DANA POINT – In what attorneys for medical marijuana dispensaries characterized as an aggressive move, this city closed three shops on Monday citing building and municipal code violations.
The Orange County Sheriff's Department on Friday had executed a search warrant at one of those shops.
The city and the dispensaries have been in an 18-month battle begun with Dana Point's efforts first to obtain records from pot shops, including client names, as part of a city investigation to figure out if the facilities are operating legally. Then last year, the city sued to shut down the dispensaries saying they're operating illegally.
Attorneys for two dispensaries closed on Monday and where the utilities were disconnected said they were surprised by the action.
"I am shocked that the constitution can be suspended this way. They've got some explaining to do," said attorney Jeff Schwartz for Beach Cities Collective, adding that he planned to file suit in Orange County Superior Court for violation of his clients' due process. "This is the first time I've ever read the city completely bypassing the court."
He said while the city had sent the dispensary a letter outlining violations it did not cite the authority under which it could shut down the place.
Alison Adams, attorney for Holistic Health, said she also expects to sue the city.
"This is an illegal action by the city and an attempt to deprive the people of Dana Point the benefits that the voters of the state of California and the Legislature intended them to have," she said.
City Attorney Patrick Munoz said that the municipal code authorizes the actions taken by the city.
"Laws that were enforced today had nothing to do with marijuana. These are standard municipal codes that are adopted by every city in the state," he said. "If they were selling shoes or stationary without a certificate of occupancy, they'd be subject to the same laws that we utilized today."
Munoz countered Schwartz's assertion that among the violations the city had listed in notices sent earlier this month to the dispensaries were those currently being litigated.
"These issues have not been before the courts previously," he said.
City officials on Monday red tagged Beach Cities Collective, Holistic Health and The Point Alternative Care, the third dispensary where sheriff's officials executed a search warrant on Friday. Details of the search were not immediately available.
Munoz declined to comment when asked why the city action was being brought now since Dana Point and the dispensaries had been locked in legal disputes for several months.
The process and questions raised in the battle between the city and the dispensaries have gotten mired in legal quagmires and ventured into some uncharted legal territory that has lengthened the fight. And, the city has spent approximately $370,000 in legal costs in suits related to medical marijuana.
In letters sent to the dispensaries from the city's community development code enforcement division earlier this month – with contents varying depending on violations noted – Dana Point gave the dispensaries notice and deadlines to take action.
The letter to Beach Cities Collective reads that a failure to comply by last Thursday "shall result in the ordering of the building to be immediately vacated, posted unsafe, barricaded and utilities disconnected."
That is the action the city took on Monday at all three dispensaries that had remained open in town. While Beach Cities Collective didn't have a certificate of occupancy – required under state building code – Holistic Health had one but for a different use, the city attorney said.
Among other building and municipal code violations noted to dispensaries included those businesses not being permitted in the zones they are in, improvements made without permits and safety issues.
Shelly White of San Clemente was in line at the Beach Cities Collective on Monday to get marijuana for her daughter Malinda Traudt, who was born with cerebral palsy, epilepsy and blindness. Traudt had sued Dana Point to keep open the dispensary from which her family obtains marijuana to manage her pain, a suit that was tossed out last year by a Superior Court judge and is on appeal.
White said at least 10 other patients were turned away when the dispensary was closed.
"I am devastated especially as it pertains to our lawsuit ... this is where we get our medication," she said. "Our lawsuit was hoping to preempt this kind of action."
"If cities could do this then why do you need all these lawsuits," added Schwartz, who represents Traudt. "The fundamental position is this: everyone has a constitutional right before you can have your life, liberty, property, any rights taken away. You have due process which means a notice and an opportunity to be heard ... I have never heard of a city being that aggressive."
Source: OC Register
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Showing posts with label raid. Show all posts
Showing posts with label raid. Show all posts
Monday, January 24, 2011
Saturday, January 1, 2011
Another Vengeful Pot Bust of Medical Users in California
Political Perspective by Tim King
It's apt that the nickname of this community is 'SLO'- it underscores the mentality of law enforcement in this semi-rural county.
(SAN LUIS OBISPO, Calif.) - San Luis Obispo, California Sheriff Pat Hedges is up to his old tricks; making a mockery of California's laws that protect sick people who use medical marijuana. This week his intensive 'anti-drug' efforts involved his tracking down "mobile marijuana dispensaries" that deliver medicine to those who have an otherwise difficult time accessing this legal herb. Remember, in California dispensaries can legally sell marijuana, unlike Oregon.
Fifteen people were arrested in Hedges' big 'drug bust'. The youngest was 33, the oldest was 60. One of those arrested; Pete Miller of Paso Robles, stated:
"Sheriff Hedges is making one last gasp against Medical Marijuana before his term is up next month. A girlfriend of a detective got a legal MM recommendation from a local doctor. She then used the print out of Dispensaries and Delivery services and asked for deliveries from all or most of the services listed on the print out. Anybody who made a delivery to Amy Dobson was raided by the Sheriff's Drug Taskforce on or around Dec. 28."
Apparently the 'investigation' was simply an effort to arrest and jail non-violent offenders based on the use of business records. And that took two months? Pete Miller also said:
"I am a Medical Marijuana patient and manage a very small MM co-operative. I made deliveries to Dobson and personally verified her recommendation. I now have 5 cannabis related felonies against me."
SLO the Madness
I moved to this area from Los Angeles when I was in high school, and quickly learned how people here really appreciate the five hours' distance from LA. The license plate frames here read, "Come Up for Air - San Luis Obispo" and it is true; this is a beautiful part of California, probably the best.
We might need to change those license plates to 'Come Up TO SLO Town for some HOT AIR'
The people here are perhaps a little detached from reality if they keep electing people like Pat Hedges. If public officials choose to dismiss the laws approved by a state's voters, then they themselves need to be dismissed.
Hedges and others like him are the last vestiges of an effort to demonize marijuana and portray it as harmful when studies conclusively prove it is not.
