Pubdate: Mon, 16 Jun 2008 Source: Los Angeles Daily News (CA) Copyright: 2008 Los Angeles Newspaper Group Contact: http://www.dailynews.com/writealetter Website: http://www.dailynews.com Details: http://www.mapinc.org/media/246 Author: Jon Palmer TAX DOLLARS BEING USED TO DEFY LAW My health and my ability to lead a normal life are in danger - from my local police. Worse, they've disregarded state law in order to do it. Allow me to explain: Living in constant pain has become a way of life for me. I was born with a rare genetic blood disorder called Factor V Leiden thrombophilia. The condition is life-threatening and causes spontaneous blood clotting throughout every blood vessel in my body. The clots lead to acute and severe pain in my extremities. The agony is so unbearable that at times I can't walk. In order to manage this disease, I take 245 prescription pills each week - including morphine to ease the pain. The side effects of my pain-management regimen made living a semi-normal life impossible. Besides the mental haze the high-dose morphine had me in, it caused constant nausea - until one of my physicians suggested I try medical marijuana. The medical marijuana eased my pain without any adverse side effects and allowed me to significantly reduce my morphine dosage. Fortunately, California voters approved Proposition 215 in 1996, and 10 years later, Kern County enacted an ordinance allowing regulated medical-marijuana facilities just outside my hometown of Bakersfield. I came to rely on Nature's Medicinal - one of the local medical-marijuana collectives - as a clean, legitimate source for my medicine. Most importantly, I felt safe there. After all, these facilities were legal under state law, regulated by the county and licensed by the Sheriff's Department. I have always been aware that federal law treats medical-marijuana patients like common criminals, but assumed that local law enforcement officials would respect the state laws that allow me to treat my pain in accordance with my doctor's advice. Sadly, I was mistaken. Last May, Bakersfield police officers and Kern County sheriff's deputies participated in a federal Drug Enforcement Administration raid on Nature's Medicinal. They arrested my caregivers for violations of federal drug laws, disregarding the fact that they were operating in compliance with state and local law. Shortly after the raid, other caregivers in the area ceased operations for fear that they too would suffer the same fate. Faced with the prospect of having to immediately double my morphine dosage and take to the streets to find my medicine, I was devastated. The most outrageous part of the ordeal is that local officials used state and municipal tax dollars to arrest these individuals who were in full compliance with state and municipal laws. Perhaps the local officers were not sure whether their job was to enforce state or federal law. If that was the case, fortunately the Fourth District Court of Appeals has provided some pretty specific guidance. Last November, the court unanimously ruled, "it is not the job of the local police to enforce the federal drug laws." But federal officials seemingly don't like the fact that the voters and the Legislature have decided to protect medical-marijuana patients and caregivers from state prosecution and want to circumvent those laws. Whatever the reason for their actions, it is clear that voters in California never intended to pass a medical-marijuana law and then allow their tax dollars to be used to undermine it. Fortunately, there is a bill pending in the state Assembly that would provide clear direction to state and local law enforcement in this matter. AB 2743, by Assemblywoman Lori Saldana, D-San Diego, would make it official policy that state and local law enforcement are not to willfully assist in federal attempts to lock up patients and providers who are acting in accordance with state law. Hopefully the Legislature will approve this sensible legislation before more patients like me are forced into the streets to obtain their medicine. Our votes don't count for much if our tax dollars can be used to thwart the very laws we enact. Jon Palmer writes from Bakersfield. - --- MAP posted-by: Richard Lake