Oaksterdam Resolution

Passed the Alameda County Democratic Central Committee on Wednesday, May 2, 2012

RESOLUTION DECRYING THE FEDERAL RAID ON DISPENSERIES AND CALLING FOR THE US DEPARTMENT OF JUSTICE TO REFRAIN FROM FUTURE EXPENDITURE OF PUBLIC RESOURCES ON ANY ACT THAT CONTRADICTS THE WILL OF THE CALIFORNIA VOTERS REGARDING MEDICAL MARIJUANA

WHEREAS, On November 6, 1996 the people of the State of California passed Proposition 215 enacting the Compassionate Use Act to allow seriously ill residents of the state, who have the oral or written approval or recommendation of a physician, to use marijuana for medical purposes without fear of criminal liability, and, SB 420 in 2003 established California’s Medical Marijuana Program to provide a voluntary medical marijuana identification card issuance and registry program for qualified patients and their caregivers, including a web-based registry system that allows law enforcement and the public to verify the validity of a qualified patient or caregiver's card as authorization to possess, grow, transport and/or use Medical Marijuana in California; and

WHEREAS, the Administration promised that it would not use Justice Department resources to try to circumvent related state laws, insisting that medical marijuana was an issue best left to state and local governments, and in March 2009, emphasized that the Justice Department would only target medical marijuana providers who violate both federal and state law; and,

WHEREAS, The will of California voters is violated when federal agents from the US Marshal, Drug Enforcement Administration, and Internal Revenue Service descend upon any dispensary, and considerable public resources are expended on raids at a time that local cities have serious public safety challenges, an insufficient number of police personnel, and could benefit from an infusion of federal resources and assistance focused on the persistent issues of illegal guns and gun violence;

NOW THEREFORE, BE IT RESOLVED that the Alameda County Democratic Central Committee decries the recent federal raid on lawful California State dispensaries as a breach of promise and ill-directed use of taxpayer dollars, and that the federal government be called on to adhere to Administration promises about respecting state laws on medical marijuana by directing federal agencies to cease and desist from any further such action in California; and,

BE IT FURTHER RESOLVED that this Resolution be forwarded to County Democratic Central Committees statewide requesting either their concurrence with this Resolution or passage of similar resolutions and to the California Democratic Party for presentation to and consideration by the Executive Committee at its next meeting, and that copies of this resolution be sent to Governor Jerry Brown, Attorney General Kamala Harris, Senate President Pro Tem Darrell Steinberg, Assembly Speaker John A. Perez, and all Democratic State Senators and Assembly members who represent Alameda County in the California State Legislature.

Submitted by Mario Juarez, Member AD 16 and Kathy Neal, Member AD 16