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UPPER LAKE – An advocacy group said Monday that several arrests by the Drug Enforcement Administration that followed a federal raid in Upper Lake last week are believed to be the first involving medical marijuana since President Barack Obama took office. Tom Carter and Brett Bassignani were arrested Aug. 18 on charges of conspiracy and possession with the intent to distribute marijuana, as Lake County News has reported. An informant had allegedly made a purchase deal with Bassignani and referenced Carter in the transaction, but last week Carter's federal defense attorneys filed a document in which they challenged the charge, saying they were weak and should be dismissed. Court document reveal there were additional arrests as well – those of Carter's neighbors, Scott Feil and Diana Feil, and Diana Feil's stepfather, Steven Swanson. The charges against the Feils and Swanson, however, are not elaborated in the documents that Lake County News was able to obtain Monday. A US Attorney's Office spokesman could not be reached for comment on the case Monday. Scott Feil was the former manager of the United Medical Caregivers Clinic medical cannabis dispensary in Los Angeles, and has been fighting a federal forfeiture case for several years, according to Dale Gieringer, PhD, coordinator for California NORML, a group dedicated to reforming marijuana laws. Gieringer said the Upper Lake situation is significant because, although there have been about three or four other DEA raids involving that are alleged to be medical marijuana collectives, this is the first time arrests were made and federal charges filed since President Obama came into office in January. Earlier this year, US Attorney General Eric Holder announced that the federal government would no longer prosecute marijuana offenses that are legal under state medical marijuana laws. Since then, the DEA has raided two or three dispensaries in San Francisco and Los Angeles, but without making any arrests, according to California NORML. Gieringer said the 154 plants seized from Carter's property – which Carter's wife, Jamie Ceridono, said were covered by medical recommendations – is a small number and is in keeping with what would be found at a medical marijuana collective. “It sounds like the key to this whole case is this informant who was setting something up,” said Gieringer. California NORML, which has kept track of all federal marijuana arrests since they started, denounced the federal government for continuing to interfere in California's medical marijuana laws in the wake of the Upper Lake arrests. The group reported that more than 100 medical marijuana defendants have been charged under federal law. Gieringer called for concrete changes in federal law, and said the Obama administration so far hasn't announced any changes in federal laws or regulations. Obama appointees haven't yet replaced Bush appointees – who Gieringer called “marijuana-hostile” – in the DEA and the U.S. Attorney's Office in Northern California. The locals arrested last week were transported to the Bay Area. Feil is due for a detention hearing at 9:30 a.m. Tuesday in San Francisco. Carter's detention hearing is scheduled for 9:30 a.m. Wednesday, and Ceridono said she and supporters plan to attend. E-mail Elizabeth Larson at
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111th CONGRESS
1st Session
H. R. 2835
To provide for the medical use of marijuana in accordance with the laws of the various States.
IN THE HOUSE OF REPRESENTATIVES
June 11, 2009
Mr. FRANK of Massachusetts (for himself, Mr. BLUMENAUER, Mr. FARR, Mr. MCDERMOTT, Mr. PAUL, Ms. WOOLSEY, Mr. ROHRABACHER, Mr. GRIJALVA, Mr. THOMPSON of California, Mr. GEORGE MILLER of California, Mr. STARK, Mr. HINCHEY, Mr. OLVER, and Ms. BALDWIN) introduced the following bill; which was referred to the Committee on Energy and Commerce.
A BILL
To provide for the medical use of marijuana in accordance with the laws of the various States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Medical Marijuana Patient Protection Act’.
SEC. 2. CONTROLLED SUBSTANCES ACT.
(a) Schedule- Marijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.
(b) Prescription or Recommendation-
(1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law--
(A) the prescription or recommendation of marijuana by a physician for medical use;
(B) an individual from obtaining, possessing, or transporting within their State, manufacturing or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual hereinafter in this section referred to as ‘an authorized patient’;
(C) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or
(D) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing or distributing marijuana to such authorized patients.
(2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in which marijuana may be prescribed or recommended by a physician for medical use, for the purpose of producing marijuana for prescription or recommendation by a physician for medical use from producing, processing, or distributing marijuana for such purpose.
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law--
(1) the prescription or recommendation of marijuana by a physician for medical use;
(2) an individual from obtaining, possessing, or transporting within their State, manufacturing, or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual, hereinafter in this section referred to as ‘an authorized patient’;
(3) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or
(4) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing or distributing marijuana to such authorized patients.
(b) Production- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in which marijuana may be prescribed or recommended by a physician for medical use, for the purpose of producing marijuana for prescription or recommendation by a physician for medical use from producing, processing, or distributing marijuana for such purpose.