DEA Arrests Medical Marijuana Grower in California

Jacob Sullum | August 28, 2009

Last week, the Drug War Chronicle reports, the Drug Enforcement Administration made its first arrests related to medical marijuana since Attorney General Eric Holder promised not to prosecute people who are complying with state law. Agents seized 154 plants from Upper Lake, California, construction contractor Tom Carter. Carter is a patient authorized to use marijuana, and his wife told a local newspaper he also was growing marijuana for several other patients, which "primary caregivers" are allowed to do under state law (although the California Supreme Court tightened the definition of primary caregiver last fall). In addition to Carter, the DEA arrested a neighbor, Scott Feil, who used to run a medical marijuana dispensary; Feil's wife; and two other men, Steven Swanson and Brett Bassignani. The government alleges that a DEA informant arranged with Bassignani to buy some of Carter's marijuana, but Carter's attorneys say there's no firm evidence that he knew of or approved the deal. As with this month's DEA-assisted raids on medical marijuana dispensaries in Los Angeles and Culver City (which were followed by state charges against the dispensaries' owner), the details of the Carter case will show whether the DEA is respecting state law, as Holder said it would (and the Constitution requires), or continuing to undermine it.

California NORML has more here.

In some more bad medical marijuana news, Will Foster, who successfully challenged a 93-year sentence for growing cannabis to treat his rheumatoid arthritis, is back in Oklahoma and back in prison as a result of a dispute over the terms of his parole. His latest troubles started when he was arrested for growing marijuana in California, even though he was allowed to do so there as a patient with a doctor's recommendation.

I noted Foster's pending extradition in June. Ed Rosenthal has more here.

Comments

|8.28.09 @ 3:18PM|#

I got $20 that says every California pothead who voted for Obama in 2008 will do so again in 2012.

Not counting, of course, those who lose their eligibility to vote because Obama's Justice Department threw them in jail.

|8.28.09 @ 3:24PM|#

Hey all you Reason editors, those of you who thought Obama was Great White Libertarian Hope: How's that working out for you?

skr|8.28.09 @ 3:40PM|#

Fuck Eric Holder and the unicorn he rode in on.

|8.28.09 @ 3:51PM|#

"It's all about The Rule of Law. We cannot selectively enforce our laws based on whether or not we agree with them. We're not Republicans, you know."

Paul|8.28.09 @ 3:51PM|#

his wife told a local newspaper he also was growing marijuana for several other patients,

Hoo boy, I'd love to be a fly on the wall when next he and his wife have a chance to speak. I imagine a lot of "when will you learn to shut the fuck up" will be comin' out of Mr. Carter's mouth.

But seriously, see the problem with this whole 'medical marijuana' thing? Do we actually believe that every pothead who wants it legalized has a 'debilitating medical condition'?

Just reading between the lines on this one, it sounds like Carter wasn't in compliance with state law so the justice department will be able to make the case that it didn't raid a legal dispensary.

I'm tellin' ya, the only way this medical marijuana thing will ever work is to grind it up into a pill of exacting measurements, demand a prescription for it at the Pharmacy, and have the recorded license numbers of everyone who picks up a prescription. You know, like cough medicine.

The argument will utlimately be as thus:

I'm not allowed to make Percocet in my basement and give it out to 'patients', why should you be able to grow Medical Marijuana?

jasno|8.28.09 @ 3:52PM|#

STFU RCD - are you telling me that McCain wouldn't be raiding clinics? Are you caught up in the fantasy that if California pot heads would have voted for the LP that they would have won the presidency?

California law is tough to navigate - in order to qualify as a caregiver you really need to take care of the dependents total living expenses. You *can* however(at least it's generally accepted at this point) run a co-op or collective where patients join and the co-op/collective can grow on their behalf. The co-op can charge a reasonable amount to cover expenses, but it must be non-profit.

What you absolutely cannot do is grow under the pretense of being a medical marijuana collective and sell your product to a DEA agent who's not part of your collective. If the guys in question did that, then I don't fault the justice department.

Fist of Etiquette|8.28.09 @ 3:55PM|#

Hey, Brandybuck, leave the editors alone! Poor Obama is powerless to stop the Holder justice juggernaut.