History of Marijuana Politics in America
This whole affair to outlaw marijuana began in the early part of the 20th Century when companies like Dow and Dupont set out with the help of the Hearst Newspaper chain, to convince Americans that this simple ancient health remedy and incredible renewable resource that can be used for everything from food and fuel to fiber and paper was a danger to American youth.
They wanted to market 'synthetic' rope; that is what launched the effort that is typified by the movie 'Reefer Madness' - where marijuana smokers take a toke and start killing people. It worked and millions always believed marijuana was the worst thing in existence.
Again, this only dates back to the 1930's. Until the early 20th Century, marijuana based medicines were prescribed more than any other type of 'drug'. The result led to more terrible factories that pumped more toxic fumes into the air so they could replicate what Mother Nature already did so well.
No matter what, especially based on past history, this current series of arrests by the SLO Sheriff appears to be a personal vendetta paid for by San Luis Obispo taxpayers. Based on the press releases on their Website detailing crimes in recent months; Murder, Double Murder, Sex Crimes; it looks like they have plenty to do in terms of actual law enforcement.
In the present case, Hedge's teams weren't out catching sex offenders or dangerous criminals. With the use of a whole bunch of cops from a whole group of agencies, they reportedly spent two months "investigating" these deliveries of pot to other people in California.
The agencies putting resources into this operation include the Santa Barbara Regional Narcotic Task Force, San Luis County Sheriff’s Department, Santa Barbara Sheriff’s Department, San Luis Obispo Police, Santa Maria Police and the California Highway Patrol.
It didn't even involve the crossing of state lines.
I wonder how many people are safer as a result of this police work?
Background on Pat Hedges
Hedges' idea of well spent tax dollars, involves his extreme approach toward arresting medical marijuana users and suppliers.
The nation's Attorney General Eric Holder, who represents President Obama's system of justice in the US, specifically stated that federal resources would not be used to arrest smalltime users. Looks like Hedges wants to make a mockery out of that statement also, as well as Holder and Obama directly.
In the past he led a federally involved witch hunt for a completely legitimate gentleman named Chuck Lynch who operated a dispensary in my former hometown, Morro Bay, California.
For those who don't already know this, cities with their own police departments, like Morro Bay, are responsible for crimes within their city limits. The local sheriff's department is charged with patrolling the unincorporated areas that are not within city limits. San Luis Obispo is a big county with a lot of area that rarely sees a deputy. Why would they need to work a city case?
The fact that Lynch was approved of and well thought of by his city's police chief, mayor and chamber of commerce director, did not mean anything; there was no reprieve for his having done everything right.
Like Tommy Chong, Lynch was an example of the nation's outdated and nonsensical laws against pot and Lynch's case, like Chongs's, represents the spending of incredible amounts of federal money, mostly to satiate the egos of the feds and people like Hedges.
Pat Hedges and his 'troops' did many things that should have led to an acquittal of charges against Lynch; he never should have been arrested in the first place.
Get this one...
According to the San Luis newspaper, where reporters worked from a news release that I tried but was unable to locate anywhere online:
"Investigators seized approximately 4 grams of cocaine, 57 pounds of marijuana, 162 marijuana plants, 146 grams of hash and 718 grams of hash oil, with an estimated street value of $3,482,308, according to the news release. Seven firearms and $492,931 in cash also were confiscated."
I think we can easily figure out whose lungs that seized pot has been filling; Pat Hedges may be full of hot air, but these guys are straight up blowing smoke.
For you folks who have never used drugs like cocaine, please understand that this is something like one night's worth for maybe two people. Back in the 'day' this would have sold for a couple of hundred bucks.
162 marijuana plants, that is probably all within the legal boundaries. There is no specificity as to the plants' age or size and so this is just ridiculous. The majority could have been little tiny starts that were one or two inches high. It isn't even fair to put a 'value' on a plant that is a person's property, but we'll go ahead and say a hundred bucks a plant, so let's go with about $16,200 there just to place a fair rounded value on it. You can't take a tiny plant that may or may not make the life cycle; that could be killed by mites and many other problems. Sure, if a person spends hundreds of hours under ideal conditions tending a plant, it can yield up to three pounds, but that is extremely rare.
Now, 57 pounds of marijuana; that is a lot, but not that much among the fifteen legal medical users it was seized from. A person selling that would probably be happy to get about $1600 a pound. That would be about $81,200. Now, once that goes on the 'street' which I doubt any of it was intended for, it could double the value, figuring it was going for an average price of $200 an ounce, the 57 pounds would be worth about $162,400.
"146 grams of hash and 718 grams of hash oil". OK, let's do the math on this. Hash sells for about ten bucks a gram but let's double that for the sake of this and make it $20 dollars a gram. There are 28 grams in an ounce, so that is slightly over five ounces. The 'street' value would be a little over $2,900, so let's make it three grand to be fair.
Now, how many of you know what actual 'hash oil' is? First, hash, hash oil, high THC concentration salves for treating skin cancer, cooking oil, marijuana butter; this is simply what people 'do' with marijuana. Sometimes the patient needs CBD'c and CBC's and these are not found in the typical 'budding' female marijuana plant; the one that gets a person high. These aspects of the cannabis plant are used to treat very serious diseases and they don't affect a person by getting them high.
Without knowing for sure, I would say that the 'hash oil' the narc's press release mentions, is probably more like marijuana cooking oil, not hash oil, but what is the difference; either way it's just liquified marijuana. They make it sound like an amazing amount but we're not talking about very much. 718 grams is just over 25 ounces; about a pound and a half. It was probably in mason jars, about one jar's worth, and not even a large one at that. A jar of this oil, if it was high THC content, (not all of it is) would have probably sold for a couple of hundred bucks, though again we can probably conclude that this was all medically related and never would have sold at all, but been smoked. I would think it would have helped a lot of sick people but instead the mindless ambitions of Hedges and his narc team led to it being seized. If it was concentrated oil, real hash oil, then it would have had a bit of value.
According to www.drugtext.org's page on hash oil:
"It is usually sold in tiny glass vials containing anywhere from 1 to 5 grams of the expensive liquid. Considering that one gram can get perhaps fifty people high, its cost-about $25 to $60 for a gram at current market prices-is not considered prohibitive."
