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A year later, San Diego area patients still resist county, federal oppression PDF Print E-mail
Written by Degé Coutee   
Twelve medical cannabis dispensaries in San Diego city and one in San Diego County were raided by DEA and local authorities on Dec. 13, 2005. All medicine, cash and many electronics such as computers, security equipment and cell phones were seized. No one was arrested and agents reportedly told operators they were welcome to reopen within minutes.

Later, in June of 2006, eight of those patient collectives received indictments, two on federal charges and six on state charges. Soon after those indictments were served every other collective in the city and county was visited by local and federal agents and advised to close their doors or face the same fate as their colleagues.

By mid-summer every cannabis dispensary in San Diego was officially closed, forcing indigent patients to the streets and able-bodied patients traveling for hours.

“Patients feel betrayed, by their local government and San Diego police,” states Wendy Christakes, a patient advocate in San Diego. “Local police worked in collaboration with the DEA. This is the breaking down of our democracy.” She said at least four San Diego patients have died as a result of the loss of medical access. All were unable to keep down food or other safe-saving medications and died ultimately of starvation or dehydration.

Of the 18 or more providers eventually arrested last summer, almost all have been given the option to plead guilty or face having charges moved into federal court where medical defense cannot be entered and harsher sentencing applies.

“The US Supreme Court has had the opportunity to strike down California’s medical marijuana law but has failed to do so,” said Allison Margolin, counsel for of the Native Sun Dispensary. “I’m sickened by the collusion between state and federal authorities in their unrelenting war against these patients and those who seek to provide safe access to their medicine.”

None of this is preventing patients from moving forward though.

San Diego Cedar patient and burn victim Rudy Reyes filed a lawsuit against the county for damages resulting from the county’s reluctance to uphold state law as well as a misuse of public resources. His garden was raided and seized by local drug agents days before the first DEA raids in the area. He was never arrested or charged but lost his entire garden to police.

“I was put out of medicine for months.  If I had had the county card, this would not have happened,” Rudy argues. Since filing his suit, Rudy has learned that several other patients have had very similar incidents and are now considering a class action suit against San Diego County.

Christakes, along with other advocates, has presented a patient resolution to the city council requesting safe access for the city’s patients again. Barbara McKenzie, a long-time patient advocate and one of the first medical cannabis providers in San Diego, is working on a collective model that adequately provides for patients while remaining within the city’s guidelines.

McKenzie is also trying to get the city’s medical marijuana task force to resume but admits that movement within the city is slow. “They keep delaying and delaying,” she said. “We’re waiting on a report by the city attorney for an answer about the task force and the resolution.” Barbara and Wendy both urge more patients to get involved by speaking at city council and county board of supervisor meetings. Christakes argues that education of local patients is key, and is scheduling workshops and trainings to prepare patients to be effective advocates.

* Coutee is with the Patient Advocacy Network
 
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