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Feds to Continue Raids on Medical Pot in California By: Bryan GibelNovember 3, 2009 ’Äì 12:51 am The federal government will continue raids on medical marijuana operationsin California despite guidelines issued by the Justice Department two weeksago indicating the contrary. ’ÄúI think it’Äôs unfortunate that people have for some reason picked up on thisas a change in policy, because it’Äôs really not a change at all,’Äù said JosephRussoniello, federal prosecutor for the northern district of California, whowas appointed in 2007 by then-President George W. Bush. Asked if federal officials will halt investigation and prosecution ofmedical marijuana operations in the state, Russoniello said simply, ’ÄúTheshort answer is no.’Äù The city has 23 dispensaries, four of which are in the Mission District,according to the Department of Public Health. A memo sent Oct. 19 by Deputy Attorney General David Ogden to federalprosecutors in California and the other 13 states where medical cannabis islegal stated that law enforcement should focus on major drug traffickingnetworks, rather than entities ’Äúin clear and unambiguous compliance withexisting state laws.’Äù The memo clarified a policy announced by Attorney General Eric Holder inMarch: Federal officials should desist from raiding and prosecutingstate-approved medical marijuana providers. Less than a week after Holder’Äôs announcement, more than a dozen DrugEnforcement Agency agents raided Emmalyn’Äôs California Cannabis Clinic, amedical marijuana cooperative located near the intersection of 12th andHoward streets on the edge of the Mission District. ’ÄúThey came in with their guns drawn and pointed them right in our faceslikewe are criminals,’Äù said Rose, a quiet Filipino woman with rheumatoidarthritis who manages the spotless clinic. ’ÄúThey twisted one of ourpatient’Äôs arms and put a gun to his head. He was crying. It was soscary.’Äù The agents confiscated plants and medical cannabis, which were neverreturned. Nobody was arrested and no charges were ever filed. The clinic, which has 4,500 registered patients, is a nonprofit medicalmarijuana dispensary that is licensed by the city, Rose said. It only sells marijuana grown specifically for its patients, all of whommust have a medical marijuana card issued by the state of California and avalid state ID. Inside the doors of the clinic, meticulously guarded by a polite butstringent doorman, the clinic greets customers with Zen-like simplicity,meditative music and more than 20 strains of pot. Prices range from $10 per gram for Space Queen to $20 for Super Grape andChemDog. Last year, State Attorney General Jerry Brown set guidelines mandating thatcity dispensaries are legally required to operate as not-for-profitcollectives or cooperatives. That means they can only obtain cannabis from growers that are members oftheir co-op or collective, and their customers have to be members too. Russoniello said many dispensaries in San Francisco and around Californiaaren’Äôt really not-for-profit, and he will prosecute any distributorfraudulently operating as a commercial enterprise in violation of statelaws. ’ÄúBy that I mean people who are in it as if they were running aneighborhoodcandy store instead of running a commune, a collective or a group club thatcaters only to specific identified persons,’Äù he said. The DEA operation against Emmalyn’Äôs in March was the only raid that hasbeenconducted in San Francisco in 2009 to date, said DEA spokeswoman CaseyMinor. Asked if federal agents are currently preparing to raid dispensariessuspected of illegal activities, Russoniello declined to comment. ’ÄúI cannot affirm or deny the existence of ongoing criminalinvestigations,’Äùhe said. The statements made by Northern California’Äôs top prosecutor stand in starkcontrast to the guarded optimism of many medical pot activists in the cityin response to the Justice Department’Äôs recent guidelines. ’ÄúYou’Äôre going to see a change,’Äù said Mark, who helps run Medithrive, adispensary on Mission Street that has been open for six weeks and has about1,100 patients. ’ÄúThere is going to be a new demographic of patients thatwere worried about the federal aspect.’Äù That may be true, but Russoniello said it’Äôs a mistake to think recentJustice Department guidelines will mean no more raids. ’ÄúWhether people understand that there is a very high risk of detection andprosecution if they are engaged in this business as a commercial enterprise,I don’Äôt know,’Äù he said. Back at Emmalyn’Äôs, Rose said she is diligently making sure the cliniccomplies with all state laws, but she’Äôs still fearful federal agents couldagain show up at her door. ’ÄúWe just provide medicine for our patients, and we try to be ascompassionate as we can,’Äù she said in a soft voice. ’ÄúLast time wastraumatizing. I don’Äôt want to feel that again.’Äù Feds to Continue Raids on Medical Pot in California – Mission Loc@l -- San Francisco Mission District's News, Food, Art and Events