DEA

Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to plant hemp farmers joined with hemp industry figures and spokesmen to travel across the Potomac River to DEA headquarters in Arlington, Virginia, where, in an act of civil disobedience, they took shovels to the lawn and planted hemp seeds. Within a few minutes, they were arrested and charged with trespassing. Hoping to focus the attention of the Obama administration on halting DEA interference, North Dakota farmer Wayne Hauge, Vermont farmer Will Allen, HIA President Steve Levine; hemp-based soap producer and Vote Hemp director David Bronner, Vote Hemp communications director Adam Eidinger, and hemp clothing company owner Isaac Nichelson were arrested in the action as another dozen or so supporters and puzzled DEA employees looked on. "Who has a permit?" demanded a DEA security official. "A permit--that's what we want from the DEA," Bronner responded. After being held a few hours, the Hemp Six were released late Tuesday afternoon. On Wednesday, two pleaded guilty to trespassing and were fined $240. The others are expected to face similar treatment. Although products made with hemp—everything from foods to fabrics to paper to auto body panels—are legal in the US, under the DEA's strained interpretation of the Controlled Substances Act, hemp is considered indistinguishable from marijuana and cannot be planted in the US. According to the hemp industry, it is currently importing about $360 million worth of hemp products each year from countries where hemp production is legal, including Canada, China, and several European nations. The DEA refused to comment on the action or the issue, referring queries instead to the Department of Justice, which also refused to comment beside pointing reporters to its filings in the ongoing hemp lawsuit. Currently, eight states-- Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Vermont, and West Virginia--have programs allowing for industrial hemp research or production, but their implementation has been blocked by DEA bureaucratic intransigence. This spring, however, President Obama instructed federal agencies to respect state laws in a presidential directive on federal pre-emption: "Executive departments and agencies should be mindful that in our federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values," said Obama. "As Justice Brandeis explained more than 70 years ago, 'it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.'" The hemp industry and hemp supporters see several paths forward. Farmer Hauge is a plaintiff in a lawsuit challengingly the DEA's interpretation of the Controlled Substances Act. That lawsuit is now before the 8th US Circuit Court of Appeals in St. Louis. US Reps. Ron Paul (R-TX) and Barney Frank (D-MA) are sponsoring a bill that would allow farmers to plant hemp in states where it is permitted, and the industry is urging President Obama and the Justice Department to follow their own example on medical marijuana and leave hemp farmers alone as long as they are legal under state law. But despite all their efforts, nothing is happening. Tuesday's civil disobedience was designed to begin breaking up the logjam. "We're getting frustrated," said Bronner, president of Dr. Bronner's Magic Soaps, which has been used hemp oil in its soaps since 1999. "This is supposed to be change with Obama, and things aren't changing. We just had the DEA and local DA go nuts on the dispensaries in San Diego where I live. We spent money on a lobbying firm to get a statement from the Justice Department along the lines of Holder's statement on medical marijuana, but nothing is happening. This would be easy to do, but it's not happening. We understand that Obama has a lot going on, but we're getting increasingly disappointed and frustrated. We hope this will help catalyze something in this administration." "We're like the fired-up hempsters, we're keeping Jack Herer's ideas alive," said Eidinger still fired up a day after his arrest Tuesday. "We're beginning a new chapter of hemp activism, and there needs to be a lot more of this stuff. Civil disobedience has to be part of a comprehensive campaign in the courts, in Congress, and out on the streets, in front of DEA offices all over the country." "We've passed a law in Vermont that you can grow industrial hemp," said Allen, the white-haired, pony-tailed proprietor of Cedar Circle Farm. "The only barrier now is the DEA, so we're trying to convince them to back off on this like they backed off on enforcing the medical marijuana law in California. Here, we have a crop that isn't going to get anybody high. We grow organic sunflower and canola, and we'd like to have another oil crop in rotation at our location. It just makes economic sense, and it's a states' rights thing. The DEA shouldn’t be involved in this; this isn't a drug." "We want to get some attention for the cause and show the distinction between industrial hemp and marijuana," said North Dakota farmer Hauge, who is licensed by the state to grow hemp and who is a plaintiff in the lawsuit against the DEA now before the 8th US Circuit Court of Appeals. "It's not a drug; it's just another crop that can be grown in rotation. If it wasn't for the DEA, I would be harvesting my crop right now." Getting himself arrested for hemp activism in Washington, DC, was a totally new experience for Hauge, who is usually hunkered down on a few hundred acres of North Dakota prairie just south of the Canadian border and just east of the Montana state line. "It was definitely a first for me," said Hauge. "I've never even been stopped for anything." "We need industrial hemp here in the US, we need to bring jobs to this country," said Nichelsen, founder, owner, and CEO of Livity Outernational, a California-based fashion and accessory company that mixes art and activism. "I'm sick of making all our stuff in China cause that’s the only place I can get the raw materials. We sent the message that there is a clear distinction between marijuana and industrial hemp," Nicholson said. "We need the support of our president and our law enforcement branches. They need to understand that the US is missing out on a giant opportunity. The myth that hemp causes any problems in society has been completely dispelled." Even DEA underlings—if not their higher ups—get it, said Nicholson, recounting his exchange with one agency employee on Monday. "One DEA official came out and said, 'What's the connection between weed and hemp?' and we said, 'Exactly.'" The action brought some much-needed media attention to the issue, said Eidinger. "We got a really good article in the Washington Post, the Washington Times wrote about it, too, CNN used our video, NPR talked about the action, the Associated Press picked it up, we had a number of TV stations do reports, so we definitely reached a national audience," he recounted. "And North Dakota media has covered this closely; I've been on the phone with all the media in Bismarck. It wasn't just civil disobedience in front of the cameras. After the HIA convention ended, hempsters headed for Capitol Hill, where dozens of people attended over 20 scheduled meetings with representatives of their staffs to lobby for the Frank-Paul hemp bill. Some unannounced, unscheduled meetings also took place, Eidinger said. If the hemp movement indeed adopts further civil disobedience actions, it will have added another prong to its multi-prong strategy of pressing for the end of the prohibition on industrial hemp planting in the US. It might be time for other segments of the drug reform movement to start thinking about civil disobedience, too.

