Molly Fry, M.D.

Bay Area Reporter
November 8th, 2001
Liz Highleyman

SF DA Hallinan Tells Feds to "lay off" medical marijuana clubs

Mark Leno seeks "sanctuary" status for San Francisco

At a noon conference at the Hall of Justice on Monday, November 5th, San Francisco District Attorney Terence Hallinan called on the federal Drug Enforcement Agency to stop targeting the city's medical marijuana users and providers. Later that same day, supervisor Mark Leno introduced a largely symbolic resolution declaring San Francisco medical cannabis "sanctuary".

Leno's proposal now heads to the Public Health and Environment committee for a hearing before going to the full board for a vote. If approved the measure would be sent to Mayor Willie Brown for consideration.

"I am urging the DEA and the feds to lay off our medical marijuana clubs here in San Francisco," said Hallinan at the new conference.

As the US continues its war on terrorism, Hallinan added, "this is a time for unity and compassion, not meanness and oppression."

Dan Addario, Chief Investigator with the District Attorney's office, and a former DEA agent himself, asserted that the DEA should "get the hell out of the medical marijuana business."

About 150 medical marijuana patients and supporters--many mobilized by the League of American Marijuana Patients and Supporters--rallied at the Hall of Justice during the news conference, loudly cheering the speakers and chanting "DEA go away". The rally was followed by a spirited march to the federal building in the Tenderloin.

San Francisco medical cannabis users and providers have been nervously awaiting the federal government's next move after a series of DEA actions that included a September 28th raid on the California Medical Research Center near Auburn and the search of the El Dorado County home of CMRC Directors Dr. Marion "Molly" Fry and Dale Schafer--resulting in the seizure of several thousand patient records--and an October 25th raid on the Los Angeles Cannabis Resource Center in West Hollywood.

The recent DEA actions follow a May Supreme Court decision against the Oakland Cannabis Buyer's Co-operative, which stated that Congress had declared that marijuana has no medical use and therefore "medical necessity" could not be used as a defense for circumventing federal drug laws.

Fry and Schafer both spoke at Monday's rally in San Francisco. "When I became a doctor, I took an oath to do what was best for my patients--not an oath of allegiance to the government or politics", said Fry.

"I don't care if Congress declares that the moon is made of green cheese," asserted Schafer, alluding to the Supreme Court decision. "That doesn't make it true."

Several bay area cannabis buyer's clubs have reported increased surveillance in recent weeks. The San Francisco Patient Resource Center has closed in the wake of the DEA actions elsewhere in the state, as has Cannabis Healing Californians. Act-up SF's medical marijuana club remains open, a spokesman said. Californians Helping Alleviate Medical Problems is staying open on a day-to-day basis.

Speaking at the news conference, CHAMP Director Michael Aldrich, emphasized the need to ""speak truth in the face of federal lies" about marijuana's purported lack of medical uses and high abuse potential". Cannabis has hundreds of medical uses," declared Aldrich, "from terminal illness to plain old stress relief".

Leno's resolution, written with Hallinan and local medical marijuana providers, seeks to declare San Francisco "a sanctuary for medical cannibis use, cultivation, and distribution," and urges the District Attorney, city police and Deputy Sheriffs, the State Attorney General, and the California Medical Board " not to assist in harassment, arrests, or prosecution of physicians, medical cannabis dispensaries, individual patients, or their primary caregivers who are attempting to comply with Proposition 215.

Last year Leno sponsored legislation implementing city-wide medical marijuana ID card issued to eligible patients issued by the Department of Health.

"When the DEA comes knocking on San Francisco's door," said Leno; "they won't find anyone here to welcome them."