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ASA's Analysis of the SF Dispensary Raids

Kris Hermes Americans for Safe Access

Oakland, CA June 25, 2005 -- First, is has become clear that the DEA and SFPD (among other local law enforcement agencies) were operating collaboratively to shut down medical marijuana dispensaries at least two of which had been open for a number of years, supplying patients with much-needed medicine. This cooperation would appear to contradict the city's medical marijuana sanctuary resolution from 2001 <http://www.sfgov.org/site/uploadedfiles/bdsupvrs/resolutions01/r0955-01.pdf>, as well as the District Attorney's comments from last week in the SF Bay Guardian <http://www.sfbg.com/39/37/x_oped.html> affirming patients' rights and expressing an unwillingness to cooperate with the feds.

Second, the bulk of the indictments are for marijuana cultivation. This was evidenced by the fact that the dominant agency during the raids was the DEA, and that what was most visible was numerous plants being hauled out of the facilities. While three indictments were for possession with intent to distribute ecstasy, and another two were for "money laundering," these allegations are from proven and represent a common tactic by the feds to create a smokescreen for their real intentions. In fact, the "money laundering" accusations appear to be levied as a result of operators simply depositing money from medical marijuana proceeds into a bank account. The allegations of ecstasy distribution has no physical connection to any of the dispensaries.

Third, allegations of "organized crime" within a certain ethnic community works to pit dispensing facilities, patients, and people in the "movement" against each other in a "divide and conquer" strategy. Accusing only Asians of illegal acts allows the feds to claim that the activities were gang-related, thereby splitting liberal support for medical marijuana playing on fears of the Asian mafia.

Fourth, the fact that the DEA made statements that differentiate medical from non-medical also points to a "divide and conquer" strategy. The truth is that the federal government does not believe marijuana is medicine regardless. Their position and intent is not an accident, but likely well planned to broadcast to California and the nation that dispensaries (and they are implicitly grouping all dispensaries in this strategy) are just front operations for drug dealing and organized crime. At a time when over 40 cities and counties are deliberating regulations on dispensing, this is no mistake.

Fifth, no evidence appears to exist that these operations were anything but medical marijuana operations. Again, two of the three dispensaries had been operating for years, providing medicine to countless patients. The amount of marijuana seized is consistent with the needs of the patients to whom they were providing medicine.

Therefore, this is a time to come together in defiance against raids such as these and for the medical marijuana movement to speak as a united front. Similar federal activity happened a couple of years ago, but, due to a strong patient response, the feds backed off. The drug war and the feds' war against medical marijuana is a political one, that, despite having very real ramifications, is typically fought on the streets as opposed to a courtroom. Before buying into their "divide and conquer" strategy, ASA invites everyone to think critically about what has happened and join us in fighting back against this affront to patients. Let us not forget that Bryan Epis, Ed Rosenthal, and Scott Imler (among many others) have all been named criminals by the Federal government.