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

Just Chiming in, I Thought Prohibition was supposed to save us from ourselves? To protect us in some way?

Anyone applying for a job at the Drug Enforcement Administration must answer this question:



That's funny, I thought there was no such thing as "legally prescribed" marijuana under federal law. Either this is an idiot test for prospective applicants, or we've come so far that the DEA is beginning to lose track of its own ideology.

In case anyone forgot, the new administration promises to be nicer about medical marijuana:

ALBUQUERQUE — The nation’s top cop said Friday that marijuana dispensaries participating in New Mexico’s fledgling medical marijuana program shouldn’t fear Drug Enforcement Agency raids, a staple of the Bush administration.

U.S. Attorney General Eric Holder, speaking in Albuquerque during a meeting focused on border issues, including drug trafficking, said his department is focused "on large traffickers," not on growers who have a state’s imprimatur to dispense marijuana for medical reasons.

"For those organizations that are doing so sanctioned by state law, and doing it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration," Holder said. [New Mexico Independent]

Notwithstanding a couple of questionable raids that have taken place since Holder took office, it's good to hear him keep repeating this. The more he says it, the more scrutiny he'll be subjected to if DEA continues to push its luck. Personally, I'm not expecting the complete elimination of federal interference with state medical marijuana laws, but I think it will become clear over time that the situation has improved.

