Bill to End State,Local Police Participation In DEA Raids on Medical Cannabis Providers

Bill To End State And Local Police Participation In DEA Raids On Medical
Marijuana Providers

On Assembly Public Safety Committee Agenda Tuesday April 29, 2008

Medical marijuana: A bill by Assemblywoman Lori Saldana, D-San Diego, would
prohibit state and local law enforcement officers from participating in
federal arrests and prosecutions of medical marijuana providers and users.
Joe Kocurek, a Saldana spokesman, said the bill is an attempt to make
"explicit that which we think was implicit in Proposition 215," the 1996
ballot measure that allows use of marijuana for medical purposes under
California law. Saldana's legislation is on the Assembly Public Safety
Committee agenda on Tuesday.

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Text of Assembly Bill # AB2743

BILL NUMBER: AB 2743 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY APRIL 23, 2008

INTRODUCED BY Assembly Member Saldana

FEBRUARY 22, 2008

An act to add Section 11362.84 to the Health and Safety Code,
relating to medical marijuana.

LEGISLATIVE COUNSEL'S DIGEST

AB 2743, as amended, Saldana. Medical marijuana: nonassistance
with federal raids.
Existing law creates a legal defense for a patient and a patient's
primary caregiver against criminal charges of possession or
cultivation of marijuana, as specified. Existing law also establishes
a medical marijuana program, which exempts persons with an
identification card and the person's designated primary caregiver
from arrest for possession, transportation, delivery, or cultivation
of medical marijuana, as specified.
This bill would declare that it is the policy of the state that
its agencies and agents and its cities, counties, and other
state or local shall not cooperate
assist in federal raids , arrests,
investigations, or prosecutions for marijuana-related offenses
if the target is a qualified patient, a designated caregiver, or
other person covered under state medical marijuana laws , as
specified . The bill would also declare that it is
not the policy of the state to prohibit assistance in specified
circumstances in which (1) the target is engaged in marijuana
distribution to individuals who are not protected by medical
marijuana laws, (2) the investigation relates solely to marijuana
grown or stored without permission on federal, state, or local lands,
or (3) a law enforcement agency is required to provide crowd or
traffic control outside a location where federal agents are
conducting a raid, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares the following:
(a) California voters enacted and overwhelmingly support laws to
decriminalize under state law the medical use, possession, and
distribution of marijuana to qualified patients.
(b) Federal criminal law permits under the federal compassionate
use program the use of marijuana by patients remaining in that
program, but does not provide any exception whatsoever for the
doctor-recommended use of marijuana by California patients, as
decriminalized under California law.
(c) Federal agents have repeatedly raided, arrested, and
prosecuted marijuana providers of medical marijuana patients, and
arrested and seized medicine from patients.
(d) The proper operation of California's medical marijuana laws
depends on preserving patients' and providers' confidentiality and
conducting any necessary investigations under state law.
(e) The Medical Marijuana Program prohibits agents of the state of
California and its political subdivisions from arresting,
housing, or otherwise detaining arresting any
medical marijuana patient who possesses a valid medical marijuana
identification card.
(f) State and local officials sometimes mistakenly believe their
duties include enforcing the federal prohibition on medical marijuana
against patients and caregivers.
(g) The California Fourth Circuit Court of Appeals, in City of
Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355, 391, noted
that "it is not the job of the local police to enforce the federal
drug laws ... ."
(h) Although the State of California recognizes the right of the
federal government to enforce its own laws, the state is not required
to use its resources to enforce federal law.
SEC. 2. Section 11362.84 is added to the Health and Safety Code,
to read:
11362.84. (a) It is the policy of the state
that its agencies and agents and its cities, counties, and
other state or local governmental entities shall not
cooperate in federal raids assist in federal raids,
arrests, investigations, or prosecutions for marijuana-related
offenses if the target is a qualified patient, a designated
caregiver, or other person described in Section 11362.775.
(b) It is not the policy of the state to prohibit assistance
if any of the following circumstances exist:
(1) There is probable cause to believe the target of the
investigation is engaged in the ongoing, knowing, and willful
distribution of marijuana to individuals who are not protected by
Sections 11362.5 to 11352.83, inclusive, or another state or federal
medical marijuana law.
(2) The investigation relates solely to marijuana that is
grown or stored on federal, state, or local lands, without the
permission of any state or local government.
(3) A law enforcement agency is require to provide crowd or
traffic control outside a location where federal agents are raiding a
qualified patient, a designated caregiver, or other person described
in Section 11362.775.
(c) This section shall not allow or require a state, local,
or county agent or agency to actively impede a federal agent or
agency from carrying out federal law.

CURRENT BILL STATUS

MEASURE : A.B. No. 2743
AUTHOR(S) : Saldana.
TOPIC : Medical marijuana: nonassistance with federal raids.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 04/23/2008

TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 04/24/2008
LAST HIST. ACTION : Re-referred to Com. on PUB. S.
COMM. LOCATION : ASM PUBLIC SAFETY
HEARING DATE : 04/29/2008

TITLE : An act to add Section 11362.84 to the Health and Safety
Code, relating to medical marijuana.

COMPLETE BILL HISTORY

BILL NUMBER : A.B. No. 2743
AUTHOR : Saldana
TOPIC : Medical marijuana: nonassistance with federal raids.

TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy

BILL HISTORY
2008
Apr. 24 Re-referred to Com. on PUB. S.
Apr. 23 From committee chair, with author's amendments: Amend, and re-refer
to Com. on PUB. S. Read second time and amended.
Mar. 13 Referred to Com. on PUB. S.
Feb. 25 Read first time.
Feb. 24 From printer. May be heard in committee March 25.
Feb. 22 Introduced. To print.