So with the absolute highest dollar it could possibly worth, if it was sold on the street, would be $42 960.
Are your eyebrows up yet? These police officers are just writing fiction and this is easy to check for yourself.
Value of the pot plants: $16,200
Value of the cocaine: $200
Value of the pot: $162,400
Value of the hash: $2,900
Value of the hash oil: $42,960
Value of the entire haul: $224,660
The Regional Narcotic Task Force claims to have seized $3,482,308 worth of pot, etc.
I'm the first to admit that I'm not always great with math, but this is a very simple one to figure out. It looks to me like in a real world, this stuff would have a top dollar value of $224,660. You can subtract that from their highly inflated figure of $3,482,308 and still have three million dollars left over in change.
Looks like the cops are almost all blowing smoke in SLO County these days, and toss in their cohorts; from as far away as Santa Barbara. All part of their heavily funded narco drug team that spends two months busting mobile pot wagons that are operating above the board, but getting tricked by a detective's girlfriend? I've heard it all now. So much for the integrity that ever existed with these clowns.
Among seven presumably legal medical patients, the invading police teams found seven guns. Since when are people not entitled to own guns? The police had guns, are they in trouble for that? No, it is just mentioned by police because they know news media will parrot the information and further portray the medical patients as criminals. The police took all of the money from the homes of fifteen medical marijuana patients.
Fifteen unsuspecting people in Southern California, where life isn't cheap under any circumstances, had a total of $492,931 in cash seized by the cops. This is theft, more pain from Hedges' game. Oh wait, speaking of pain, six children were seized and placed into protective custody by the San Luis Obispo County Department of Child Welfare Services. according to the San Luis Obispo newspaper. What a travesty, Hedges must never be allowed to live this down and I hope massive protests take place and that a barrage of emails begin.
So welcome to the land of the backwoods law approach. As far as the three million dollar discrepancy in the value of the stolen, I mean seized items, do the math yourself and tell me if I am missing something. I see a bogus propaganda campaign from a county just far off the radar to get away with this type of crap.
Source: Salem News
It's apt that the nickname of this community is 'SLO'- it underscores the mentality of law enforcement in this semi-rural county.
(SAN LUIS OBISPO, Calif.) - San Luis Obispo, California Sheriff Pat Hedges is up to his old tricks; making a mockery of California's laws that protect sick people who use medical marijuana. This week his intensive 'anti-drug' efforts involved his tracking down "mobile marijuana dispensaries" that deliver medicine to those who have an otherwise difficult time accessing this legal herb. Remember, in California dispensaries can legally sell marijuana, unlike Oregon.
Fifteen people were arrested in Hedges' big 'drug bust'. The youngest was 33, the oldest was 60. One of those arrested; Pete Miller of Paso Robles, stated:
"Sheriff Hedges is making one last gasp against Medical Marijuana before his term is up next month. A girlfriend of a detective got a legal MM recommendation from a local doctor. She then used the print out of Dispensaries and Delivery services and asked for deliveries from all or most of the services listed on the print out. Anybody who made a delivery to Amy Dobson was raided by the Sheriff's Drug Taskforce on or around Dec. 28."
Apparently the 'investigation' was simply an effort to arrest and jail non-violent offenders based on the use of business records. And that took two months? Pete Miller also said:
"I am a Medical Marijuana patient and manage a very small MM co-operative. I made deliveries to Dobson and personally verified her recommendation. I now have 5 cannabis related felonies against me."
SLO the Madness
I moved to this area from Los Angeles when I was in high school, and quickly learned how people here really appreciate the five hours' distance from LA. The license plate frames here read, "Come Up for Air - San Luis Obispo" and it is true; this is a beautiful part of California, probably the best.
We might need to change those license plates to 'Come Up TO SLO Town for some HOT AIR'
The people here are perhaps a little detached from reality if they keep electing people like Pat Hedges. If public officials choose to dismiss the laws approved by a state's voters, then they themselves need to be dismissed.
Hedges and others like him are the last vestiges of an effort to demonize marijuana and portray it as harmful when studies conclusively prove it is not.
History of Marijuana Politics in America
This whole affair to outlaw marijuana began in the early part of the 20th Century when companies like Dow and Dupont set out with the help of the Hearst Newspaper chain, to convince Americans that this simple ancient health remedy and incredible renewable resource that can be used for everything from food and fuel to fiber and paper was a danger to American youth.
They wanted to market 'synthetic' rope; that is what launched the effort that is typified by the movie 'Reefer Madness' - where marijuana smokers take a toke and start killing people. It worked and millions always believed marijuana was the worst thing in existence.
Again, this only dates back to the 1930's. Until the early 20th Century, marijuana based medicines were prescribed more than any other type of 'drug'. The result led to more terrible factories that pumped more toxic fumes into the air so they could replicate what Mother Nature already did so well.
No matter what, especially based on past history, this current series of arrests by the SLO Sheriff appears to be a personal vendetta paid for by San Luis Obispo taxpayers. Based on the press releases on their Website detailing crimes in recent months; Murder, Double Murder, Sex Crimes; it looks like they have plenty to do in terms of actual law enforcement.
In the present case, Hedge's teams weren't out catching sex offenders or dangerous criminals. With the use of a whole bunch of cops from a whole group of agencies, they reportedly spent two months "investigating" these deliveries of pot to other people in California.
The agencies putting resources into this operation include the Santa Barbara Regional Narcotic Task Force, San Luis County Sheriff’s Department, Santa Barbara Sheriff’s Department, San Luis Obispo Police, Santa Maria Police and the California Highway Patrol.
It didn't even involve the crossing of state lines.
I wonder how many people are safer as a result of this police work?
Background on Pat Hedges
Hedges' idea of well spent tax dollars, involves his extreme approach toward arresting medical marijuana users and suppliers.
The nation's Attorney General Eric Holder, who represents President Obama's system of justice in the US, specifically stated that federal resources would not be used to arrest smalltime users. Looks like Hedges wants to make a mockery out of that statement also, as well as Holder and Obama directly.