Attorneys general are separate entities from their respective Administrations. Everyone knows and respects that. You remember how no one tried to tie Bush to any the doings of Ashcroft or Gonzales, right? Right?

jasno|8.28.09 @ 3:56PM|#

Hey Paul, maybe you should read the applicable California statutes. I don't recall it saying anything about requiring a "debilitating medical condition".

I believe it says you can use MMJ if a doctor recommends it. That doctor can recommend it for whatever he thinks it's good for. That's between you and your doctor.

I understand a lot of states intend the law to only apply to cancer and AIDS patients. That's fine, but that's not California.

"the only way this medical marijuana thing will ever work"

No, it's working just fine here.

Paul|8.28.09 @ 4:07PM|#

Hey, Brandybuck, leave the editors alone! Poor Obama is powerless to stop the Holder justice juggernaut.

I'm going to go out on a limb here and defend the Obama administration by indicting the type of government we have (which is shaped by the philosophies of the Obama administration and people like them)

The Obama administration doesn't run the country. Cabinet Czars do, and below them, career bureaucrats do. We don't live in a democracy, we live in an oligarchy of bureaucrats. Day-to-day power is being diffused not to the electorate, but an unelected group of career officials.

|8.28.09 @ 4:10PM|#

STFU RCD - are you telling me that McCain wouldn't be raiding clinics? Are you caught up in the fantasy that if California pot heads would have voted for the LP that they would have won the presidency?

For the language impaired, RC Dean is insinuating that Obama's promises don't mean shit. He certainly wasn't intimating that the free speech hating GOP fossil wouldn't have raided MM clinics, nor that California poheads are a big enough voting block to have swung the 2008 presidential election.

As you can tell, I have a reading level above the sixth grade level.

Results 1 - 10 of about 152,00|8.28.09 @ 4:13PM|#

If you have a wife, you can't get away with flouting the law in your own house, unless your personal power matches or exceeds the authority of whoever might ask her about you.

Even if she's your fully willing co-conspirator, or the mastermind behind it all, she'll flip and rat you out to anyone she thinks is more "alpha" than you are -- even to a reporter, if you're a real pussy.

I imagine a lot of "when will you learn to shut the fuck up" will be comin' out of Mr. Carter's mouth.

That's not happening.

Paul|8.28.09 @ 4:13PM|#

Hey Paul, maybe you should read the applicable California statutes. I don't recall it saying anything about requiring a "debilitating medical condition".

I believe it says you can use MMJ if a doctor recommends it. That doctor can recommend it for whatever he thinks it's good for. That's between you and your doctor.

Jasno,

I understand that, but you're missing my point I was merely illustrating with the use of the word 'debilitating'. Let me be more generic: Everyone who likes to smoke dope isn't "sick". This use of the medical marijuana canard as a foot-in-the door strategy isn't working, and will probably make things worse. It needs to be legalized, period.

And if you read anything in Reason with any regularity, you'll know how much trouble doctors can get into by "recommending it for whatever he thinks it's good for."

And as for this: That's between you and your doctor.

If only, jasno, if only.

|8.28.09 @ 4:15PM|#

Thanks, J sub.

Geez, jasno, lighten up. Mostly, I was mocking those foolish enough to believe Obama's lies last year, as most of them will probably be foolish enough to still be believing next time he comes around.

Robert|8.28.09 @ 4:27PM|#

are you telling me that McCain wouldn't be raiding clinics?

I wouldn't tell anyone that, but I do think his policies in that regard couldn't be much worse, and meanwhile we wouldn't be paying the "Obama tax" in so many other ways.

Warty|8.28.09 @ 4:31PM|#

See, threads like this are why I miss joe.

|8.28.09 @ 4:31PM|#

On a more positive note, Denver is looking to reduce the fine for marijuana posession to $1 (plus 110 in surcharges and fees) down from $50 and the fees.

Paul|8.28.09 @ 4:37PM|#

See, threads like this are why I miss joe.

He went to work for the Obama administration...

...but seriously, I'm not sure if I've ever run across another more irrationally optimistic group than dope smokers. And don't get me wrong, I love dope smokers...

|8.28.09 @ 4:37PM|#

Mostly, I was mocking those foolish enough to believe Obama's lies last year, as most of them will probably be foolish enough to still be believing next time he comes around.

