How CA Should Respond to Medical Marijuana Raid
By Anthony Gregory on Mar 30, 2009 in California, Civil Liberties, Criminal Justice, Drugs, Law, Nationalization, Natural Law, Personal Liberty, Police, Politics, Presidential Power, Regulation, Taxation, The State, Trade
Activists are outraged over Obama’s raid of Emmalyn’s California Cannabis Clinic in San Francisco, but they should not be surprised.
Obama’s Attorney General Eric Holder had promised to end federal medical marijuana raids, as conducted by both Clinton and Bush’s administrations, leaving alone dispensaries operating legally under state law. Obama broke the spirit of the promise, but not the letter. The excuse for this last raid was state law violations—supposedly, sales taxes were being evaded. Now the feds will probably prosecute under federal law.
The state government was not agitating for a crackdown. Sacramento was not complaining about sales tax evasion. San Francisco had given a permit to this dispensary. Aaron Smith from the Marijuana Policy Project notes, “It is disturbing that, despite the DEA’s vague claims about violations of state and federal laws, they apparently made no effort to contact the local authorities who monitor and license medical marijuana providers.”
Furthermore, sales tax violations are rarely handled this way. The California chapter of the National Organization for the Reform of Marijuana Laws points out, “The normal process in such cases is for the Board of Equalization to audit the business in question, NOT for federal agents to enter like storm troopers and steal all of the business’s inventory.”
This episode should remind liberal pot activists of the potentially despotic power involved in tax collection. The power to tax is the power to destroy. Raids like this are unusual, but not unheard of in mere tax cases. Presumably, if California’s marijuana industry was only governed by libertarian law—no violence, no theft, no fraud—there would be far fewer excuses for the feds to step in.
Short of exempting medical marijuana from sales tax altogether, how can future outrages be prevented? California should go on the offensive. It should legalize marijuana, leave its regulation to the market, and, for now, treat it like any other retail good in terms of tax law.
It could do so under the guise of medical marijuana, to protect users and distributors from federal sanction, assuming Obama keeps his promise to the letter. California could make medical marijuana completely legal—like aspirin or cough syrup—and allow retailers of all types to sell it without license or prescription.
We could see it in nurseries, grocery stores, and pharmacies as an over-the-counter. It could be made available everywhere. This would make it much harder for the feds to raid facilities as though they were underground, barely legal operations. It would expose the contradictions in the drug war.
The Drug War is a total disaster. It is destined to fail in significantly reducing drug abuse. It is a violation of personal liberty, an excuse to shred the Bill of Rights, and the major cause of gang violence, whether in our inner cities or on the border with Mexico.
If America ended drug prohibition, the Mexican border violence that has killed thousands over the last couple years would end completely. Instead, Obama is moving in the wrong direction, sending more troops there. It is state violence that forced the drug market underground, and every successful breakup of a dominant cartel only opens up a vacuum inevitably filled by other smaller groups violently competing over turf. The more the government cracks down, the worse it will get.
On medical marijuana, Obama was supposed to signify a shift in policy. His last DEA raid should put that myth to bed. By legalizing medical marijuana in 1996, California forced the issue over whether federal drug laws should supersede local standards. In terms of public opinion and political pressure, much has been won. It’s time to keep pushing.
In Gonzales v. Raich (2005), the Supreme Court’s five liberals all voted for federal supremacy over California’s medical marijuana laws. More court cases might not be the answer. California should instead continue to liberalize its drug laws. This will, at least, complicate Obama’s policy of federal raids and further undermine faith in the national government setting drug policy.
I don’t even see the authority here. The Federal government uses the interstate commerce clause to justify the war on drugs. since this is strictly a California issue, that clause has no weight.
California needs to ARREST the DEA agents that participated in this raid and prosecute them and the managers that ordered the raids.
Alex | Mar 30, 2009 | Reply
Well California, you wanted him, so how do you like it now? You got set up, plain and simple. You got lied to, betrayed and stabbed in the back.
This truly gives new meaning to the phrase: “The more things change the more they stay the same.”
I LOL at you!
Bob | Mar 30, 2009 | Reply
“Meet the new boss; same as the old boss.”
Peter Townsend
shill | Mar 31, 2009 | Reply
Arrest the DEA! Unbelievable! YES! Where do I sign up? The SS was only defeated when the regime was toppled!
ron hennig | Mar 31, 2009 | Reply
Wasn’t it income tax evasion charges that the Feds used to nail some of the major bootleggers?