In the past he led a federally involved witch hunt for a completely legitimate gentleman named Chuck Lynch who operated a dispensary in my former hometown, Morro Bay, California.
For those who don't already know this, cities with their own police departments, like Morro Bay, are responsible for crimes within their city limits. The local sheriff's department is charged with patrolling the unincorporated areas that are not within city limits. San Luis Obispo is a big county with a lot of area that rarely sees a deputy. Why would they need to work a city case?
The fact that Lynch was approved of and well thought of by his city's police chief, mayor and chamber of commerce director, did not mean anything; there was no reprieve for his having done everything right.
Like Tommy Chong, Lynch was an example of the nation's outdated and nonsensical laws against pot and Lynch's case, like Chongs's, represents the spending of incredible amounts of federal money, mostly to satiate the egos of the feds and people like Hedges.
Pat Hedges and his 'troops' did many things that should have led to an acquittal of charges against Lynch; he never should have been arrested in the first place.
Get this one...
According to the San Luis newspaper, where reporters worked from a news release that I tried but was unable to locate anywhere online:
"Investigators seized approximately 4 grams of cocaine, 57 pounds of marijuana, 162 marijuana plants, 146 grams of hash and 718 grams of hash oil, with an estimated street value of $3,482,308, according to the news release. Seven firearms and $492,931 in cash also were confiscated."
I think we can easily figure out whose lungs that seized pot has been filling; Pat Hedges may be full of hot air, but these guys are straight up blowing smoke.
For you folks who have never used drugs like cocaine, please understand that this is something like one night's worth for maybe two people. Back in the 'day' this would have sold for a couple of hundred bucks.
162 marijuana plants, that is probably all within the legal boundaries. There is no specificity as to the plants' age or size and so this is just ridiculous. The majority could have been little tiny starts that were one or two inches high. It isn't even fair to put a 'value' on a plant that is a person's property, but we'll go ahead and say a hundred bucks a plant, so let's go with about $16,200 there just to place a fair rounded value on it. You can't take a tiny plant that may or may not make the life cycle; that could be killed by mites and many other problems. Sure, if a person spends hundreds of hours under ideal conditions tending a plant, it can yield up to three pounds, but that is extremely rare.
Now, 57 pounds of marijuana; that is a lot, but not that much among the fifteen legal medical users it was seized from. A person selling that would probably be happy to get about $1600 a pound. That would be about $81,200. Now, once that goes on the 'street' which I doubt any of it was intended for, it could double the value, figuring it was going for an average price of $200 an ounce, the 57 pounds would be worth about $162,400.
"146 grams of hash and 718 grams of hash oil". OK, let's do the math on this. Hash sells for about ten bucks a gram but let's double that for the sake of this and make it $20 dollars a gram. There are 28 grams in an ounce, so that is slightly over five ounces. The 'street' value would be a little over $2,900, so let's make it three grand to be fair.
Now, how many of you know what actual 'hash oil' is? First, hash, hash oil, high THC concentration salves for treating skin cancer, cooking oil, marijuana butter; this is simply what people 'do' with marijuana. Sometimes the patient needs CBD'c and CBC's and these are not found in the typical 'budding' female marijuana plant; the one that gets a person high. These aspects of the cannabis plant are used to treat very serious diseases and they don't affect a person by getting them high.
Without knowing for sure, I would say that the 'hash oil' the narc's press release mentions, is probably more like marijuana cooking oil, not hash oil, but what is the difference; either way it's just liquified marijuana. They make it sound like an amazing amount but we're not talking about very much. 718 grams is just over 25 ounces; about a pound and a half. It was probably in mason jars, about one jar's worth, and not even a large one at that. A jar of this oil, if it was high THC content, (not all of it is) would have probably sold for a couple of hundred bucks, though again we can probably conclude that this was all medically related and never would have sold at all, but been smoked. I would think it would have helped a lot of sick people but instead the mindless ambitions of Hedges and his narc team led to it being seized. If it was concentrated oil, real hash oil, then it would have had a bit of value.
According to www.drugtext.org's page on hash oil:
"It is usually sold in tiny glass vials containing anywhere from 1 to 5 grams of the expensive liquid. Considering that one gram can get perhaps fifty people high, its cost-about $25 to $60 for a gram at current market prices-is not considered prohibitive."
So with the absolute highest dollar it could possibly worth, if it was sold on the street, would be $42 960.
Are your eyebrows up yet? These police officers are just writing fiction and this is easy to check for yourself.
Value of the pot plants: $16,200
Value of the cocaine: $200
Value of the pot: $162,400
Value of the hash: $2,900
Value of the hash oil: $42,960
Value of the entire haul: $224,660
The Regional Narcotic Task Force claims to have seized $3,482,308 worth of pot, etc.
I'm the first to admit that I'm not always great with math, but this is a very simple one to figure out. It looks to me like in a real world, this stuff would have a top dollar value of $224,660. You can subtract that from their highly inflated figure of $3,482,308 and still have three million dollars left over in change.
Looks like the cops are almost all blowing smoke in SLO County these days, and toss in their cohorts; from as far away as Santa Barbara. All part of their heavily funded narco drug team that spends two months busting mobile pot wagons that are operating above the board, but getting tricked by a detective's girlfriend? I've heard it all now. So much for the integrity that ever existed with these clowns.
Among seven presumably legal medical patients, the invading police teams found seven guns. Since when are people not entitled to own guns? The police had guns, are they in trouble for that? No, it is just mentioned by police because they know news media will parrot the information and further portray the medical patients as criminals. The police took all of the money from the homes of fifteen medical marijuana patients.
Fifteen unsuspecting people in Southern California, where life isn't cheap under any circumstances, had a total of $492,931 in cash seized by the cops. This is theft, more pain from Hedges' game. Oh wait, speaking of pain, six children were seized and placed into protective custody by the San Luis Obispo County Department of Child Welfare Services. according to the San Luis Obispo newspaper. What a travesty, Hedges must never be allowed to live this down and I hope massive protests take place and that a barrage of emails begin.
So welcome to the land of the backwoods law approach. As far as the three million dollar discrepancy in the value of the stolen, I mean seized items, do the math yourself and tell me if I am missing something. I see a bogus propaganda campaign from a county just far off the radar to get away with this type of crap.
