RESOLUTION COULD END POLICE COOPERATION IN PROBES AGAINST MEDICAL MARIJUANA

City Manager Says Proposal Goes Too Far

After a series of high-profile federal raids of Bay Area medical marijuana
clubs, the Berkeley City Council will consider a proposal tomorrow that
would end police cooperation with Drug Enforcement Administration
investigations or actions against local clubs.

The recommendation, submitted by the Police Review Commission, takes direct
aim at the enforcement of federal laws against medical marijuana, which is
legal under California law.

"We are telling the DEA to butt out," said Commissioner Michael Sherman.

In addition, the proposal requests that the Berkeley Police Department
publicly state its support for Berkeley's medical marijuana ordinance and
Proposition 215, the California initiative that legalized medical marijuana
in 1996.

Despite local opposition to the federal law, which supercedes the state
law, the DEA has continued enforcing federal marijuana laws locally with
raids of medical marijuana clubs in Oakland and San Francisco in February.

The recommendation, however, drew criticism from City Manager Weldon
Rucker, who drafted a counterproposal that just includes a city endorsement
of congressional legislation that would leave decisions on marijuana
legalization to the states.

Rucker wrote that the relationship between Berkeley police and the DEA
could be weakened if the police department refused to cooperate with
investigations of local medical marijuana clubs.

The department should be free to decide whether it wants to cooperate with
the DEA based on individual circumstances, Rucker said.

The proposal, Sherman said, is not intended to prevent Berkeley police from
assisting the DEA in investigations of other drug related offenses, but
particularly targets actions against marijuana users.

"Our relationship with the DEA is not going to be hurt," Sherman said. "We
will cooperate on further issues."

The proposal also drew criticism from DEA officials who maintain that their
duty is to enforce federal laws.

"It's unfortunate the city is considering this," said DEA Special Agent
Richard Meyer. "We enjoy an excellent working relationship with the
Berkeley Police Department."

Meyer said that even if the DEA does not get Berkeley police assistance in
possible future investigations of medical marijuana clubs, their
relationship would remain strong.

"I'm sure we'll cooperate in other matters," Meyer said. "Unfortunately
marijuana is not the only illegal drug that is dealt in Berkeley."

Without Berkeley's assistance in matters of medical marijuana enforcement,
Meyer said the agency would have little trouble working on its own.

The DEA still works well with the San Francisco Police Department, which
does not cooperate with agency medical marijuana enforcement and
investigations, Meyer said.

Berkeley Mayor Shirley Dean said that while she agrees with the proposal in
principal, she fears it could do more harm than good.

The policy, Dean said, could serve as an invitation for the DEA to
interrupt the city's medical marijuana facilities.

While facilities in Oakland and San Francisco have been the targets of DEA
investigations and raids, Berkeley medical marijuana clubs have been
relatively immune, Dean said.

"Most of them are doing well," Dean said. "I don't want to direct the DEA's
attention to us. I see absolutely no reason to put up these rockets,
because that is what got Oakland and San Francisco into the difficulties
they are in now."