DEA agents hit store in Sacramento

[palmspringsbum]

DEA agents hit 16th St. store in medical pot raid
Federal officers report seizing about 22 pounds of marijuana and $48,000 in cash in the first such raid in the capital.

By Elizabeth Hume -- Bee Staff Writer
Published 2:15 am PDT Thursday, April 20, 2006
Story appeared in Metro section, Page B1

<img src=bin/221957-0420dea.jpg align=right title="Jenelle Daffron, right, a co-owner of Awakenings, is embraced by an unidentified woman after federal drug agents raided Daffron's store on 16th Street.">For the first time in the city of Sacramento, federal drug agents on Wednesday conducted a search of what authorities said was a medical marijuana store.

Drug Enforcement Administration agents served a search warrant at the store at 2020 16th St. about 9:30 a.m. Federal officers also served two warrants at the homes of the store's owners, one in Citrus Heights and one in North Highlands, said Gordon Taylor, assistant special agent in charge of the Sacramento DEA office.

A small sign on the glass door identifies the store as Awakenings: Books, Stones and More.

Ryan Landers, a medical marijuana activist, said the DEA agents came in with guns drawn and forced the three people inside down on the ground, pointing shotguns at their heads. The agents searched the shop and seized computers, cannabis, pipes, scales and patient records, Landers said.

"Now it's a waiting game to see if they file charges," said Landers, wearing a black T-shirt with the word "voter" inscribed in bold white letters.

Shop owner Jenelle Daffron, 27, arrived at the 16th Street storefront shortly after noon, still in the red pajamas she said she was wearing when DEA agents burst into her home Wednesday morning. Daffron said she was shaken and not ready to comment.

"It's all like a blur," she said.

No arrests had been made by Wednesday afternoon.

Agents seized 22 pounds of marijuana and $48,700 in cash at the store, said Taylor, adding several firearms were found at the residences searched.

<img src=bin/221957-0420dea2.jpg align=left title="Peter Keyes, a medical marijuana supporter, shouts at Sacramento Police Officer Jason Barrett on Wednesday while protesting a federal Drug Enforcement Administration raid on a midtown Sacramento business that reportedly was operating as dispensary for medicinal pot.">"Many of these operators will say they're just concerned about the seriously or terminally ill, but their true agenda is to line their pockets with drug money," Taylor said.

Inside the Lynn Beauty Salon next door, owner Lynn Luong said she was surprised to learn marijuana was sold at the shop.

"I had no idea," she said. "Every time I asked them, they said it was a bookstore."

City Councilman Robbie Waters said he became aware of the store about a year ago when neighbors alerted him. Waters contacted the DEA, suspecting the owners might be selling marijuana, the councilman said.

"There were numerous complaints from the neighbors. I'm glad to see that they were able to successfully execute their search warrant this morning," Waters said.

The city of Sacramento does not have a prohibition banning medical marijuana. But under the city's zoning code, medical marijuana dispensaries are not an authorized use of property, Assistant City Attorney Rich Archibald said.

As word spread of the raid, about 10 medical rights activists showed up with signs in protest, chanting, "DEA, go away!"

Nathan Sands, chairman of the Compassionate Coalition, said the DEA's efforts against medical marijuana stores was harassment. "As far as we know, they (the store owners) are here for the patients and operating a clean operation," Sands said.

<img src=bin/221957-0420dea3.jpg align=right title="Drug Enforcement Administration agents searched a store at 2020 16th St. on Wednesday morning, as well as the store owners' homes.">He said he had purchased marijuana there to treat his chronic nausea. He has been using medical marijuana for three years.

"I've tried a lot of different things; most of them didn't work," he said. Sands said there are about a half-dozen medical marijuana stores in Sacramento County, and another half-dozen delivery services.

As DEA agents finished their work inside the store, protesters grew angrier. At one point, one protester lit a water pipe filled with tobacco, taunting the officers inside.

Medical marijuana is legal in California under Proposition 215, a 1996 initiative permitting the use of cannabis for medical treatment. However, under federal law, marijuana is illegal. In June, the U.S. Supreme Court said state laws do not trump the federal government's authority to prosecute marijuana users.

