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California Attorney General Tells Police to Uphold Medical Marijuana Laws

Ten years after the passage of Proposition 215, California Attorney General Jerry Brown has finally clarified that law-enforcement must respect the state’s medical marijuana law:

California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law.
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The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. [Americans for Safe Access]

While Prop. 215 has gone a long way towards protecting the medical marijuana community from harassment by state law-enforcement, there have been continuing regional problems such as unjustified confiscation of medicine. The new guidelines should remind police that their duty is to uphold the law, not circumvent it.
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Biden is a "Moderate" on Crime Issues?

The Chicago Tribune on Biden:


He has proven to be a reliable moderate on crime issues--particularly where narcotics are concerned--and was a principal author of the 1994 crime bill which sought to put 100,000 more police officers on the streets through a federal grant program. That bill also expanded the reach of the federal death penalty.


Um, Biden coined the term "drug czar" and created ONDCP, the propaganda wing of the federal drug war. He tried to one-up the Republican anti-drug plan by calling for larger foreign drug war investments. He authored the RAVE Act to allow federal prosecution of property owners who fail to successfully prevent drug use. He championed research into biological warfare techniques to eradicate South American drug cultivation, even after experts said it was way too dangerous to even consider. He was last seen proposing ridiculous drug war legislation only a month ago. Really, the list just goes on and on.

So no, Joe Biden is not a "moderate" when it comes to crime issues. His hard-line authoritarian record speaks for itself, runs out of breath, and then speaks for itself some more. To call him a "moderate" is just ignorant and wrong, to the point of utterly trivializing the word and conjuring a wretched spectacle of what it would take to earn a more fitting description of his extensive jail-mongering credentials.

I can only assume this profound mischaracterization of Biden's record was arrived at through the tired assumption that democrats are "soft" on crime, republicans are "tough," and therefore "moderates" are democrats who support harsh laws. Joe Biden is exactly the reason such stereotypes should be avoided by responsible journalists.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

In The Trenches

Press Release: CA Attorney General Directs Law Enforcement on Medical Marijuana

MEDIA RELEASE Americans for Safe Access For Immediate Release: August 25, 2008 CA Attorney General Directs Law Enforcement on Medical Marijuana / Comprehensive recommendations include protection of dispensaries Sacramento, CA -- California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law. Specifically, the Attorney General states that, "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law." The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. "Today we stand beside the Attorney General of California in his effort to fully implement the state's medical marijuana law," said ASA Chief Counsel Joe Elford. "We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers." The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities, and obligations under state law. The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. Contained within the guidelines is a controversial provision requiring medical marijuana dispensaries to operate on a not-for-profit basis. This interpretation of the law comes from California's Medical Marijuana Program Act (SB 420), passed by the legislature in 2003. However, while the voter-approved initiative Proposition 215, the Compassionate Use Act, references the need for a distribution system, no mention is made of for-profit status. In prior discussions with the Attorney General's office, ASA had strenuously objected to this provision of the guidelines. The guidelines come at a time of escalating interference by the federal government. The federal Drug Enforcement Administration (DEA) and Department of Justice continue in their attempts to undermine state law through ongoing investigations, raids, seizures, prosecutions, and imprisonment of medical marijuana patients and providers. In response, several California mayors, including Gavin Newsom and Ron Dellums, have voiced their opposition to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. "It is now up to Congress and the new President to align federal policy with California and other medical cannabis states," said ASA spokesperson Kris Hermes. "It is time to resolve the federal-state conflict that serves only to undermine California and other states' sovereignty and inflict harm on seriously ill patients and their care providers." For further information: Guidelines issued today by the California Attorney General: http://www.AmericansForSafeAccess.org/downloads/AG_Guidelines.pdf Attorney General bulletin issued to all law enforcement after the 2005 U.S. Supreme Court decision in /Gonzales v. Raich/: http://www.AmericansForSafeAccess.org/downloads/AG_Raich_Bulletin2.pdf
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Joe Biden's Awful Record on Drug Policy

Among the likely choices for Obama's running mate, Joe Biden was not the person reformers were hoping to see on the democratic ticket. Radley Balko sums up Biden's drug war credentials:

…from a policy perspective, it’s a disaster. Biden has sponsored more damaging drug war legislation than any Democrat in Congress. Hate the way federal prosecutors use RICO laws to take aim at drug offenders? Thank Biden. How about the abomination that is federal asset forfeiture laws? Thank Biden. Think federal prosecutors have too much power in drug cases? Thank Biden. Think the title of a “Drug Czar” is sanctimonious and silly? Thank Biden, who helped create the position (and still considers it an accomplishment worth boasting about). Tired of the ridiculous steroids hearings in Congress? thank Biden, who led the effort to make steroids a Schedule 3 drug, and has been among the blowhardiest of the blowhards when it comes to sports and performance enhancing drugs. Biden voted in favor of using international development aid for drug control (think plan Columbia, plan Afghanistan, and other meddling anti-drug efforts that have only fostered loathing of America, backlash, and unintended consequences). Oh, and he was also the chief sponsor of 2004’s horrendous RAVE Act.


On the other hand, Biden has recently spoken out against the crack/powder sentencing disparity and introduced legislation to address that issue. Pete Guither also notes that Biden's votes on civil liberties issues have consistently improved over the years, which may be a sign that he's evolving in his thinking. But I see no evidence that Biden has ever stepped back in any meaningful sense from his rabid drug warring ways. If he's made any philosophical realignments on drug policy in general, he hasn't said so out loud.

Thus the silver-lining may be that as Vice President, Biden would no longer be serving on the judiciary committee, where he's exerted his influence in the form of the various atrocities outlined above. As VP he'd technically be losing his authority over drug policy issues, except to whatever extent Obama may seek his advice when selecting the drug czar and so forth. It's certainly possible that Obama's more enlightened views would prevail within his administration, or even that Biden's "tough on crime" credentials could provide cover for reform, but Biden would be a strange ingredient in the behind-the-scenes reform agenda that's so often attributed to Obama by liberal reformers. It was bad enough when Obama softened his reform positions to avoid attacks from the right. Will he now begin watching his step around his own running mate?

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)