Source: Salem News
Labels:
arrests,
medical marijuana,
raid,
san luis obispo
Monday, October 18, 2010
NEWS: San Diego County Narcotics Task Force Detectives Open and Operate Medical Marijuana Dispensary in San Diego
By: Eugene Davidovich, October 18, 2010
The undercover officers dubbed themselves as ‘New Management’ before detaining and interrogating unsuspecting patients walking into the dispensary that day.
SAN DIEGO –Thursday morning of last week, San Diego County Narcotics Task Force (NTF) detectives arrested James Harder a founding member of the Helping Hands Wellness Collective at his home in San Diego. The detectives also served search warrants at the dispensary located on 5th Avenue in Hillcrest. The arrest and search of the dispensary was the extent of what the search and arrest warrants authorized the NTF to do that that day.
After booking Harder into San Diego County Jail, NTF Detective Mark Andrew Carlson however was not finished. He ordered his team to dawn orange Helping Hands Wellness shirts and open the dispensary on time at 10am, taking San Diego District Attorney (DA) Bonnie Dumanis’ fierce fight against medical marijuana to a whole new level.
Mark Carlson is the same detective who for over two years, under the direct orders of Deputy DA Chris Lindbergh led the investigation and helped prosecute Jovan Jackson of Answerdam collective. After Jackson was vindicated of all marijuana related charges in his first trial, Carlson was instrumental in convincing the DA’s office to continue with the second prosecution and trial.
According to Matt, one of the patients who visited the dispensary that day, detectives welcomed him to the collective, told him the facility was under ‘new management’, checked him in, and even provided him with free concentrated cannabis (hash) as a gift before inquiring with the unsuspecting patient whether he cultivated his own medicine. As soon as Matt told them that he did, the detectives pulled out their badges, said they were DEA, and then proceeded to detain and interrogate him for almost two hours.
San Diego Americans for Safe Access (SDASA), the local chapter of the nation’s largest advocacy group advancing therapeutic use and research medical marijuana, received a call on Thursday around noon from another patient who said the Helping Hands Collective was “taken over” by law enforcement. The call was followed by an email to SDASA from a sales representative of San Diego CityBeat, who also stopped into the dispensary that day to visit their advertising client only to find out that the place is ‘under new management’.
Upon receipt of these reports, SDASA quickly activated the local Raid Response Team (RRT). The team was successfully able to verify, confirm, and notify the community of the raid within minutes of the initial reports.
San Diego CityBeat reported on the story that afternoon, quoting Matt as saying, “They kept asking how much medicine do I buy, how am I affording it, where am I getting it from, what cooperatives I’m a member of where my garden is, they just basically, in a easy sentence, they raped me for everything I had and never told me I had a right to remain silent. They made me think if I didn’t talk they would arrest me on the spot.”
The NTF detectives were operating the collective from 10am to 2pm before being forced to cease their activity by San Diego Americans for Safe Access advocates, who quickly arrived on the scene.
Aside from the quick response, members of SDASA’s RRT that day, successfully and lawfully intervened and were able to stop to the NTF from operating the collective and putting additional patients at risk of this rogue action by San Diego NTF detectives.
San Diego Americans for Safe Access – Raid Response Team Eye Witness Account:
After receiving the call from a patient on Thursday morning, I first called Helping Hands to verify the reports of a ‘take over’. A male voice in a very polite manner answered the phone saying “Helping Hands, how may I help you today?”
I asked the male, “Is the collective open today?”
My question was quickly answered with another question. “Are you a customer or a vendor?”
This immediately raised a red flag for me and added to my suspicion that the person on the other line, was not a member of the collective but was in fact an undercover police officer posing as a member. I asked myself, “has the NTF actually stooped to this level?”
I proceeded to tell the person on the line, “My name is Eugene Davidovich and I’m calling from San Diego Americans for Safe Access, can we speak to a member of this collective?”
The male answered, “Hold on let me let you speak with the manager.”
After a short delay, another male got on the phone, and this time said “Who is this, can I help you?”
The voice was very familiar and only one name came to mind; Detective Mark Andrew Carlson, San Diego NTF detective who was the lead investigator in the Jovan Jackson case.
I introduced myself to the supposed “patient” and asked to speak to a member of the collective again. This time the undercover told me “hold on” and the line went dead.
Following this conversation, I activated the SDASA RRT and headed for the facility in Hillcrest.
Before I arrived at the collective, Terrie Best, another member of the RRT was already on the scene conducting an onsite survey. By the time I arrived, Terrie reported finding no evidence of police activity in front of the collective and at first, everything appeared to be normal. No police cars, DEA trucks or any other law enforcement activity was visible. The facility appeared open, and we could see people moving inside through the windows.
As soon as Terrie and I walked up to the front entrance of the facility, the lock in the glass tinted doors clicked shut. I knocked on the door and through the tinted window could see someone wearing an orange Helping Hands T-Shirt motioning to us with a finger that he would be right with us.
After not being let in through the fount doors, we walked around the back of the building into the alley.
This is when we realized the reports were true. The NTF had taken over the collective and was operating it under the guise of “new management”.
Six large F150 trucks were parked in the alley in back of the facility. A large white trailer was pushed up to the back door of the collective and almost a dozen undercover officers were scurrying back and forth loading unmarked boxes and bags in to the trailer.
After several minutes of watching the officers pack the trailer, I saw Detective Carlson walk out from the back of the collective. The minute he saw me, he screamed “Eugene, get out of here”.
While Carlson was busy venting his anger out at me, Terrie was busy questioning the other detectives as to why they were there, what agency they were with, etc.
I could hear Terrie ask one of the undercover officers, “are you San Diego County Sheriff or DEA”?
The undercover replied, “I’m a Sheriff from one of 58 Sheriff’s Department in the State”.
“Which one”? Terrie asked.
After hesitating for a moment the detective finally caved in and admitted, “I am with the Santa Barbara County Sheriff’s Department”.
“Why did you raid this collective?” Terrie continued.
