Pubdate: Sat, 22 Dec 2007
Source: Oakland Tribune, The (CA)
Copyright: 2007 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Kelly Rayburn
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/topic/Proposition+215

DELLUMS SEEKS PROBE OF 'THREATS' TO POT SITES

DEA Warnings Counter City's Compassionate Care Tradition, Mayor Asserts

OAKLAND -- Mayor Ron Dellums has asked a long-time former colleague, 
U.S. Rep. John Conyers, D-Mich., to investigate the federal Drug 
Enforcement Administration's use of "threatening letters" to target 
medical cannabis dispensaries throughout California, including at 
least one in Oakland.

The DEA has sent hundreds of letters to people who own property on 
which cannabis dispensaries are operating.  A DEA official called the 
notices a "courtesy" even though they threaten landlords with 
imprisonment and property forfeiture.

The DEA's focus on the dispensaries -- and the city's response to it 
- -- highlights the discord in federal and state laws on marijuana: 
California voters approved Proposition 215, supporting medical usage, 
in 1996, but federal law outlaws marijuana. And the DEA has warned 
cannabis dispensary owners that relying on state law is not a valid 
defense against federal charges.

Dellums spokesman Paul Rose said the mayor was representing his 
constituents' interests in broaching the issue with Conyers, the 
chairman of the House Judiciary Committee.

"The city of Oakland believes in compassionate care," Rose said. "The 
people of California voted to support medical cannabis. . The mayor 
was discouraged to learn of the DEA's actions, which were in 
opposition to the will of the residents of this city."

Dellums wrote in the letter, which was also addressed to Rep. Lamar 
Smith, R-Texas, the committee's ranking Republican, that
Oakland has a "long history of successful regulation" of its four 
licensed dispensaries.

"The DEA's recent surge tactics, such as the dissemination of 
threatening letters to property owners and unrelenting raids that 
continue to place citizens in harm's way, undermine state and local 
authority, and jeopardize the integrity of state law," Dellums wrote. 
"We urge the House Judiciary Committee to expeditiously hold hearings 
and examine this very important issue."

A committee spokeswoman said she was not sure whether Conyers had yet 
received Dellums' letter. Conyers said earlier this year that he was 
concerned about the issue, but no date for any congressional hearings 
has been set.

In a prepared statement, DEA Special Agent in Charge Javier Pena 
said, "The DEA San Francisco Field Division Office has sent out 
letters as a courtesy to the landowners to inform them of the 
suspected marijuana distribution center operating on their property. 
The DEA is committed to enforcing our nation's drug laws and will 
continue to work to keep our neighborhood communities safe from drugs 
and the negative ripple effects they cause."

Some say the DEA's priorities are poorly placed.  Dellums' appeal to 
Conyers followed a similar appeal by the City Council earlier in the week.

In a resolution requested by Councilmember Nancy Nadel (Downtown-West 
Oakland), a staunch medical cannabis advocate, the council voted to 
urge congressional hearings as soon as possible.

Oakland officials had hoped the city's regulation of cannabis 
dispensaries would keep the DEA away.

The city adopted new guidelines on cannabis in 2004, nipping a 
then-burgeoning medical marijuana market and limiting the number of 
cannabis dispensaries to four.

At least one of the four -- the Coffeeshop Blue Sky, formerly called 
SR-71 Coffeeshop, in the 300 block of 17th Street -- has received a letter.

Owner Richard Lee could not be reached for comment Friday.

Bruce Mirken, communications director for the Marijuana Policy 
Project, called the DEA's actions "outrageous" and "damaging."

"They're trying basically to get landlords to do their dirty work," 
he said. "They don't have enough agents to close down the 
dispensaries and they're trying to get landlords to do it for them."

Mirken added, "The wheels don't turn in Washington, D.C., as fast as 
we would like them to, but this does appear to have gotten Chairman 
Conyers' attention -- and that's a good first step."

Conyers became chairman of the House Judiciary Committee following 
the Democrats' takeover of Congress following the 2006 election. 
Dellums served with him in Congress for 27 years.

"They've known each other for a long time and they have a very good 
relationship," Rose said. 
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MAP posted-by: Richard Lake