Posts Tagged ‘district of justice’

Oh No! California Drug Task Forces May Get The Ax. LOL

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Photo: Stop The Drug War

​The Humboldt County Drug Task Force, straight from the pot-cultivation center of California’s famed Emerald Triangle, may fall prey to the state budget ax, resulting from cuts enacted by the Legislature late last month to balance the state’s 2011-2012 budget.

Oh, whatevershall we do without them? It’d be a shame for all those cops to have to get real jobs which don’t involve stealing people’s pot crops.

One of those cuts slashed $36 million from the budget of the California Department of Justice’s Division of Law Enforcement, and will likely lead to the elimination of 55 state-led task forces, reports Thadeus Greenson at the Eureka Times-Standard. The list includes the Humboldt County Drug Task Force.
Under the budget deal, the cut almost doubles to $71 million in the next fiscal year, which could trigger the loss of $40 million in matching federal funds — at least we can hope.

Under the direction of DOJ Commander Dan Harward, the Humboldt County Drug Task Force is made up of officers from the district attorney’s office, the Eureka Police Department, the sheriff’s office, the Arcata Police Department, the California Highway Patrol and the FBI. The unit works largely on tips from the public, and claims that it “generally targets high-level offenders.”

“The ability we have, as opposed to other investigative teams in the area, is that we are equipped and capable of handling the long-term investigations,” Harward claimed. “We have the time and resources to put into a case and devote to surveillance so that we we do takedowns, we’re getting multiple pounds as just user quantities,” he said, inadvertently revealing that his salary is a complete waste of taxpayer money.
Nothing definite has been decided regarding the cuts, according to California DOJ Division of Law Enforcement Public Information Officer Michelle Gregory. She said all 55 state-led drug task forces could potentially close, and that no process has been formulated to determine which, if any, of the task forces are to be spared.
The $36 million cut — and next year’s $71 million reduction — come from a yearly budget of just $77 million, according to Harward.
Some efforts are reportedly underway in Sacramento to restore some of the cut funds, but local representatives said they didn’t know about them.
“I’m not aware of any specific efforts to do that,” said Sen. Noreen Evans (D-Santa Rosa). “I think, overall, the Legislature would like to restore all the cuts we made. They’re all very difficult … To put it in perspective, it’s not that law enforcement got targeted. We’re cutting everything. It’s a terrible situation. The cuts are going to be painful for everyone.”
No, Noreen, dear. Not everyone.
In a Wednesday statement, Assemblyman Wesley Chesbro (D-Arcata) said the DOJ cuts won’t result in the layoffs of any local law enforcement officers, but “may result in a reduction of coordination between the Attorney General’s Office and local law enforcement programs.”
Some argue that the elimination of drug task forces — which, in reality, never amounted to much more than a bunch of over-funded, over-armed, sad-sack wanna-be Rambos playing soldier and wasting millions of taxpayer dollars in the process — would disproportionately impact rural counties like Humboldt, where local agencies don’t have the resources to fill the void.
“I think the overall safety of the citizens of Humboldt County would be affected (without the task force),” Harward said.
Yeah, Commander Harward, I agree it would definitely affect the citizens’ safety to no longer have a bunch of hyped-up, over-zealous, microcephalic ass clowns helicoptering onto their property and waving automatic weapons in their faces.

Federal DOJ Memo Sends A Chilling Message To Medical Marijuana Programs

eric holder cannabis

DOJ memo sends a chilling message

By: Don Duncan, Americans for Safe Access

In a move that impacts hundreds of thousands of medical cannabis patients nationwide, the US Department of Justice (DOJ) sent a chilling message tonight to state and local officials who are seeking to implement medical cannabis laws and to those trying to provide legal medicine: You may be prosecuted.  In a memo to US Attorneys nationwide, US Deputy Attorney General James Cole said that

“Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities… are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law… Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws”.

Americans for Safe Access (ASA) is calling on members and supporters to get ready for a large-scale national response to the DOJ threats that could stymie implementation of state and local laws and make getting medicine harder. We have to let President Obama know that federal interference and intimidation hurts patients – and we expect him to do better!

Preventing state and local governments from regulating medical cannabis activity is counterproductive and harmful to legal patients, most of whom cannot or will not grow their own medicine. Without anywhere to obtain their doctor-approved medicine, hundreds of thousands of legal patients are left to fend for themselves and are pushed into the unregulated illicit market. That is not what voters and lawmakers intended when they adopted medical cannabis laws in seventeen states and the District of Columbia.