Still, Holder and Obama shouldn't get a pass on this ridiculous "limited resources" excuse for respecting state medical marijuana laws. The issue enjoys tremendous public support and there's no reason the new administration can’t come right out and acknowledge that the Bush policy was just cruel. Pretending it's about money is disgusting and wrong. Note to reporters: next time someone in the administration tries to portray the new medical marijuana policy as a matter of conserving law enforcement resources, ask whether they'd continue the raids if their budget was bigger.

Furthermore, the feds are still trying to put Charlie Lynch in prison for operating a perfectly legal dispensary in California. His sentencing will take place this Thursday, assuming it doesn’t get postponed yet again. Click here to email the Dept. of Justice and tell them to let Charlie go.

If these guys are sick of answering questions about marijuana policy, freeing Charlie Lynch is by far their best move.

This is interesting/disturbing:

Kern Sheriff’s deputies and agents from the Drug Enforcement Agency were searching a medical marijuana store in east Bakersfield Wednesday afternoon.
…
Calls to the sheriff’s department were not immediately returned. A spokesman from the DEA said that agency was there only to assist. The spokesman said the sheriff’s department was the lead agency in the case.
…
Sheriff Donny Youngblood said his office will not interfere with the operation of non-profit medical co-operatives run by patients for patients. But, he said, dispensaries that sell marijuana for a profit should be expected to be treated like other drug dealers. [KGET]

DEA explained that they're "only there to assist," but that doesn’t eliminate the possibility of federal charges down the road. This isn’t the first time DEA has "assisted" local law enforcement during a dispensary raid. I just spoke with Caren Woodson at Americans for Safe Access and they're waiting to learn more about the situation.

I'll update as details emerge.

Update: ASA just informed me that this appears to be a DEA raid being assisted by local authorities, rather than the other way around.

Update 2: Turns out it really was a state raid, based on a state warrant. ASA got some mixed messages from the PR dept. at DEA.

Very unsettling:

Federal drug agents raided a medical marijuana facility in San Francisco Wednesday night.

The raid occurred at Emmalyn's California Cannabis Clinic at 1597 Howard Street. DEA spokeswoman Casey McEnry told CBS 5 the documents regarding the raid are sealed, so the DEA was not able to give many details.

"The documents relating to today's enforcement operation remain under court seal. Based on our investigation we believe there are not only violations of federal law, but state law as well." [CBS]

By claiming the case involves violations of state law, DEA is able to maintain the appearance of abiding by the attorney general's pledge to respect state medical marijuana laws. We're left to wonder if that will now become their blanket justification, to be invoked each time they elect to move in on an established medical marijuana provider. No one was arrested in today's raid, so we'll likely be waiting a while to find out what the hell happened.

The skeptical interpretation is that nothing's changed, that the feds will simply be more careful with the wording they use to describe future enforcement efforts that target medical providers. A worst-case scenario would the adoption of a policy in which the full force of federal law is brought down upon any medical marijuana provider who is accused of even a minor violation of state law. Defendants facing only federal charges would have no means to contest the grounds on which they were targeted to begin with. The practical value of Obama's purported policy shift would be negligible.

However, even if that's DEA's gameplan (which wouldn’t surprise me at all), I doubt it could withstand scrutiny. The salient question of why DEA is usurping the responsibilities of state law-enforcement won't escape notice and press coverage of these events grows increasingly competent as the issue continues to boil.

Obama's position on medical marijuana owes a great deal to pure political pressure resulting from the deep unpopularity of the raids themselves. The public simply hates this and won't be satisfied with a fictitious shell-game solution that merely reframes what DEA is actually doing.

On the heels of Obama's hugely popular decision to end the DEA's raids on medical marijuana providers, it's worth looking into some of the other absurd federal drug policies that interfere with states rights and common sense.

Hemp cultivation isn’t technically illegal in the U.S., but you need a special permit from the DEA, and if you ask for one they'll call you a hippie and tell you to go f@#k yourself.  Seriously, try it. I applied last year and this is the response I got:

Dear Mr. Morgan,

We have finished processing your application to "grow hemp so I can make cool snacks and rope and stuff." We regret to inform you that you are a hippie and you can go screw yourself.

