« Government Shows No Compassion for Medical Pot Consumption (3 of 5) | Main | Government Shows No Compassion for Medical Pot Consumption (part 5 of 5) »
Government Shows No Compassion for Medical Pot Consumption (part 4 of 5)
By Hempology | June 17, 2007
AlterNet
16 Jun, 2007
Patrick McCartney and Martin A. Lee
Part 4 of 5
A Pandora’s Box
If SB 420 had opened a Pandora’s box of neighborhood marijuana dispensaries, the U.S. Supreme Court’s June 2005 decision in Gonzales v. Raich gave federal authorities a powerful tool in their effort to close it. While the 6-3 decision against Angel Raich and Diane Monson — whose medical cannabis had been grown and consumed within California — did not overturn the law created by Prop 215, the justices reaffirmed the federal government’s authority to enforce federal law.
On August 1, 2005, McGregor Scott sent a letter to all California’s district attorneys, sheriffs and police chiefs interpreting the Supreme Court decision. Local law enforcement had asked the U.S. Attorney’s office for “possible enforcement action against ‘medical marijuana’ dispensaries,” Scott stated, before citing the CDAA summer conference opinion as proof that the dispensaries violate California as well as federal law. Scott encouraged local agencies to first consult with their own district attorney regarding the potential for local prosecution. He also attached a copy of an article about SB 420 that ran in the Prosecutor’s Brief, a quarterly CDAA publication.
Scott’s anti-cannabis campaign set the stage for increased cooperation with local prosecutors, who have transferred a number of difficult medical marijuana cases to federal authorities, especially in the Eastern District. Armed with Scott’s letter and the secret CDAA opinion, law enforcement opposed the opening of new dispensaries and pushed city councils and county supervisors to enact moratorium ordinances. The California Police Chiefs Association lobbied officials with the League of California Cities, and on a few occasions DEA agents or a DEA counsel attended city council meetings at the invitation of local police.
Relocated to the foothills of El Dorado County, McGregor Scott took a personal interest in the public discussion of a marijuana dispensary ordinance in the gold-rush town of Placerville, the county seat. After watching public-access television coverage of a city council hearing, Scott phoned the town manager, John Driscoll, to commiserate. The U.S. attorney told him the advocates who spoke at the meeting were simply in it for the money, Driscoll reported to associates.
Topics: Articles | Comments Off
Comments are closed.