Even if the raids only happen less frequently, and they stretch the facts a bit of "violating state law" he is still leaps and bounds better than anyone on the GOP ticket and most Democrats.

What's your point again? That politicians lie? And that some people believe it? I am sure that most people who considered his WoD stand at all looked at it skepitcally, but they still decided he was the best option available on that issue.

Sure most will still vote for Obama again, because compared to the insanity that is most politicians when it comes to the WoD, a deceptive Obama is still more reasonable re the WoD.

Paul|8.28.09 @ 4:40PM|#

Chitom, I just read your linked story. Am I to understand that Marijuana posession in Denver only resulted in a $50 fine before this new law? I hate to admit it, but I'm impressed. $50 is less than a frickin' parking ticket these days.

Paul|8.28.09 @ 4:47PM|#

As the executive director of the Center for Good Things that People Want, our proposed healthcare reform plan will be sent in an informational packet to lawmakers next month. The title of this packet will read:

Healthcare Reform: That's between you and your doctor.

It's a good thing, and people want it.

|8.28.09 @ 5:00PM|#

I'm tellin' ya, the only way this medical marijuana thing will ever work is to grind it up into a pill of exacting measurements, demand a prescription for it at the Pharmacy, and have the recorded license numbers of everyone who picks up a prescription. You know, like cough medicine.

Sativex® is GW's lead cannabinoid pharmaceutical product, administered as an oral spray which is absorbed by the patient's mouth.
The current position regarding the availability of Sativex® varies between different countries according to whether Sativex® has been approved by the medical regulatory authority in the country and also on the local regulations regarding the prescribing of controlled drugs and unlicensed medicines.

|8.28.09 @ 5:11PM|#

Hope, change, and a whole big pile of lies; mostly about the hope and change stuff...

I think the line has been crossed and we can predict that Obama will abandon ALL of his campaign promises.

|8.28.09 @ 5:12PM|#

I never trusted Obama's highly nuanced language regarding medical cannabis; there were too many loopholes.

And I could be wrong; but at this point, it seems like he could put an end to the raids, if he had the courage and a true reverence for our federal system. I'm sure it would be "politically risky" to end the raids, but it is the right thing to do.

He is definitely not getting my vote again, if this is the way he is going to be dealing with medical cannabis. And I put a LOT of time, money and effort to help him get elected.

|8.28.09 @ 5:13PM|#

It irks me so much that these busybodies are busting down doors of people that the voting public has said are not criminals.

|8.28.09 @ 5:21PM|#

What's your point again? That politicians lie?

Yup, not excluding Hope and Change, New Kind of Politics Obama.

And that some people believe it?

Yup.

CT, are you going on record here that Obama is no better than any other off-the-rack politico? That he really is just what a lefty-lib product of the Chicago Machine?

|8.28.09 @ 5:22PM|#

I don't get why the raids continue. Obama would get a lot of love from a fair amount of people if he fulfilled his campaign promise and quietly called off the raids. Most anti-drug assholes wouldn't even notice, and those of us who detest the raids would say "great!"

I guarantee this is a law enforcement problem. I have a feeling the cops in CA don't like the fact that there is medical MJ because it reduces their ability to hassle and arrest people for MJ possession, and I bet they are constantly asking the Feds to step in and legitimize raids for them (by claiming there is a violation of Federal law).

They're all one big happy family and Obama would rather piss us off than LEOs.

BakedPenguin|8.28.09 @ 5:32PM|#

I'm sure it would be "politically risky" to end the raids, but it is the right thing to do.

That's the frustrating part: it really isn't that politically dangerous, and his administration should know that. He has been on record as supporting MM in the past; furthermore, the vast majority of people who would be turned off by his admin stopping MM raids didn't vote for him, and aren't gonig to change their minds because Justice & the DEA go all psycho on MM growers.

Consider, too, that the majority of people who use MM are cancer & AIDS patients, any idiot could put together a compelling narrative that those who oppose MM are horrible, vindictive shits who think their personal morality more important that alleviating a great deal of suffering.

In short, there's little political risk, and a lot to be gained. Maybe the DEA has pictures of Obama actually having gay, coked-out sex with that attention whore idiot who showed up on You Tube during the campaign. It's the only thing I can think of to justify the gutless position taken by the Obama administration.

