OAKLAND — Mayor Ron Dellums has asked a long-time former colleague, U.S. Rep. John Conyers, D-Mich., to investigate the federal Drug Enforcement Administration's use of "threatening letters" to target medical cannabis dispensaries throughout California, including at least one in Oakland.
The DEA has sent hundreds of letters to people who own property on which cannabis dispensaries are operating. A DEA official called the notices a "courtesy" even though they threaten landlords with imprisonment and property forfeiture.

The DEA's focus on the dispensaries — and the city's response to it — highlights the discord in federal and state laws on marijuana: California voters approved Proposition 215, supporting medical usage, in 1996, but federal law outlaws marijuana. And the DEA has warned cannabis dispensary owners that relying on state law is not a valid defense against federal charges.

Dellums spokesman Paul Rose said the mayor was representing his constituents' interests in broaching the issue with Conyers, the chairman of the House Judiciary Committee.

"The city of Oakland believes in compassionate care," Rose said. "The people of California voted to support medical cannabis. ... The mayor was discouraged to learn of the DEA's actions, which were in opposition to the will of the residents of this city."

Dellums wrote in the letter, which was also addressed to Rep. Lamar Smith, R-Texas, the committee's ranking Republican, that Oakland has a "long history of successful regulation" of its four licensed dispensaries.
"The DEA's recent surge tactics, such as the dissemination of threatening letters to property owners and unrelenting raids that continue to place citizens in harm's way, undermine state and local authority, and jeopardize the integrity of state law," Dellums wrote. "We urge the House Judiciary Committee to expeditiously hold hearings and examine this very important issue."

A committee spokeswoman said she was not sure whether Conyers had yet received Dellums' letter. Conyers said earlier this year that he was concerned about the issue, but no date for any congressional hearings has been set.

In a prepared statement, DEA Special Agent in Charge Javier Pena said, "The DEA San Francisco Field Division Office has sent out letters as a courtesy to the landowners to inform them of the suspected marijuana distribution center operating on their property. The DEA is committed to enforcing our nation's drug laws and will continue to work to keep our neighborhood communities safe from drugs and the negative ripple effects they cause."

Some say the DEA's priorities are poorly placed. Dellums' appeal to Conyers followed a similar appeal by the City Council earlier in the week.

In a resolution requested by Councilmember Nancy Nadel (Downtown-West Oakland), a staunch medical cannabis advocate, the council voted to urge congressional hearings as soon as possible.

Oakland officials had hoped the city's regulation of cannabis dispensaries would keep the DEA away.

The city adopted new guidelines on cannabis in 2004, nipping a then-burgeoning medical marijuana market and limiting the number of cannabis dispensaries to four.

At least one of the four — the Coffeeshop Blue Sky, formerly called SR-71 Coffeeshop, in the 300 block of 17th Street — has received a letter.

Owner Richard Lee could not be reached for comment Friday.

Bruce Mirken, communications director for the Marijuana Policy Project, called the DEA's actions "outrageous" and "damaging."

"They're trying basically to get landlords to do their dirty work," he said. "They don't have enough agents to close down the dispensaries and they're trying to get landlords to do it for them."

Mirken added, "The wheels don't turn in Washington, D.C., as fast as we would like them to, but this does appear to have gotten Chairman Conyers' attention — and that's a good first step."

Conyers became chairman of the House Judiciary Committee following the Democrats' takeover of Congress following the 2006 election. Dellums served with him in Congress for 27 years.

"They've known each other for a long time and they have a very good relationship," Rose said.


Contact Kelly Rayburn at 510-208-6435 or krayburn [at] bayareanewsgroup.com.