cannabisnews.com: Pot Prosecutions





Pot Prosecutions
Posted by CN Staff on June 15, 2003 at 13:49:03 PT
By Ann Harrison
Source: San Francisco Bay Guardian
While medical marijuana grower Ed Rosenthal won his fight with the feds last week, California doctors who recommend cannabis under Proposition 215 (the California Compassionate Use Act) say they have become the next target of the crackdown on those who support the right to use the drug. Unlike Rosenthal, who was prosecuted by U.S. government attorneys, doctors say they are being harassed by state and county officials who conspire with federal authorities to undermine California's medical marijuana law. 
Police, sheriffs, and prosecutors throughout California have brought complaints against at least nine doctors, who are being investigated by the state Medical Board. Together, these physicians are responsible for writing more than half of the estimated 50,000 medical marijuana recommendations in California. According to the doctors, not one of the investigations has been triggered by a complaint brought by a patient, a patient's family, or health care professionals. Medical Board representatives didn't return our calls seeking comment on the investigations. But according to O'Shaugnessy's, a medical cannabis research journal, the Medical Board is actively investigating complaints against doctors David Bearman, Frank Lucido, and Marian Fry. Investigations involving doctors Tod Mikuriya and William Eidelman are pending with the state Attorney General's Office. Complaints against doctors Stephen Ellis and Mike Alcalay have been dismissed. And two others, Robert Newport and Stephen Banister, are on probation. On June 4 Rosenthal received a one-day sentence for growing medical cannabis because the judge found he had a reasonable, though erroneous, expectation that an Oakland city ordinance immunized him under federal law. The doctors under investigation also assumed they were protected by a provision in Prop. 215 that asserts, "No physician in this state shall be punished, or denied any rights or privilege, for having recommended marijuana to a patient for medical purposes." Lucido says only about 15 doctors in the entire state have felt safe to go public with their medical cannabis recommendations, including the nine that have been investigated. He says doctors at Berkeley's Alta Bates Summit Medical Center and San Francisco State University's student health services told him they were reluctant to recommend marijuana for fear of being scrutinized. "The investigation of doctors has had a chilling effect on their willingness to even consider performing an evaluation for medical cannabis," Lucido said. The investigation of Fry illustrates why doctors feel betrayed by local law enforcement. In September 2001 an informant alleged that Fry and her husband, Dale Schafer, were selling marijuana out of Schafer's law office in Cool. Schafer says the El Dorado County Sheriff's Department knew they were growing a handful of marijuana plants to ease the pain and nausea associated with the treatment of Fry's breast cancer. Yet the sheriff sent in a SWAT team, which included agents from the Drug Enforcement Agency, and held Fry and one of her children at gunpoint while officers seized almost 6,000 patient records. No charges were filed, but the DEA threatened to indict the couple on conspiracy charges because Schafer taught patients to grow marijuana. In 2002 prosecutors in three counties brought 23 complaints against Fry for improperly recommending cannabis, three or four of which were investigated by the Medical Board. Schafer says federal investigators told him that if he pleaded guilty to conspiring to grow 99 plants, they would leave his wife alone. "I told them which cheek to kiss first," Schafer said. Mikuriya says that local officials in Sacramento, Nevada, Placer, and Humbolt Counties are also targeting doctors and patients and that the state is doing nothing to protect them. "We have no reason to believe that law enforcement is abusing their authority," said Hallye Jordan, a spokesperson for state attorney general Bill Lockyer. Mikuriya's attorney, Bill Simpich, says the harassment of doctors is part of an organized plan that went into effect before Prop. 215 even passed. According to Schafer, the core of resistance lies in the California Department of Justice's Bureau of Narcotic Enforcement and the California Narcotics Officers Association, one of the largest providers of law enforcement training in the state. Robert Elsberg, past president of the CNOA, is listed on the BNE Web site as a senior special agent in charge of the BNE's San Francisco office. Elsberg, who is now retired, says many law enforcement agents believe Prop. 215 is abused by patients and doctors. He says officers are often taunted by people with minor medical conditions who are protected from prosecution. "They have a real recommendation, but apparently they went to their friendly doctor and were able to have him give them a recommendation for a baseball injury and they ultimately laugh about it," Elsberg said. "We are not talking about the sick and dying; we are talking about a group of people where even if [medical marijuana] works, they don't need it." Mikuriya, a Berkeley psychiatrist, was forced to turn over 47 patient records last year, 17 of which are under investigation. He says a typical case involves local prosecutors who lost a cultivation case against a patient and then made a complaint to the Medical Board. Jordan denied that board investigations target doctors who recommended cannabis. "They don't have anything to do with medical marijuana," Jordan said. "These investigations are dealing with a lack of providing adequate screening, diagnosis, and medical care." But Mikuriya points out that the Medical Board has never defined a standard of medical practices for evaluating medical cannabis patients, leaving doctors vulnerable to prosecution and investigations. He submitted proposed standards of care in March to the Medical Board but received no response. Mikuriya than sued the board for violating doctors' immunity under Prop. 215. "Right now we have functional