BH|8.28.09 @ 5:37PM|#

One thing that increasingly pisses me off is I pay taxes thay pay for all these cops and I wonder how much time they spend doing crap like this when they should be, you know, chasing after murderers and rapists and real criminals. I get that "head about explode" feeling when I think too much about it so I'll stop.

alan|8.28.09 @ 5:42PM|#

Obviously the morons who vote for the LEO lovin' two party duopoly are not a part of the solution no matter if they support legalization or not. It will always be a side issue for them so long as there are welfare checks to be cashed or foreign ass to be kicked.

What is then? Errrr, Hmmm, tough one -- how 'bout nanonites giving Eric Holder a really bad case of the glaucoma. Sorry, best one I could come up with at this time.

|8.28.09 @ 5:42PM|#

Yesterdays news, but I found this post at the KFC marijuanna story at

http://blogs.laweekly.com/squidink/fast-food/kfc-marijuana-dispensary/


John Mason says:
Wow, that is way cool dude, I like it!

RT
www.online-privacy.es.tc

Posted On: Friday, Aug. 28 2009 @ 4:38AM

BakedPenguin|8.28.09 @ 5:45PM|#

...how 'bout nanonites giving Eric Holder a really bad case of the glaucoma.

While you're at it, give anonymity guy a really bad case of carpal tunnel.

skr|8.28.09 @ 5:54PM|#

Consider, too, that the majority of people who use MM are cancer & AIDS patients

I'm going to go out on a pretty safe limb and say that, in CA, cancer and AIDS patients are in the minority of MM prescriptions.

Paul|8.28.09 @ 6:07PM|#

I'm going to go out on a pretty safe limb and say that, in CA, cancer and AIDS patients are in the minority of MM prescriptions.

Shyeah, all those dreadlocked kidz wearing the Bob Marley tee-shirts are in the thick of their chemo treatments.

BakedPenguin|8.28.09 @ 6:22PM|#

Ok, I'm not up with what's going on in CA. If the dispensaries are just versions of Amsterdam's coffee houses, I was unaware.

However, that doesn't invalidate the dire need some people have for the drug.

FeelingQueasy|8.28.09 @ 6:42PM|#

Baked Penguin,

Thanks for your response to my comment. I agree that ending the raids wouldn't be "politically risky," in terms of how it would affect Obama's political standing with We the People. In fact, since state and national polls have demonstrated over and over again that We the People want access to medical cannabis, I think Obama would increase his popularity and credibility if he ended the raids (and let each state decide how to deal with the issue).

So, my statement was misleading. Thanks for the help.

I do believe that the drug warriors would pitch a serious fit and throw "everything but the kitchen sink" at the Obama admin, if he followed through with his campaign promises.

But so what? We the People would love it and We the People decide whether he gets re-elected, not the ONDCP.

SIV|8.28.09 @ 6:42PM|#

BP

He has been on record as supporting MM in the past
Got any cite outside of a campaign promise?

furthermore, the vast majority of people who would be turned off by his admin stopping MM raids didn't vote for him

I'd guess that "vast majority" at about 50% if not less and without any more supporting data than you offered I bet I'm closer to correct.

SIV|8.28.09 @ 6:48PM|#

The only constituency with strong feelings in favor of continuing medical marijuana raids would be career civil servants in the ONDCP,NIH,FDA,DEA,Justice Department etc.

FWIW, I'd bet those people skew Dem.

BakedPenguin|8.28.09 @ 7:03PM|#

FQ - Your point (similar to Epi's, and later, SIV's) about LEO's is on the mark.

Got any cite outside of a campaign promise?

The campaign promise was made in front of others, no? How much more "on the record" do you need to be? He stated he would end MM raids during the campaign - how could it then be a surprise to anyone? I'll admit that a politician actually following through with a campaign promise would be odd, but I don't think it would be so strange in and of itself as to alienate the public.

|8.28.09 @ 7:17PM|#

The only constituency with strong feelings in favor of continuing medical marijuana raids would be career civil servants in the ONDCP,NIH,FDA,DEA,Justice Department etc.

Let's not forget the CA prison guards' union. I would bet serious dough that the reason these absurd raids just won't stop, even though it seems like stopping would be a winner for Obama, is the fact that these raids are work, fun, and profit for DEA agents, CA LEOs, CA prison guards, and local and federal prosecutors. Serious dough.