The 16th Street search was the third DEA operation at a cannabis dispensary in the Sacramento region since the court's June ruling. Federal agents seized more than 1,000 plants at Alternative Specialties on Folsom Boulevard in July. The owner, Louis Wayne Fowler, was indicted in federal court on three counts involving selling marijuana, firearms and being a felon in possession of firearms.

A federal grand jury in January indicted Richard James Marino, operator of Capital Compassionate Care in Roseville, on drug and money-laundering charges. The indictment alleges Marino made about $2.75 million in the time his store was open from January 2004 to early September.

[palmspringsbum]

Owners vow medical marijuana store will stay open

By Elizabeth Hume -- Bee Staff Writer
Published 1:46 pm PDT Friday, April 21, 2006
The Sacramento Bea


Two women who run a Sacramento medical marijuana dispensary said Friday they are willing to go to prison if it means helping patients who seek out cannabis as an alternative medication.

"We took that risk a long time ago," said Desiree Mott, 23, sitting in front of a store at 2020 16th St. Mott and her business partner, Janelle Daffron, 27, appeared at a press conference to publicize their views.

A small sign on the glass door identifies the store as Awakenings: Books, Stones and More. At the back of the store in another room is the dispensary called Capital Alternatives - an organization Mott said has been open for six years.

"We're here to help people. Our rights were taken away," Daffron said.

Both women were at their separate homes Wednesday when Drug Enforcement Association agents entered the downtown store with guns drawn.

Agents also served warrants at Daffron's North Highlands home and another at Mott's Citrus Heights home.

Authorities searched the downtown store and seized 22 pounds of marijuana, $48,700 in cash, a computer, scales and patient records, said Gordon Taylor, assistant special agent in charge of the Sacramento DEA office. Another $4,000 was seized from Daffron's home, he said.

The Sacramento store raid highlighted the continuing debate over medical marijuana.

Eleven states have legalized the use of medical marijuana. California voters approved the use of medical marijuana by passing Proposition 215 in 1996. It requires medical doctors to recommend the drug for use, and also gives cities and counties discretion over regulation.

"It's the cities and counties that are on the line," said Ruthann Ziegler, a senior attorney for the law firm Meyers Nave, which represents 28 cities in California. "There's a difference in interpretation of whether cities may allow the use or must allow the use of medical marijuana."

Daffron became involved in the movement at age 18, she said. Her mother was struggling with Hepatitis C, diabetes and arthritis.

"My mother needed medication, and this is how it began," Daffron said.

About 20 supporters surrounded Daffron as she spoke. They waved California flags and carried signs promoting medical marijuana.

No one has been arrested since the search warrants were issued.

"These investigations take time, and these investigations are ongoing," Taylor said.

Communities have struggled with how to respond to the law. Several cities in Placer County - including Auburn, Rocklin, Roseville and Lincoln - have banned the shops. In January, San Diego and San Bernardino voted to sue to overturn Proposition 215.

Other cities, such as San Francisco and Oakland, have allowed marijuana shops to operate with restrictions. Oakland allows only four dispensaries. Hours and security of the dispensaries are regulated by the city.

Other cities have followed middle courses. Sacramento does not prohibit medical marijuana stores, but under the city's zoning code, medical marijuana dispensaries are not considered an "authorized use of property," Assistant City Attorney Rich Archibald said.

The federal government has prohibited marijuana sales and takes an active stance against it. The U.S. Food and Drug Administration issued an advisory Thursday stating there is no scientific evidence proving marijuana's medical benefits. The advisory claims state measures to legalize the herb conflict with the federal process for the approval of medications.

"These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective under the standards of the DF&C Act," the FDA statement said.

The U.S. Supreme Court ruled in June that state laws do not trump the federal government's authority to prosecute marijuana users. Since the ruling, the DEA has held three operations in the Sacramento region targeting cannabis dispensaries. The federal government's role has further complicated the issue for states and cities, Ziegler said.

"It pushed cities and counties into a critical junction," Ziegler said.

Daffron and Mott's downtown store reopened Thursday for business, just one day after the raid. The operators say they have no plans on shutting it down.

"As of right now our doors are open," Mott said.