Skip to main content

Feds Raid Wheelchair-bound Paraplegic For Medical Marijuana [Updated]

The federal government is so desperate to undermine New Mexico's new medical marijuana law, they've started arresting harassing handicapped people:
MALAGA, N.M. — Agents with a regional drug task force raided Leonard French’s home in southeastern New Mexico on Tuesday and seized several marijuana plants [Ed., it was actually just 6 seedlings]
But the wheelchair-bound man said he’s certified by the state Health Department to possess and smoke marijuana for medical reasons. The 44-year-old lost the use of his legs about 20 years ago as the result of a motorcycle crash and now suffers from chronic pain and muscle spasms. [Santa Fe New Mexican]
Normally, the DEA would avoid this kind of bad publicity. But since New Mexico's medical marijuana program just started, they're trying to intimidate patients and confuse legislators in other prospective medical marijuana states:
A press release jointly issued by the Pecos Valley Drug Task Force illustrates the political nature of the raid, reading in part, "Citizens of New Mexico need to be aware that they can still be prosecuted on the federal level even though New Mexico has a law permitting marijuana for medicinal use." [DPA]

Drug warriors keep arguing that medical marijuana laws create conflict between state and federal laws, but all they have to do is stop arresting threatening patients and there'd be no problem. They're creating confusion and then citing that confusion as an argument against state laws that protect patients. Meanwhile, sick people like Leonard French are caught in the crossfire, and countless other patients are afraid to try medicine that could help them.

Revealingly, Mr. French has not yet been charged with a crime. You see, DEA is tough enough to arrest wheelchair-bound medical marijuana patients, and even boast about its authority to continue doing so. All of that serves their interest in scaring people and creating doubt as more and more states pass laws to protect their citizens from precisely this sort of foul treatment. But they won't actually try to put him in jail because that would be just hideous.

So the real message here, for those reading between the lines, is that the feds aren't always going to enforce federal law. And that tells you everything you need to know about the debate over medical marijuana. This is all a big stupid publicity stunt, and while there are casualties to be sure (getting arrested and losing your medicine does suck), the whole "conflict with federal law" argument is largely a hoax.

Regardless, we cannot tolerate any federal efforts to scare people out of treating their illnesses with doctor recommended medicine that is legal in their state. That is obscene, and it's no surprise presidential candidates are lining up in opposition to it.

Update: My mistake. Leonard French wasn't taken into custody, so "arrested" was the wrong way to describe what happened to him. I've updated the post accordingly. It's important, because patients in New Mexico should understand that you're not in any great danger if you choose to participate in the medical marijuana program. I should have been more careful about this, because I certainly don't want to perpetuate these intimidation tactics. The fact that he wasn't even arrested is significant.

It's Time for Medical Marijuana "Plan B"

Did you know that along with raiding medical marijuana clinics and prosecuting people, the DEA is actually blocking research into medical marijuana too -- research that if allowed to take place could lead to marijuana's approval as a medicine through the FDA? Yet at the very same time, DEA hypocritically cites a lack of research as justification for keeping medical marijuana illegal! Most recently, DEA has stalled an application from the University of Massachusetts to grow research-grade marijuana in a secure facility for FDA- and DEA-approved medical studies. Though DEA's own Administrative Law Judge has said it should be approved, we expect them to show bad faith and reject it -- after waiting as long as they can -- unless they are pressured to do otherwise. A group of US Representatives is preparing to send a sign-on letter to the DEA, next month, for just that purpose. Please visit our web site to write your member of Congress asking him or her to sign on! We encourage you to personalize your email. When you're done, please forward this alert to everyone you know who might support it too. Thank you for your help on this -- and thanks to the thousands of you who used our site to lobby for the Hinchey medical marijuana amendment last fall too. With your help, we believe that this "Plan B" will help get us closer to the goal. (Click here to read the text of the Congressional sign-on letter on the MAPS web site, and click here to read the results of this summer's Hinchey medical marijuana vote on ours.)

Obama: What New Orleans Needs is More Drug War

When Barack Obama speaks of "change," he's not talking about the war on drugs. He likes it just fine the way it is. Obama's faith in the drug war is so strong, he even thinks it can help revitalize New Orleans:
If elected, Mr. Obama said he would establish a Drug Enforcement Agency office in New Orleans that would be dedicated to stopping drug gangs across the region. [NYTimes]

Mr. Senator, the drug war causes crime, it doesn't prevent it. The problem is not, and has never been, a lack of drug law enforcement. New Orleans already has a DEA office and it has not made life any easier for anyone. It should go without saying that increased drug activity in the region is a result of economic disorder, which inevitably empowers the black market. Bringing in the feds might disrupt local drug networks temporarily, but that would merely increase violence as new dealers take over for their fallen competitors.

As we've documented in the Drug War Chronicle, Katrina revealed the frailty of Louisiana's drug war-ravaged criminal justice system. It is precisely in the aftermath of a great catastrophe like Katrina that the ridiculous quest to stop people from getting high is revealed as utterly wasteful and counter-productive.

Obama's drug war revitalization plan for New Orleans is the latest step in his successful bid to be the worst on drug policy among the democratic presidential contenders. He's lamented the "political capital" required to repair the despicable crack/powder sentencing disparity, a no-brainer racial justice issue that even drug war hall-of-famer Joe Biden wants to fix. At Howard University's Democratic Debate on minority issues, he stood there like an idiot while every other candidate managed to address some type of criminal justice reform. He was also the last democratic candidate to pledge an end to federal medical marijuana raids, and not because they're heartless and evil, but because they're "not a good use of resources."

Well, Barack Obama, you know what else is a poor use of resources? Creating a second DEA office in New Orleans when people still have holes in their roofs and mud in their basements.

Drug War Chronicle #500 Will Come Next Week, Not This One, Here's a Preview

The Drug War Chronicle's next issue will be #500. Given that Labor Day weekend is coming up and given that the Chronicle arrives in people's e-mailboxes on Friday morning, we've decided to postpone our milestone issue until next week, when we hope people will actually be around to read it. Meanwhile, I'm working on some story ideas for the issue:
Afghanistan. The UN Office on Drugs and Crime made it official on Monday: The Afghan opium crop this year is another record-breaker, despite $600 million in US anti-drug assistance. What to do,what to do? I'll be asking some experts about where we go from here. Oregon Medical Marijuana. It looks like there will be two ballot initiatives dealing with medical marijuana in Oregon next year. One, put together by a veteran conservative crime-fighter, is really a sort of omnibus "tough on crime" initiative. It would undo the Oregon Medical Marijuana Act (OMMA), recriminalize medical marijuana, and make the state of Oregon instead provide synthetic Marinol to patients free of charge. The other, put together by the same folks that sponsored the OMMA initiative, would bring dispensaries to Oregon. Ironically, Oregon activists seem to be devoting more energy to sniping at the dispensary initiative than opposing the crime-fighting initiative. Go figure. Marijuana in Denver. Mason Tvert and his friends at SAFER have been tying the Denver political establishment in knots with their push to effectively legalize the weed there. Now, I think, the council has approved sending a "lowest law enforcement priority" initiative to the voters. But I'm confused by all the political maneuvering and feel a need to talk to folks there to get a handle on all this.
I'm sure there will be more stories as the next few days go by.