James P. Gray Comments on raids.. There is a bill pending in Congress, HR 2306

By JAMES P. GRAY / Retired Orange County Superior Court judge, author of book, “Why Our Drug Laws Have Failed”

The four U.S. attorneys in California announced last week yet another federal marijuana program, with this one aimed at closing down medical marijuana dispensaries. Not only will this program be as hopeless as its predecessors, it is yet another continuing example of the arrogance, hypocrisy and bullying of the federal government in this area.
There is no question that some medical marijuana dispensaries are acting outside of California law, as established by Proposition 215 and its progeny. But the answer is for those involved to be prosecuted – by the state of California, not the feds.

Medical marijuana clone plants are shown at a medical marijuana dispensary in Oakland, Calif. The chief federal prosecutor in San Diego is contemplating expanding a federal crackdown on the medical marijuana industry by going after newspapers, radio stations and other outlets that run advertisements for California's pot dispensaries, her office told The Associated Press on Thursday, Oct. 13, 2011.


As for the arrogance, bullying and hypocrisy, this new program has the fully intended result of depriving the targeted dispensaries of a trial by a jury of Californians. How so? Because it is using the IRS to disallow all deductions of dispensaries' business expenses, and is using the FBI to send letters to the landlords threatening administratively to seize their properties if they don't close down their tenants' dispensaries.
Even putting aside these issues, the practical problem is that programs of this kind don't work. Since 1970, police have arrested 20 million Americans for marijuana offences, of which 90 percent were for simple possession. Nevertheless, those expenditures of scarce criminal justice resources have failed to reduce public demand or access to marijuana. In fact, virtually any teenager will tell you that, today, it is easier for them to get marijuana, if they want to, than it is alcohol.
Thus, calling marijuana a "controlled substance" is the biggest oxymoron of our day. Prohibition leaves governments with no controls whatsoever over things like age restrictions, quality, quantity or place of sale. Those important issues are left in the complete control of Mexican drug cartels, juvenile street gangs and other thugs, which is where most of the customers will go once the dispensaries are closed down.

Click to expand...