BakedPenguin|8.28.09 @ 7:23PM|#

SIV - you've stated on numerous occasions that you believe Republicans are better than Democrats on drugs issues. Other than Paul and Tancredo (and Schultz, for whatever he's worth), I don't get this. But since you want data, here's some data. It's a New Jersey poll by the Drug Policy Alliance. On page seven, they break down support for MM by party - 75% of Democrats support it, compared to 63% of Republicans. Moreover, 56% of self-described conservatives support it, compared to 84% of self-described liberals.

As I mentioned in the previous post, I agree that the groups you (& FQ & Epi) listed are really the only people with a strong incentive to fight against MM, with the possible addition of some religious groups.

As for the political makeup of those government agencies, until you want to do the digging (like I just did with overall support for MM), I'll say that they are heavily skewed by the group that hates drugs the most in the NJ poll - conservatives.

|8.28.09 @ 7:31PM|#

I feel so much safer now.

FeelingQueasy|8.28.09 @ 7:36PM|#

A Few More Public Opinion Polls - Nationwide

I. 78% of respondents favored "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering."

POLL: Gallup
DATE: October 13-16, 2005 SAMPLE SIZE: Approx. 1,000

II. 75% of respondents favored "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering."

POLL: Gallup
DATE: November 2003 SAMPLE SIZE: Approx. 1,004

III. 80% of respondents supported allowing adults to "legally use marijuana for medical purposes."

POLL: Time Magazine/CNN Poll
DATE: October 2002
Sample Size: 1,007

IV. 72% of respondents agreed with the statement, "Adults should be allowed to legally use marijuana for medical purposes if a physician recommends it."

POLL: AARP
DATE: November 2004
Sample Size: 1,706

V. 85% of respondents favored "making marijuana legally available for medical uses where it has been proven effective for treating a problem."

POLL: ACLU Topline Poll
DATE: November 1995
Sample size: 1,001

As these polls illustrate, the large majority of Americans support access to medical cannabis; and it is more likely that Obama would increase his polling numbers if he ended the raids (and let each state decide how to handle the issue).

|8.28.09 @ 7:36PM|#

Wow! So who in the pool bet that BO would cave in 6 months? Those of you who bet longer than a year: pfft! Dumbass.

SIV|8.28.09 @ 7:46PM|#

SIV - you've stated on numerous occasions that you believe Republicans are better than Democrats on drugs issues.


IIRC,I think I've said they are no worse.
(The only name politicians I know of who support anything like the libertarian position on legalization are Republicans,albeit mostly of "elder statesman" status)
If it seems I am claiming the GOP is any "better" that is in my arguments with those that see the Dems as less responsible for the WoDs.

Conservative ideology is more amenable to eventually coming around to legalization based on principles of personal responsibility and property rights. Drug prohibition is rooted in progressive ideals.

|8.28.09 @ 8:06PM|#

Obama & the Raids

I. Direct Quote from Obama:

"I would not have the Justice Department prosecuting and raiding medical marijuana [patients?]…it's not a good use of our resources." - In response to question from Granite Staters for Medical Marijuana Aug. 21, 2007

http://www.youtube.com/watch?v=GUze-oYsswI

II. From the SF Chronicle

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/12/MNKK10FD53.DTL

[Directly from SF Chron]...In response to recent questions from The Chronicle about medical marijuana, Obama's campaign - the only one of the three contenders to reply - endorsed a hands-off federal policy.

"Voters and legislators in the states - from California to Nevada to Maine - have decided to provide their residents suffering from chronic diseases and serious illnesses like AIDS and cancer with medical marijuana to relieve their pain and suffering," said campaign spokesman Ben LaBolt.

"Obama supports the rights of states and local governments to make this choice - though he believes medical marijuana should be subject to (U.S. Food and Drug Administration) regulation like other drugs," LaBolt said.

He said the FDA should consider how marijuana is regulated under federal law, while leaving states free to chart their own course.

Obama would end DEA raids

LaBolt also said Obama would end U.S. Drug Enforcement Administration raids on medical marijuana suppliers in states with their own laws.[END QUOTE FROM SF CHRON].

hmm|8.28.09 @ 8:07PM|#

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