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News (Media Awareness Project) - US CA: DEA Agents Raid Culver City Medical Marijuana Dispensary
Title:US CA: DEA Agents Raid Culver City Medical Marijuana Dispensary
Published On:2008-08-01
Source:Los Angeles Times (CA)
Fetched On:2008-08-02 17:38:30
DEA AGENTS RAID CULVER CITY MEDICAL MARIJUANA DISPENSARY

The Action Comes on the Same Day an Appellate Court in San Diego
Rules That Federal Law Does Not Preempt California's Medical Pot Law.

Federal agents raided a Culver City medical marijuana dispensary
where they spent more than four hours this afternoon, serving a
search warrant that resulted in no arrests but left the shop in disarray.

Drug Enforcement Administration agents arrived about noon at Organica
Collective in the 13400 block of Washington Boulevard, said Sarah
Pullen, a spokeswoman for the Los Angeles office of the agency.

"Marijuana remains a controlled substance, and it is illegal under
federal law to possess, dispense or cultivate marijuana in any form,"
Pullen said of the purpose of the raid.

The federal operation came on the same day an appellate court in San
Diego ruled that federal law does not preempt the state's law
allowing the use of medical marijuana -- a ruling touted by
supporters of California's medical marijuana law as a significant win.

At the dispensary agents left behind trash, counters strewn with open
and empty glass jars, piles of receipts thrown on the ground,
upturned couch cushions, bits of marijuana on the edges of counters
and an ATM with its doors torn open and emptied.

In the residents' rooms a safe was cut open, dresser drawers pulled
open, and rumpled clothes and knickknacks thrown on the ground. An
outdoor vegetable garden had plants uprooted, along with marijuana
plants removed by the agents.

Brian V. Birbiglia, 35, sat handcuffed next to DEA agents on a
tattered couch outside the dispensary for more than four hours during
the raid. Next to the couch sat a box marked "DEA evidence," about a
dozen black trash bags and two Trader Joe's paper bags. Some agents
wore protective chest gear, black sunglasses and guns in leg holsters.

After the raid was over and he was released, Birbiglia was visibly
enraged. An employee and friend of the dispensary's owner, Jeff
Joseph, Birbiglia said he is a disabled former Marine who has a
prescription to smoke marijuana for a foot injury.

"We follow the law," he yelled, his face red and his eyes teary. "We
might as well have just got robbed by a bunch of thugs downtown."

Birbiglia found a remaining bud of marijuana that agents had missed,
and he popped it into a pipe to smoke.

"They forgot this, and I'm going to smoke it," he said.

Los Angeles Councilman Bill Rosendahl was called to the scene by the
owner and arrived several hours after the raid began. Rosendahl,
standing outside the gate to the store's parking lot, said he was
frustrated that there was nothing he could do to intervene. The
dispensary straddles the boundary between Los Angeles and Culver
City, Rosendahl said. Culver City police assisted federal agents at the scene.

"This is an action with the federal government, which is sad,"
Rosendahl said, "because these laws need to be revisited in
Washington, especially the medical marijuana law. We're incarcerating
people by the tens of thousands, we're destroying peoples' lives, and
people who have a medical marijuana legitimacy are caught in the
middle. It's a problem we need to resolve. This conflict is totally
unacceptable."

Clyde Carey, 50, of Marina del Rey was at the store Friday visiting a
friend when agents burst in through the locked front door, he said.

"We heard some noise outside, and then the door literally burst in,
and the DEA came in in full combat gear, told everybody to get on the
floor and put their hands behind their heads," Carey said. "It was
like, literally, an episode of "24," when they bust in on a terrorist cell."

Carey, who said he has multiple sclerosis and has been a dispensary
customer since February, stood across the street near a Starbucks
with about half a dozen people who had witnessed the raid, watching
agents walk in and out.

He said DEA agents searched and cuffed the roughly 25 people inside
the building, which also includes four upstairs rooms. Then agents
started searching the premises, removing computers, medicine and
money, and using a steel cylinder battering ram to get into the
upstairs bedrooms, Carey said.

Joseph, the owner, said he was at the bank when an employee called to
warn him of the raid.

"I'm a fugitive at the moment," he said. Joseph said he had been
speaking with his attorney but would not comment on the amount of
marijuana lost. "It's going to be very expensive," he said, adding
that he had "paid my taxes, every quarter since last year; I've paid my taxes."

The search warrant signed by U.S. Magistrate Judge Victor B. Kenton
authorized the seizure of "controlled substances, including
marijuana; derivatives thereof, and edible products containing
marijuana . . . receipts, notes, ledgers, records . . . reflecting
the proceeds of those activities . . . electronic equipment . . .
photographs, negatives, videotapes, films, addresses and/or telephone
books . . . records, documents, programs, applications. . . ."

On a Web forum for medical marijuana users, news of the raid was
posted shortly after 1 p.m. with a call for protesters to "please go
down with signs and friends to show your support!"

The dispensary's MySpace page says it offers "the best of Los
Angeles' medical cannabis, as well as several different types of
clones. New patients receive a free gift with their first purchase!
We are open from 11 a.m. to 10 p.m. every day, with free secure
parking and friendly vibes!"

In addition, the section titled "Who I'd like to meet" solicits
people without a "medical recommendation card" for marijuana.

"Suffer from migraines, cancer, glaucoma, depression, arthritis,
nausea, anorexia, AIDS, insomnia, chronic pain or any other
disorders?" the website says. "Medicinal marijuana might be for you!
Come meet with our doctor and see if you qualify."
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