Yours cruelly,

Michele Leonhart,
Acting Administrator
Drug Enforcement Administration

P.S. Your blog sucks and if you put this letter in your blog, we'll burn down the Chipotle next to your office.

That about sums it up. Honestly, I don’t even get why this is an issue. Hemp isn’t drugs. Why DEA gives a damn if people want to cultivate hemp is completely beyond me. Near as I can tell, they're relying exclusively on the argument that people will surreptitiously grow marijuana in their hemp fields, which is preposterous because you can't do that. Hemp will cross-pollinate and destroy any commercial marijuana in its vicinity. It's the anti-pot.

Thus, I tend to assume that DEA's animosity towards hemp is merely a symptom of the broader culture war surrounding marijuana in general. They'll concede nothing to the reform community, even when their intransigence requires them to obstruct legitimate economic activity based on flimsy reasoning.

Of course, now that we have a president with the guts to tell DEA when they're out of line, there's simply no reason this issue can’t move forward. Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, and West Virginia have all passed laws authorizing hemp cultivation and eagerly await the federal go-ahead. Efforts to legalize hemp are also underway in Minnesota and in California, where a hemp bill died on the governor's desk (Schwarzenegger cited conflict with federal law as his reason for rejecting the legislation).

Hemp won't save our economy, but it can provide income for many good, hardworking people. We lead the industrialized world in the importation of hemp and it would make a great deal of sense to start producing it ourselves.

Looks like someone forgot to tell DEA about the economic crisis:

WASHINGTON — The head of the Drug Enforcement Administration spent more than $123,000 to charter a private jet to fly to Bogota, Colombia, last fall instead of taking one of the agency's 106 planes.

The DEA paid a contractor an additional $5,380 to arrange Acting Administrator Michele Leonhart's trip last Oct. 28-30 with an outside company.

The DEA scheduled the trip as the nation was reeling from the worst economic crisis in decades and the national debt was climbing toward $10 trillion. Three weeks later, lawmakers slammed chief executive officers from three automakers for flying to Washington in private jets as Congress debated whether to bail out the auto industry. [McClatchy]

Of course, a DEA official assures us that this was all necessitated by a security threat:

Brown said the administrator couldn't have taken a commercial flight because she and other officials who were traveling with her were under "specific" threat in Colombia at the time. He wouldn't reveal details about the threat, saying only that it was of a "sensitive law-enforcement nature." He added that the threat prompted him to conclude that "a government aircraft would provide a level of security not available on a commercial aircraft."

Makes sense, but…

A U.S. official in Colombia, however, said that officials there weren't aware of any threat against Leonhart other than the general insecurity in the country due to the drug trade.

Interesting. Seriously, how much longer is going to take the Obama Administration to replace Michele Leonhart? Crap like this is nothing compared to the medical marijuana raids, but it serves as yet another reminder that DEA is a rogue agency that just does whatever it wants all the time.

Friends, this is a moment we’ve been anticipating for a long time:

The White House said it expects those kinds of raids to end once Mr. Obama nominates someone to take charge of DEA, which is still run by Bush administration holdovers.

"The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind," White House spokesman Nick Shapiro said. [Washington Times]

It looks like we’re on the verge of a major victory for state medical marijuana laws. For over a decade, this battle has raged from the hills of California to the Nation’s Capital. It has been a defining cause, not only for the medical marijuana community, but for drug policy reform as a whole.

There is no question that a great many challenges remain in our path, but let’s all take a moment to reflect on the fact that our president is poised to order the DEA to stand down. That is not something that happens easily or often. Today’s news suggests the pending culmination of a substantial effort by a broad coalition that is frequently perceived to lack meaningful political leverage. The political landscape is changing before our eyes and I believe we have much to look forward to.

(Please participate in our online action alert and our Facebook petition on this issue.)