The undercover replied, “That’s a part of an ongoing investigation, and I can’t talk about it unless you are with the media, are you with the media?”
“No I am not”, Terrie replied. “But what would you tell me if I was with the media?”
The detective could not resist Terrie’s friendly demeanor and sweet personality he told Terrie “I would tell you to call the Public Information Officer”.
“Great, what’s his name and number”, Terrie replied.
“That’s not Public information” the officer hissed.
Terrie was quick to point out that “you just told me that it was the ‘Public’ information officer was it not?”
The detective frustrated, let out a groan and walked away. Clearly perturbed with the SDASA RRT presence, Carlson proceeded to hurry all the detectives along to pack the trailer faster.
By this time Dennis and Melissa, two other members of the SDASA RRT arrived on the scene and joined our efforts.
As we continued to monitor the situation, one of the officers dressed in an orange Helping Hands t-shirt walked out of the collective and began to chit chat with the others, apparently forgetting that he was still dressed up as a ‘member’ of the collective.
I walked closer to him and called out “Excuse me sir, with the Helping Hands shirt, are you a member of this collective?”
The detective at first ignored me, then quickly two others ran up to him, and began to shout at the undercover, “I told you to stay inside, you are under arrest”.
When I realized, the detectives were trying to create the appearance that the person wearing the Helping Hands shirt, was actually a member under arrest and not an undercover officer, I couldn’t help but laugh at the pathetic attempt. Minutes later, a photographer from NBC arrived to document the events.
After seeing news cameras, detectives jumped in their cars and took off with tires screeching ending their day of opening and operating a dispensary.
Following this incident, I contacted Detective Carlson’s boss with the San Diego Police Department and inquired if Carlson was authorized as part of the investigation to operate the dispensary. His boss told me that he was not aware that the NTF was actually operating the facility. He said he was under the impression that San Diego detectives were simply assisting the Santa Barbara NTF in executing a search and arrest warrant.
Source: Americans for Safe Access (San Diego)
The undercover officers dubbed themselves as ‘New Management’ before detaining and interrogating unsuspecting patients walking into the dispensary that day.
SAN DIEGO –Thursday morning of last week, San Diego County Narcotics Task Force (NTF) detectives arrested James Harder a founding member of the Helping Hands Wellness Collective at his home in San Diego. The detectives also served search warrants at the dispensary located on 5th Avenue in Hillcrest. The arrest and search of the dispensary was the extent of what the search and arrest warrants authorized the NTF to do that that day.
After booking Harder into San Diego County Jail, NTF Detective Mark Andrew Carlson however was not finished. He ordered his team to dawn orange Helping Hands Wellness shirts and open the dispensary on time at 10am, taking San Diego District Attorney (DA) Bonnie Dumanis’ fierce fight against medical marijuana to a whole new level.
Mark Carlson is the same detective who for over two years, under the direct orders of Deputy DA Chris Lindbergh led the investigation and helped prosecute Jovan Jackson of Answerdam collective. After Jackson was vindicated of all marijuana related charges in his first trial, Carlson was instrumental in convincing the DA’s office to continue with the second prosecution and trial.
According to Matt, one of the patients who visited the dispensary that day, detectives welcomed him to the collective, told him the facility was under ‘new management’, checked him in, and even provided him with free concentrated cannabis (hash) as a gift before inquiring with the unsuspecting patient whether he cultivated his own medicine. As soon as Matt told them that he did, the detectives pulled out their badges, said they were DEA, and then proceeded to detain and interrogate him for almost two hours.
San Diego Americans for Safe Access (SDASA), the local chapter of the nation’s largest advocacy group advancing therapeutic use and research medical marijuana, received a call on Thursday around noon from another patient who said the Helping Hands Collective was “taken over” by law enforcement. The call was followed by an email to SDASA from a sales representative of San Diego CityBeat, who also stopped into the dispensary that day to visit their advertising client only to find out that the place is ‘under new management’.
Upon receipt of these reports, SDASA quickly activated the local Raid Response Team (RRT). The team was successfully able to verify, confirm, and notify the community of the raid within minutes of the initial reports.
San Diego CityBeat reported on the story that afternoon, quoting Matt as saying, “They kept asking how much medicine do I buy, how am I affording it, where am I getting it from, what cooperatives I’m a member of where my garden is, they just basically, in a easy sentence, they raped me for everything I had and never told me I had a right to remain silent. They made me think if I didn’t talk they would arrest me on the spot.”
The NTF detectives were operating the collective from 10am to 2pm before being forced to cease their activity by San Diego Americans for Safe Access advocates, who quickly arrived on the scene.
Aside from the quick response, members of SDASA’s RRT that day, successfully and lawfully intervened and were able to stop to the NTF from operating the collective and putting additional patients at risk of this rogue action by San Diego NTF detectives.
San Diego Americans for Safe Access – Raid Response Team Eye Witness Account:
After receiving the call from a patient on Thursday morning, I first called Helping Hands to verify the reports of a ‘take over’. A male voice in a very polite manner answered the phone saying “Helping Hands, how may I help you today?”
I asked the male, “Is the collective open today?”
My question was quickly answered with another question. “Are you a customer or a vendor?”
This immediately raised a red flag for me and added to my suspicion that the person on the other line, was not a member of the collective but was in fact an undercover police officer posing as a member. I asked myself, “has the NTF actually stooped to this level?”
I proceeded to tell the person on the line, “My name is Eugene Davidovich and I’m calling from San Diego Americans for Safe Access, can we speak to a member of this collective?”
The male answered, “Hold on let me let you speak with the manager.”
After a short delay, another male got on the phone, and this time said “Who is this, can I help you?”
The voice was very familiar and only one name came to mind; Detective Mark Andrew Carlson, San Diego NTF detective who was the lead investigator in the Jovan Jackson case.
I introduced myself to the supposed “patient” and asked to speak to a member of the collective again. This time the undercover told me “hold on” and the line went dead.
Following this conversation, I activated the SDASA RRT and headed for the facility in Hillcrest.