anarchy, with peace officers and local police chiefs making it up as they go, so patients are at risk," Mikuriya said. Jordan claims Lockyer lacks the legal authority to mandate statewide standards that could rein in federal agents and rogue cops. She says he would rather wait for legislation or let community standards prevail. "These people are corrupt," Rosenthal said. "And if Lockyer doesn't stop it, it could threaten his bid for governorship." Note: Rosenthal is set free, but doctors are the next target.Source: San Francisco Bay Guardian, The (CA)Author: Ann HarrisonPublished: June 11, 2003Copyright: 2003 San Francisco Bay GuardianContact: letters sfbg.comWebsite: http://www.sfbg.com/Related Articles & Web Site:Tod H. Mikuriya, M.D.http://www.mikuriya.com/Joint Venturehttp://cannabisnews.com/news/thread16249.shtmlMarijuana Specialist Defends His Practicehttp://cannabisnews.com/news/thread16156.shtmlDoctors Without Orders http://cannabisnews.com/news/thread15398.shtml 
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Comment #6 posted by Jose Melendez on June 15, 2003 at 16:33:13 PT
that's the good part
As long as they keep doing that, it helps expose their dishonesty. I submit that the antidrug, the PDFA, D.A.R.E., DFAF, and people like Joyce and Calvina, Dr. Barthwell, Barry McCaffrey, John Walters, and Will Glaspy have all done wonders for our movement: through their dishonesty and obvious unfairness, the public is increasingly aware of and interested in the truth.Each press release, commercial or full page newspaper ad essentially promotes marijuana legalization. There's even lots of evidence it increases pot consumption in the very age groups they claim to protect. But alas, I preach to the choir.Peace, yes even to the undercover cops that were in the parking lot last night aroud 1 AM. We've got your number, and the whole world is watching...
DVDeLand
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Comment #5 posted by JR Bob Dobbs on June 15, 2003 at 16:16:46 PT
Freevibe is neither
The top link of your search, Jose, and I presume every search with the word "marijuana" in it, is to freevibe.com, a "sponsored link". The ONDCP spends our tax money to place their site top of any Google search for marijuana! Grr.
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Comment #4 posted by Jose Melendez on June 15, 2003 at 16:11:54 PT
caught lying again and again and again...
try this google search. It's enough to make an anti blush.
Not Targeting, Eh?
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Comment #3 posted by Jose Melendez on June 15, 2003 at 16:05:36 PT
CJPF.org
from: http://www.mpp.org/news/up060502.htmlUnited Press International - June, 5, 2002Calif, US medical marijuana laws clash(Snipped)The medical marijuana concept appealed to California voters who in 1996 approved Proposition 215, which allowed doctors to "prescribe" marijuana to such patients -- the measure unfortunately did not address the issue of how these souls would get a hold of a substance that is inherently illegal.The U.S. Supreme Court issued a ruling last year that there was no medical necessity for exempting marijuana from the federal Controlled Substances Act, which effectively trumped Prop 215 and turned the state's marijuana buying clubs into common drug dealers in the eyes of the law.As a result, the DEA has raided marijuana cooperatives in the San Francisco Bay Area as well as in Los Angeles. A building used by a buyers' club in Santa Rosa was raided earlier this week by the DEA, which insists it is not targeting medical marijuana organizations, but will investigate large-scale trafficking organizations.DEA spokesman Richard Meyer told the Santa Rosa Press Democrat on Monday, "Federal laws have not changed, so we will continue our investigations."But the medical marijuana advocates have questioned the DEA's priorities."Club members are not Colombian drug lords or al Qaida terrorists," said Howard Jacobs, an AIDS activist who planned to join the six hunger strikers on their first night in tents. "They are not threatening public safety. They are simply helping people who are sick and suffering."
j
don't know of any instance in which there's been a federal targeting of any user
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Comment #2 posted by Jose Melendez on June 15, 2003 at 16:02:42 PT
CJPF.org
http://www.cjpf.org/takeaction/action_print.htmlSTOP THE WAR AGAINST MEDICAL MARIJUANA
September 12, 2002The U.S. Department of Justice is escalating its campaign to destroy California's experiment to supply marijuana to medical patients. The U.S. has repeatedly claimed, however, that it is not targeting the genuine medical marijuana providers and was only targeting criminal trafficking activity. That claim increasingly rings hollow. The U.S. Drug Enforcement Administration (DEA) in fact is targeting patients and small growers, and the most sophisticated, tightly-run marijuana dispensaries in California. 
It is urgent that citizens call or write to their U.S. Representative and U.S. Senators to protest these actions of their government, and ask that they be stopped. Join the protests and demonstrations. Contact Americans for Safe Access Now. DEA Administrator Asa Hutchison told San Francisco's prestigious Commonwealth Club on February 12, 2002, "I don't know of any instance in which there's been a federal targeting of any user; that's not within the federal priority system. We have gone after traffickers. If you have 500 marijuana plants, that is of concern." But "what we are seeing instead is a series of raids directed at patients and growers who have no connection at all to trafficking," said Dale Gieringer, head of California NORML told DRCNet in September. 
don't know of any instance in which there's been a federal targeting of any user
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Comment #1 posted by ekim on June 15, 2003 at 15:25:04 PT
recall comming to CA
it looks like the recall for Gov will happen. What then. Who will be for 215. the terminator wants the job (Arnold)
how the AG treats the MMJ community will be important issue.
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