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Update on Federal Marijuana Raids in Montana

By Jeralyn

The U.S. Attorney in Montana issued this press release today about the 26 search warrants executed yesterday in Montana. (More here.) The targets: medical marijuana businesses, which the U.S. Attorney calls "criminal enterprises."

According to the list of items to be seized, it's not just records of the businesses they were after, but customer records too:

According to the warrant, signed Thursday by U.S. District Court Magistrate Judge Jeremiah C. Lynch, authorities were authorized to seize “items that are evidence of the commission of drug trafficking offenses” under federal law, including marijuana; packaging materials and related paraphernalia; cell phones, firearms; books and records.

“Books and records,” include items and “papers with names, addresses and telephone numbers, including but not limited to (those) of co-conspirators and/or persons to whom dangerous drugs have been delivered to or obtained from,” according to the warrant. Also sought: “documents and/or papers which may aid in the identification and location of customers, suppliers and/or co-conspirators.”

The U.S. Attorney insists "Individuals with illnesses who are in clear and unambiguous compliance with state law are not the focus of this investigation." Then why get a warrant for customer records? [More...]

Medical marijuana has been legal in Montana since 2004. Efforts are underway in the legislature to repeal it.

On Monday in the state Legislature, a committee deadlocked on a bill that would repeal the state’s medical marijuana law.

The Senate Judiciary Committee voted 6-6 on House Speaker Mike Milburn’s House Bill 161, which would repeal the law passed by voters in 2004. Unless the deadlock is broken, the bill is dead.

Among the federal agencies involved in the raids:

[The]Drug Enforcement Administration, Immigration and Customs Enforcement, Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.

It sure sounds like the raids were timed to coincide with the consideration of the repeal bill. These raids occurred all over the state, including: Belgrade, Big Sky, Billings, Bozeman, Columbia Falls, Dillon, Great Falls, Helena, Kalispell, Miles City, Missoula, Olney and Whitefish.

Montana patients are not staying silent:

[T]he patient community has quickly responded by planning coordinated vigils at various city halls across the state at 5pm on Wednesday. Tomorrow's vigils are being organized by Americans for Safe Access and sponsored by Patients and Families United and Montana Medical Growers Association, which are both statewide medical marijuana groups.

Americans for Safe Access is distributing this Raid Emergency Response Plan for businesses who fear being raided.

Jason Sullem at Reason has more on Montana's medical marijuana muddle. The problem is that Obama and AG Eric Holder's positions are vague and arbitrarily enforced, as evident from the October, 2009 memo.

The Obama Administration is not committed to allowing medical marijuana in states with laws that allow it. As I wrote here,

[T]he Holder statements and Ogden Memo are not enough protection. Short of legalization, Congress at least needs to pass a law disallowing prosecution of medical marijuana patients and providers who are in compliance with state law -- or at a minimum, a law that expressly allows patients, caregivers and providers to raise compliance with state law as an affirmative defense to a federal prosecution.

Congressman Jared Polis is seeking decriminalization at the federal level. He's even appearing at industry events. I have doubts it will happen at the federal level while Obama is President. The next best thing is protection from federal prosecution. (More on Polis' efforts here.)

NORML has a live blog going on the raids.

Full post as published by TalkLeft on March 16, 2011 (boomark / email).