Americans for Safe Access

The threat of using money laundering and other federal financial crimes is particularly onerous in the current political landscape. Under pressured federal pressure, many banks are denying services to medical cannabis providers; and the IRS is auditing providers in California and Colorado using antiquated codes designed to penalize drug cartels. Fanning these flames only makes meaningful regulation harder. Why not let legislation sponsored by US Representatives Jared Polis (D-CO) and Pete Stark (D-CA) address these issues without intimidating lawmakers, regulators, tax collectors, providers, and others?

This long-awaited clarification from the DOJ upholds the recent status quo of aggressive enforcement against state and local medical cannabis laws, in direct contradiction to Obama’s comment on the campaign trail that he was “not going to be using Justice Department resources to try to circumvent state laws.” Until states and localities have the ability to adopt and enforce their own laws regarding the production and distribution of medical cannabis, federal interference and intimidation will continue to undermine the rights of the very patients the DOJ purports to recognize.

We can do better than the same old federal posture. President Obama should end the criminal prosecution of medical cannabis providers who are obeying state law and cooperate with state and local officials trying to implement rational, compassionate policies. A good first step would be to respond to the nine-year old rescheduling petition that seeks to remove medical cannabis from Schedule I of the Controlled Substances Act. The President could also support legislative efforts to harmonize federal law with the laws of the states where medical cannabis is legal. Support for US Representative Barney Frank’s (D-MA) HR 1983 would go a long way towards bridging the federal divide and reassuring state and local officials that it is OK to implement the law. It may also help persuade legal patients and providers that it is OK to obey it.

Medical Marijuana Community In An Uproar Over Latest Round Of Federal Threats

obama marijuana

Deputy U.S. Attorney General James Cole issued a controversial memorandum Wednesday in an apparent attempt to clarify federal policy with regard to medical marijuana. Calling marijuana “a dangerous drug,” Cole’s memo threatened enforcement actions against “Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities,” including local and state officials. The memo further underscored that “State laws or local ordinances are not a defense to civil or criminal enforcement of federal law.”

Medical marijuana advocates are decrying this new policy as a retreat from President Obama’s pledge that he was “not going to be using Justice Department resources to try to circumvent state laws,” and from the spirit of a previous memo issued by Deputy Attorney General David Ogden in October 2009. “It is disingenuous of the Obama Administration to say it is not attacking patients while obstructing the implementation of local and state medical marijuana laws,” said Steph Sherer, Executive Director of Americans for Safe Access, the country’s largest medical marijuana advocacy group. “The president is using intimidation tactics to stop elected officials from serving their constituents, thereby pushing patients into the illicit market.”

marijuana

Despite the wording of the Ogden memo that federal resources should not be used for “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana,” Cole claimed that his memo was consistent with that of his predecessor. However, patient advocates are questioning what they call glaring inconsistencies. “How are federal threats against local and state officials who are adopting public health measures warranted at any time, let alone at a time of fiscal constraint?” asked Sherer. The Cole memo rejects attempts by state governments to design laws under which medical marijuana providers could be in “clear and unambiguous compliance.”

Over the past few weeks, U.S. Attorneys have sent letters threatening public officials from at least 10 states with criminal prosecution if they implement laws regulating the production and distribution of medical marijuana. The Cole memo appeared to be an attempt to reinforce those threats. “At the same time the federal government is recognizing the rights of people living with cancer and other debilitating diseases to use medical marijuana, it is also denying them the means to obtain it legally,” continued Sherer.

Unwilling to accept this level of hostility from the federal government, patient advocates are putting energy behind a number of initiatives, including a pending petition to reschedule marijuana from its current status as a drug with no medical value, and a number of Congressional bills that aim to reduce federal restrictions on how states implement their own medical marijuana laws. “Until states and localities have the ability to adopt and enforce their own laws regarding the production and distribution of medical cannabis, federal interference will continue to undermine the rights of the very patients the Justice Department purports to recognize,” emphasized Sherer.

Sixteen states and the District of Columbia have legalized medical marijuana for patients with physician approval. Laws regulating dispensaries exist in 10 states — Arizona, California, Colorado, Delaware, Maine, Michigan, New Jersey, New Mexico, Rhode Island, and Vermont — but some states have suspended those laws as a result of federal intimidation. Notably, the states of Vermont and Delaware recently stood up to federal threats and defied such intimidation by passing laws licensing the distribution of medical marijuana.

Further information:
DOJ memorandum from June 29, 2011:http://AmericansForSafeAccess.org/downloads/James_Cole_memo_06_29_2011.pdf
DOJ memorandum from October , 2009: http://blogs.usdoj.gov/blog/archives/192

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