Phill O | Mar 31, 2009 | Reply
Alex has the right idea. The raid was illegal, as the federal law that supports it is unconstitutional. Therefor all government agents involved should be arrested and prosecuted for theft. I would go further and say we should not depend on the state’s initiative for this remedy. Give Emmalyn, and crime victims in general, the power to bring criminal charges against the criminals who have injured them.
JGWeissman | Mar 31, 2009 | Reply
It’s time to end the failed, destructive policy of marijuana prohibition.
Tell Obama and your elected representatives that marijuana should be legalized and taxed.
greenferret | Apr 1, 2009 | Reply
Best solution is to join in with the fast-growing state sovereignty movement. Restore federalism and limited constituional government and the federal drug war will be over. Then, you’ll be free to work the issue at the state level.
Patrick Krey | Apr 3, 2009 | Reply
I do not know what many of you think but the subject of marijuana/cannabis legalization is a thorny one indeed. Pot is widely used, almost as much as coffee/alcohol/tobacco. An interesting site I have found on this subject is here. If you wanna know more about this topic, visit this link. (I liked the section on growing your own pot a LOT.)
oprina tiberiu | Apr 13, 2009 | Reply
Cannabis has been used for about 4,000 years for medical purposes. In Taiwan about 10,000 years ago the people of that country used marijuana for fiber. It’s important to mention that it’s not the social threat authorities believe it to be. Here, you can find out more about the wide range of medical applications of pot in treating diseases such as convulsions, asthma, anxiety, nausea, vomiting, and schizophrenia.
oprina tiberiu | Apr 13, 2009 | Reply
Yes. People in California need to be more agressive towards DEA agents. They need to have BALLS. In regards to terrible regimes, not one has been toppled by being a nice guy. If it means arresting DEA agents DO it. If it means that the people throw rocks or molotovs or whatever when they come DO IT. It is the only way. Have some guts guys. Liberty is worth risking and fighting for. Remember the Boston tea party my friends. It wasn’t about being nice.
carl | May 5, 2009 | Reply
This was so predictable!
I’ve been saying for a couple weeks now, “Legalizing pot just to tax it heavily will only continue the Drug War, because tax evasion will keep much of the trade in criminal circles. Then the whole movement will be discredited, spoiling any chance of truly ending the Drug War and saving innocent lives.”
All states should nullify federal drug laws and declare sovereignty under the 10th Amendment.
Read the Constitution, while you still can.
By the way, I’m a Campaign for Liberty member, brought into the r3VOLution because I believe in strict constitutional constructionism, a Republican PCP who’s never used pot, and would never advocate recreational drug use. But I believe that it’s your life to live (even if you waste it), not mine to control. And no one, not even a democratic majority, should use the force of government to control non-violent acts.
Cliff Hutchison | May 15, 2009 | Reply
Medical marijuana raids should be stopped. it will just cause business owners to operate off the streets if they can’t operate through their store front. if you need medical marijuana check out budtrader they have sections for all types of cannabis medicine and also links for medical marijuana doctors!
budbud | May 17, 2009 | Reply
Hmm yeah we should revolt over a stupid plant. I like smoking it yeah, but it’s just a fucking plant, the government is gay as hell but you people are whacko too. Chill out people.
lalu | Jun 3, 2009 | Reply
This statement is misleading:
“Although the Obama administration recently announced it would stop raiding marijuana dispensaries in states that allow medical marijuana, it declined to intervene in the Lynch case.”
It implies that this Administration has honored Borat Obama’s campaign promise to stop raids on medical marijuana clinics, which is patently false. You should have pointed out that before the echoes of his botched swearing-in ceremony had faded (perhaps we should have been more attuned to such omens), Obama and his brother from a different mother Eric Holder had ordered the DEA raid on Emmalyn’s Cannabis Clinic in San Fran:
http://www.independent.org/blog/?p=1705
It isn’t merely that all of Obama’s policies are horribly wrong-headed and unjust, but that he completely lacks any shred of personal integrity, and cannot be trusted to keep his word on any promise or commitment. FAIL FAIL FAIL!
-AleG
AleG | Jun 11, 2009 | Reply
It’s time for California state police to declare war on the DEA, to defend California state law; that is exactly what our 2nd Amendment rights are all about—not protecting citizens against citizens, but rogue government against citizens. * you, Obama and DEA
ImpeachObama | Jul 11, 2009 | Reply