Before I arrived at the collective, Terrie Best, another member of the RRT was already on the scene conducting an onsite survey. By the time I arrived, Terrie reported finding no evidence of police activity in front of the collective and at first, everything appeared to be normal. No police cars, DEA trucks or any other law enforcement activity was visible. The facility appeared open, and we could see people moving inside through the windows.
As soon as Terrie and I walked up to the front entrance of the facility, the lock in the glass tinted doors clicked shut. I knocked on the door and through the tinted window could see someone wearing an orange Helping Hands T-Shirt motioning to us with a finger that he would be right with us.
After not being let in through the fount doors, we walked around the back of the building into the alley.
This is when we realized the reports were true. The NTF had taken over the collective and was operating it under the guise of “new management”.
Six large F150 trucks were parked in the alley in back of the facility. A large white trailer was pushed up to the back door of the collective and almost a dozen undercover officers were scurrying back and forth loading unmarked boxes and bags in to the trailer.
After several minutes of watching the officers pack the trailer, I saw Detective Carlson walk out from the back of the collective. The minute he saw me, he screamed “Eugene, get out of here”.
While Carlson was busy venting his anger out at me, Terrie was busy questioning the other detectives as to why they were there, what agency they were with, etc.
I could hear Terrie ask one of the undercover officers, “are you San Diego County Sheriff or DEA”?
The undercover replied, “I’m a Sheriff from one of 58 Sheriff’s Department in the State”.
“Which one”? Terrie asked.
After hesitating for a moment the detective finally caved in and admitted, “I am with the Santa Barbara County Sheriff’s Department”.
“Why did you raid this collective?” Terrie continued.
The undercover replied, “That’s a part of an ongoing investigation, and I can’t talk about it unless you are with the media, are you with the media?”
“No I am not”, Terrie replied. “But what would you tell me if I was with the media?”
The detective could not resist Terrie’s friendly demeanor and sweet personality he told Terrie “I would tell you to call the Public Information Officer”.
“Great, what’s his name and number”, Terrie replied.
“That’s not Public information” the officer hissed.
Terrie was quick to point out that “you just told me that it was the ‘Public’ information officer was it not?”
The detective frustrated, let out a groan and walked away. Clearly perturbed with the SDASA RRT presence, Carlson proceeded to hurry all the detectives along to pack the trailer faster.
By this time Dennis and Melissa, two other members of the SDASA RRT arrived on the scene and joined our efforts.
As we continued to monitor the situation, one of the officers dressed in an orange Helping Hands t-shirt walked out of the collective and began to chit chat with the others, apparently forgetting that he was still dressed up as a ‘member’ of the collective.
I walked closer to him and called out “Excuse me sir, with the Helping Hands shirt, are you a member of this collective?”
The detective at first ignored me, then quickly two others ran up to him, and began to shout at the undercover, “I told you to stay inside, you are under arrest”.
When I realized, the detectives were trying to create the appearance that the person wearing the Helping Hands shirt, was actually a member under arrest and not an undercover officer, I couldn’t help but laugh at the pathetic attempt. Minutes later, a photographer from NBC arrived to document the events.
After seeing news cameras, detectives jumped in their cars and took off with tires screeching ending their day of opening and operating a dispensary.
Following this incident, I contacted Detective Carlson’s boss with the San Diego Police Department and inquired if Carlson was authorized as part of the investigation to operate the dispensary. His boss told me that he was not aware that the NTF was actually operating the facility. He said he was under the impression that San Diego detectives were simply assisting the Santa Barbara NTF in executing a search and arrest warrant.
Source: Americans for Safe Access (San Diego)
Labels:
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Thursday, September 16, 2010
El Centro Medical Marijuana Dispensary Raided
I’m an El Centro resident and have glaucoma. For the past two years I have been using medical marijuana to help lower the pressure in my eyes, and it has controlled it. I usually have to go to San Diego or Palm Springs to get it. Having one in the Valley helps save money and is less hassle from federal authorities. On Tuesday of last week (Sept. 7), I went to the dispensary and found that it was being raided. About 10 DEA agents with bulletproof vests were there. After a bit, one jumped into his SUV and took off pretty fast down State Street. Now what’s up with that? The lady there is doing everything legit, and the feds still treat her like she’s selling crack on the corner. — Smokeless, El Centro
We had high hopes for this PROBE question, but alas, the lack of a good answer has harshed our buzz.
Still, we’ve got some good stuff — not the kind kind — but enough to make it interesting.
We got confirmation from the El Centro police that local U.S. Drug Enforcement Administration agents did indeed raid the marijuana “collective” at 119 S. Fifth St., and they did so Sept. 7, the day the El Centro City Council was to mull extending its moratorium on banning dispensaries in the city. No vote was taken at that meeting, though.
ECPD knew about it as a law enforcement courtesy, but Cmdr. Jeff Mason said the department knows no details.
We attempted several times to contact the DEA’s office in both San Diego and El Centro, but we never got a callback from the right people by presstime.
What still makes this interesting, though, is the fact that the letter writer implies he was actively doing business with the “collective,” or at least attempting to when the raid was occurring.
If that is correct, then no wonder the raid was happening. Despite the fact that medical marijuana is legal in California, the collective is operating without a business license. The fact that the city has a moratorium on the books at the moment also means it cannot get one or even be open as a dispensary.
Basically, it’s just a storefront at this point, and any sales being conducted there would be illegal. And that’s no comment on the whole legality of medical marijuana; rather it’s a comment on illegally operating a business in the city.
That said, we don’t imagine the DEA was there to hand out tickets for not having a business license, but we don’t know the nature of the raid at this point.
The Fifth Street collective first came to our attention in July, when the Imperial County Narcotic Task Force raided the dispensary and seized several pounds of high-grade marijuana. No one was arrested.
At the time, the collective/dispensary was operating unlicensed.
By the way, the city will take up the moratorium issue again when the council votes whether to extend it Oct. 3. Dude, that could definitely be a bummer of a meeting.
