The Pride

Issue date: 10/13/09 Section: Viewpoint

Media Credit: Maeve Camplisson

In recent months, local police have raided San Diego-area medicinal marijuana dispensaries. An Oceanside collective owner who wishes to remain anonymous claims that although police raiding his office found nothing to confiscate or prosecute, these raids are a nuisance and he believes they have no legal basis.

Since the passage of Proposition 215 in 1996, the use of marijuana prescribed for medical reasons by a physician is legal under California State Law. "The undercover investigations have nothing to do with legal marijuana patients and licensed caregivers," District Attorney Bonnie Dumanis said.

Dumanis claims law enforcement only targets illegal dispensaries. This claim is misleading, because all marijuana possession and sale (even for medical purposes) is illegal under federal law.

The Supremacy Clause in Article VI of the U.S. Constitution states that federal laws supersede state laws if they conflict. In this case, they do. The perceived gray area resulted from U.S. Attorney Eric Holder's claim that federal law enforcement will only target dispensaries if they violate a state law, in addition to the federal ban. Many cities have placed a moratorium (a suspension of activity) on the creation of new dispensaries and began investigating the legitimacy and necessity of existing dispensaries. Authorities shut down 14 dispensaries and arrested 31 people in these raids, most for violation of state law.

San Diego has created a "citizens task force" to plan how to handle existing dispensaries that follow local laws and decide how to handle marijuana caregivers wishing to open new ones. The task force consists of doctors, caregivers, patients, local non-patient citizens, and people of various legal and backgrounds. But Councilman Carl Demaio believes this task force is unnecessary. He argues that enforcing the existing guidelines is enough.

Medical marijuana remains in a legal limbo in which city, county, state, and federal regulations often conflict, while different agencies enforce some laws and not others. A proposal by Richard Lee to legalize and tax marijuana under CA state laws may be heading to ballot in 2010, but unless federal laws change, it will still be illegal according to the Supremacy Clause. Until then, it remains a controversy for both those in the marijuana business and those against it.

Page 1 of 1

Article Tools