WILL MEDICAL MARIJUANA SHOPS RETURN TO BAKERSFIELD?

The controversial and often confusing issue of the legality of
medical marijuana dispensaries may have just received some
clarification this week following remarks made by U.S. Attorney
General Eric Holder.

At a news conference Wednesday, Holder seemed to say the Drug
Enforcement Administration would end its raids on state-approved
medical marijuana dispensaries.

Such a move could prompt a huge change in Kern County, since state
law allows the use of medical marijuana. Federal law, however, says
marijuana is illegal -- period. That means pot dispensaries can be
raided at any time.

That's exactly what happened in 2007 and soon after all marijuana
dispensaries in the county closed up shop. Owners said at the time
that the risk of lengthy prison sentences and massive fines was too
much for them to remain in business.

That could now change.

The Drug Enforcement Administration has always led raids on local pot
shops. Local law enforcement provide officers or deputies to support
the raids, but generally don't initiate them on their own.

Even if the federal government no longer targets pot shops, local law
enforcement will step in if the shops are violating state law, Police
Chief Bill Rector said. For example, the shops aren't allowed to make a profit.

Rector also said that officers in Kern and Tulare counties have come
across huge amounts of marijuana being grown illegally in recent
years. He believes a lot of that marijuana is going to the dispensaries.

Sheriff Donny Youngblood said he hadn't heard Holder's statement. He
did say, however, that the attorney general doesn't write the law and
that unless the U.S. Supreme Court or Congress changes the law he's
not sure what impact Holder's statement will have.

The attorney general's comments were good news, however, to Jeff
Clark and other supporters of medical marijuana. Clark, president of
the Upper Kern County chapter of NORML, a pro-legalization group,
said he's requesting Kern County supervisors to allow 24 pot shops to
open within the county. He estimated there are 30,000 medical
marijuana patients in the county.

"We voted this (state law) in and they need to follow state
legislation and allow shops to open in Kern County," Clark said.

District Attorney Ed Jagels said his office has periodically
prosecuted people who have had such large amounts of marijuana that
it couldn't possibly have been for medical use. If what Holder said
is actually going to happen, it wouldn't impact the prosecutor's
office because they target people who aren't obeying state law, he
said. They do not prosecute federal crimes.

"I haven't seen these comments, but if what you're saying is accurate
then it sounds like the Obama administration is saying they won't do
their duty and enforce federal law," Jagels said. "Given the
constituency that elected Obama, I'm not surprised."