Source: Imperial Valley Press
Labels:
dispensary,
el centro,
raid
Friday, September 10, 2010
NEWS: Federal Agents Raid At Least Five Las Vegas Medical Marijuana Dispensaries
Advocates underscore need for dispensary regulations, end to federal enforcement
Las Vegas, NV -- The federal Drug Enforcement Administration (DEA) conducted raids earlier today on at least five medical marijuana dispensaries in Las Vegas, Nevada, and reportedly seized patient and financial records, but made no arrests. According to the Associated Press, Natalie Collins, spokeswoman for the local U.S. Attorney's office said that the federal search warrants and "supporting affidavits stemming from what she called 'an ongoing law enforcement operation' were sealed by federal court order." The dispensaries raided today by federal agents and local police included: Happiness Consultant, Salvation Haven, Nature's Way, Organic Releaf, & Holistic Solutions.
The federal raids come nearly a year after an October 2009 Justice Department directive issued to U.S. Attorneys in medical marijuana states, deprioritizing enforcement against medical marijuana patients and providers. The Las Vegas raids occurred less than two months after another spate of federal raids in July against state-compliant patients in California and Michigan. "The federal government should never be called on to enforce local or state medical marijuana laws," said Caren Woodson, Director of Government Affairs with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "The federal DEA must abide by the Justice Department policy and stay out of the enforcement of local and state medical marijuana laws."
In July, Las Vegas Mayor Oscar Goodman stated publicly on local television that allowing dispensaries was "a very legitimate goal," and that, "If doctors say that it does a patient some good and gives relief to somebody that has a dire need for it, I'm all for it." Nevada failed to consider the issue of distribution at the time of adopting its medical marijuana law in 2000. Although the state allows "Designated Primary Caregivers" to supply medical marijuana to patients, the qualifications are stringent and require "significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition."
Nevada's effort to address the need of sick patients to access local distribution of medical marijuana mirrors the efforts in other states like California, Colorado, Michigan, Oregon and Washington. Both Maine and Rhode Island have amended their laws to include state-licensed distribution similar to the medical marijuana laws of New Mexico. The trend to ensure safe access to medical marijuana by establishing licensed distribution facilities has even extended to states currently deliberating new medical marijuana laws, such as Iowa, Kansas, Maryland and Wisconsin.
"A failure to regulate the much-needed distribution of medical marijuana by states such as Nevada should not be seen as a green light by the feds to conduct raids," continued Woodson. ASA has and will continue to work with both federal officials in the Obama Administration as well as local and state officials in Nevada to address the safe distribution of medical marijuana as a public health issue.
The DEA is currently being directed by Bush-appointee Michele Leonhart, who served as deputy under DEA Administrator Karen Tandy; both were responsible for more than 200 federal raids in California and other medical marijuana states during the Bush Administration. Against objections from medical marijuana advocates, President Obama nominated Leonhart to head the DEA under his Justice Department, but her Senate confirmation has yet to be scheduled.
Source: Americans for Safe Access
Las Vegas, NV -- The federal Drug Enforcement Administration (DEA) conducted raids earlier today on at least five medical marijuana dispensaries in Las Vegas, Nevada, and reportedly seized patient and financial records, but made no arrests. According to the Associated Press, Natalie Collins, spokeswoman for the local U.S. Attorney's office said that the federal search warrants and "supporting affidavits stemming from what she called 'an ongoing law enforcement operation' were sealed by federal court order." The dispensaries raided today by federal agents and local police included: Happiness Consultant, Salvation Haven, Nature's Way, Organic Releaf, & Holistic Solutions.
The federal raids come nearly a year after an October 2009 Justice Department directive issued to U.S. Attorneys in medical marijuana states, deprioritizing enforcement against medical marijuana patients and providers. The Las Vegas raids occurred less than two months after another spate of federal raids in July against state-compliant patients in California and Michigan. "The federal government should never be called on to enforce local or state medical marijuana laws," said Caren Woodson, Director of Government Affairs with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "The federal DEA must abide by the Justice Department policy and stay out of the enforcement of local and state medical marijuana laws."
In July, Las Vegas Mayor Oscar Goodman stated publicly on local television that allowing dispensaries was "a very legitimate goal," and that, "If doctors say that it does a patient some good and gives relief to somebody that has a dire need for it, I'm all for it." Nevada failed to consider the issue of distribution at the time of adopting its medical marijuana law in 2000. Although the state allows "Designated Primary Caregivers" to supply medical marijuana to patients, the qualifications are stringent and require "significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition."
Nevada's effort to address the need of sick patients to access local distribution of medical marijuana mirrors the efforts in other states like California, Colorado, Michigan, Oregon and Washington. Both Maine and Rhode Island have amended their laws to include state-licensed distribution similar to the medical marijuana laws of New Mexico. The trend to ensure safe access to medical marijuana by establishing licensed distribution facilities has even extended to states currently deliberating new medical marijuana laws, such as Iowa, Kansas, Maryland and Wisconsin.
"A failure to regulate the much-needed distribution of medical marijuana by states such as Nevada should not be seen as a green light by the feds to conduct raids," continued Woodson. ASA has and will continue to work with both federal officials in the Obama Administration as well as local and state officials in Nevada to address the safe distribution of medical marijuana as a public health issue.
The DEA is currently being directed by Bush-appointee Michele Leonhart, who served as deputy under DEA Administrator Karen Tandy; both were responsible for more than 200 federal raids in California and other medical marijuana states during the Bush Administration. Against objections from medical marijuana advocates, President Obama nominated Leonhart to head the DEA under his Justice Department, but her Senate confirmation has yet to be scheduled.
Source: Americans for Safe Access
Labels:
dea,
dispensaries,
las vegas,
medical marijuana,
raid
Friday, February 26, 2010
VIDEO: Katherine Hamel before Long Beach Council on medical marijuana raid
Katherine Hamel testifies before the Long Beach City Council regarding the raid on a collective she is a member of. Also how the arrest has destroyed her role as a part of the Girl Scouts of America. Council members Robert Garcia, Gary De Long and Bob Foster request public document on the policies and procedures of law enforcement when it comes to raids. Meeting Date: February 2, 2010.
Related Story in The District Weekly
Labels:
collective,
katherine hamel,
lbpd,
long beach,
medical marijuana,
police,
raid
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