The
Problem With California Contraband
June 3, 2001
Jay
R. Cavanaugh, Ph.D.
AAMC National Director
Many
local California police and sheriff officials have developed an intriguing
new method of “complying” with the California Compassionate
Use Act while “honoring” the Federal Controlled Substances Act.
The schizophrenic
yet brilliant method these recalcitrant officials have come up with is
simple. Whenever they come across legitimate patients or caregivers who
are in possession of, transporting, furnishing, or cultivating medical
marijuana, they seize the marijuana, detain the patients or caregivers,
but do not complete an arrest. Not arresting Californians qualified under
the Compassionate Use Act is the way these officials “comply”
while their seizure of medicine is their way to “honor” the
Controlled Substances Act. To not seize or to seize and return medicine,
these officials say, would be “aiding and abetting” a Federal
felony for which they could lose grant funds. Letting patients and caregivers
go (without medicine) is their way of avoiding charges of false arrest
and losing cases in jury trials.
I
am certain that many police and sheriff officials are quietly congratulating
themselves on the “perfect” solution to tearing the guts out
of the California Constitution and Proposition 215 which they personally
hate. They believe they are above reproach or recrimination in these new
and heartless tactics. Of course, the California Constitution demands
that these officials uphold the law unless a Federal Court of Appeal has
deemed a State Law unconstitutional. Not even the United States Supreme
Court in the 8-0 decision rejecting medical necessity as a defense for
“Cannabis Clubs” came close to obviating California law.
Backed
by huge grants from the Federal Office of Criminal Justice Planning, the
DEA, and other Federal departments, it is not a surprise to anyone that
some local officials would choose to be prostitutes for Washington. Prostituting
and pimping for the Feds may be sleazy but that is the least of the charges
that local officials may soon face. Many citizens have asked the simple
question, “What happens to all of that marijuana that they seize”?
The
fact is that since no criminal charges are filed, the medicine seized
is not evidence. If the U.S. Attorney’s Office is disinterested in
every minor seizure of medical marijuana and the cases are not routinely
referred for Federal prosecution, then just what is the status of the
“contraband”? Since State cases cannot be made without violating
the Compassionate Use Act, the medicine seized is not contraband in California.
If the medicine is Federal contraband, is it being routinely shipped to
the Feds? Is there a chain of custody? Are detailed receipts provided
the “non suspects”?
Unless
all local police and sheriffs have been formally deputized
as United States Marshall’s, what are they doing possessing medical
marijuana for which they have no valid legitimate medical exemption? The
Compassionate Use Act does not exempt California sworn officers in the
course of their duties to possess marijuana. I should think Californians
would be vitally interested to learn that their local police and sheriffs
are not their own but actually Federal Drug Police.
If
they were not Federal police then they would be equally interested to
know why local law officers who seize, destroy, or possess marijuana taken
from patients and caregivers aren’t subject to arrest.
Can
a legitimate California medical marijuana patient or caregiver conduct
a citizen’s arrest upon those police and sheriffs who take their
medicine? I would hope they wouldn’t try it or I’m certain the
local police would find (or make up) charges. They would, in all likelihood,
resist such citizen arrests with force.
Our
District Attorney’s and most certainly our State Attorney General
can investigate and arrest local law officers for possession of contraband
and destruction of citizen property. You see the price of pimping and
prostitution is going up. It’s time for legal minds better than mine
to address these critical questions. Just who is going to do something
about local authorities taking away the legitimate medicine of those who
suffer?
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