Pubdate: Mon, 22 Apr 2002
Source: Daily Californian, The (CA Edu)
Copyright: 2002 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author:  Nate Tabak, Daily Cal Staff Writer

RESOLUTION COULD END POLICE COOPERATION IN PROBES AGAINST MEDICAL MARIJUANA

City Manager Says Proposal Goes Too Far

After a series of high-profile federal raids of Bay Area medical marijuana 
clubs, the Berkeley City Council will consider a proposal tomorrow that 
would end police cooperation with Drug Enforcement Administration 
investigations or actions against local clubs.

The recommendation, submitted by the Police Review Commission, takes direct 
aim at the enforcement of federal laws against medical marijuana, which is 
legal under California law.

"We are telling the DEA to butt out," said Commissioner Michael Sherman.

In addition, the proposal requests that the Berkeley Police Department 
publicly state its support for Berkeley's medical marijuana ordinance and 
Proposition 215, the California initiative that legalized medical marijuana 
in 1996.

Despite local opposition to the federal law, which supercedes the state 
law, the DEA has continued enforcing federal marijuana laws locally with 
raids of medical marijuana clubs in Oakland and San Francisco in February.

The recommendation, however, drew criticism from City Manager Weldon 
Rucker, who drafted a counterproposal that just includes a city endorsement 
of congressional legislation that would leave decisions on marijuana 
legalization to the states.

Rucker wrote that the relationship between Berkeley police and the DEA 
could be weakened if the police department refused to cooperate with 
investigations of local medical marijuana clubs.

The department should be free to decide whether it wants to cooperate with 
the DEA based on individual circumstances, Rucker said.

The proposal, Sherman said, is not intended to prevent Berkeley police from 
assisting the DEA in investigations of other drug related offenses, but 
particularly targets actions against marijuana users.

"Our relationship with the DEA is not going to be hurt," Sherman said. "We 
will cooperate on further issues."

The proposal also drew criticism from DEA officials who maintain that their 
duty is to enforce federal laws.

"It's unfortunate the city is considering this," said DEA Special Agent 
Richard Meyer. "We enjoy an excellent working relationship with the 
Berkeley Police Department."

Meyer said that even if the DEA does not get Berkeley police assistance in 
possible future investigations of medical marijuana clubs, their 
relationship would remain strong.

"I'm sure we'll cooperate in other matters," Meyer said. "Unfortunately 
marijuana is not the only illegal drug that is dealt in Berkeley."

Without Berkeley's assistance in matters of medical marijuana enforcement, 
Meyer said the agency would have little trouble working on its own.

The DEA still works well with the San Francisco Police Department, which 
does not cooperate with agency medical marijuana enforcement and 
investigations, Meyer said.

Berkeley Mayor Shirley Dean said that while she agrees with the proposal in 
principal, she fears it could do more harm than good.

The policy, Dean said, could serve as an invitation for the DEA to 
interrupt the city's medical marijuana facilities.

While facilities in Oakland and San Francisco have been the targets of DEA 
investigations and raids, Berkeley medical marijuana clubs have been 
relatively immune, Dean said.

"Most of them are doing well," Dean said. "I don't want to direct the DEA's 
attention to us. I see absolutely no reason to put up these rockets, 
because that is what got Oakland and San Francisco into the difficulties 
they are in now."
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MAP posted-by: Keith Brilhart