San Francisco Chronicle

Berkeley to vote on becoming cannabis sanctuary city.

Measure inspired by sanctuary city law on immigratio­n

- By Annie Ma

Berkeley’s cannabis industry could soon be protected by an unpreceden­ted new law that takes a cue from California’s efforts to protect undocument­ed immigrants.

The City Council on Tuesday will vote on a resolution to declare Berkeley a sanctuary for legal adult-use cannabis and properly licensed business operations. The municipal measure — believed to be the first of its kind in any state where cannabis is legal — is modeled after California’s sanctuary law, which bars state agencies from cooperatin­g with federal immigratio­n enforcemen­t in the absence of a court order.

Berkeley’s resolution, if passed, would prohibit city agencies and employees from using resources and funds to assist in enforcing federal marijuana laws. Agencies would also be prohibited from turning over informatio­n on legal cannabis activities — as defined by state law — to federal authoritie­s.

Councilman Ben Bartlett, who wrote the resolution along with Mayor Jesse Arreguin and Councilwom­an Cheryl Davila, called Berkeley the original sanctuary city and first cannabis city. Bartlett added that there is no shortage of demand or opportunit­y for legal pot providers in Berkeley.

“The lines are around the door for the cannabis industry,” he said. “The genie is already out of the bottle.”

While the resolution would send a dual message of support and resistance to the cannabis industry and federal government, respective­ly, lawyers and advocates admit that the actual protection­s local agencies can provide remain limited.

“Theoretica­lly, there isn’t such a thing as legal marijuana anywhere in the United States

of America,” said Dale Gieringer, the California director of the National Organizati­on for the Reform of Marijuana Laws.

The federal government still considers marijuana a Schedule I drug, which like heroin, ecstasy and LSD are defined as substances with no acceptable medical use and a high potential for abuse.

Berkeley’s vote on the sanctuary resolution was motivated by a “Marijuana Enforcemen­t” memo by President Trump’s attorney general, Jeff Sessions, who removed guidelines that directed federal prosecutor­s to refrain from going after cannabis businesses and users that follow state laws.

“Sure they can raid them at any time, but they haven’t bothered,” Gieringer said. “What this is saying to the federal government is that if you want any enforcemen­t, you have do it yourself.”

Berkeley has a long history of shielding its cannabis culture. The 1979 Berkeley Marijuana Initiative directed the police department to make marijuana enforcemen­t its lowest priority. A 2008 resolution declared Berkeley a sanctuary for medical cannabis providers and patients, opposing efforts by the U.S. Drug Enforcemen­t Agency to shut down medical marijuana dispensari­es.

Similar sanctuary measures have also been considered at the state level.

A bill last year by Assemblyma­n Reggie Sawyer-Jones (D-Los Angeles) sought to block state and local agencies from assisting federal agencies with enforcing action against cannabis activity that is legal under state law. AB1578 passed the Assembly but was designated inactive at the end of last year’s legislativ­e session. Sawyer-Jones said in January that he would move to bring it back for Senate considerat­ion.

“What Jeff Sessions is proposing is not a return to ‘Rule of Law,’ as he claims,” SawyerJone­s said in a statement. “Instead he is taking away access to cannabis for children with chronic diseases, cancer patients, seniors and veterans. We can’t let that happen.”

Neither the Assembly bill nor the Berkeley resolution would limit local assistance on enforcemen­t against illegal, unlicensed cannabis operations. Sawyer-Jones has framed his bill as a refusal of compliance when state laws are upheld rather than a blanket sanctuary for cannabis.

As public opinion on cannabis has shifted, California’s elected officials and law enforcemen­t have grown more interested in pushing the industry to follow state regulation­s than in eradicatin­g cannabis, Gieringer said.

“A lot of people, including law enforcemen­t and those in the industry, have all invested a lot in making that system work,” he said. “Even the rightwing Republican­s and the law-and-order types aren’t crying for bringing in the feds.”

Federal marijuana crackdowns frequently consist of asset forfeiture, which often targets landlords, or raids and seizures by the DEA. Both operations rely on some level of cooperatio­n from local agencies for informatio­n and manpower. DEA raids on marijuana growers frequently rely on joint task forces with local police department­s, which receive a cut of the funds for the enforcemen­t operation.

But the informatio­n that police department­s may turn over to — including home and business addresses, phone numbers, Social Security numbers and financial data — can easily be tracked down by federal authoritie­s themselves.

Lara DeCaro, an attorney who represente­d the Berkeley Patients Group dispensary in its forfeiture case, said that even the most sweeping sanctuary protection­s could only slow, not fully halt, federal enforcemen­t.

“It’s really trying to hamstring the DEA’s ability to target licensed facilities,” she said. “It’s otherwise obtainable, but they’re not very well resourced.”

Without local agencies’ help, DeCaro added, the DEA might lack the manpower needed to carry out its warrants and raids.

In 2016, the most recent year informatio­n is available, the DEA’s cannabis eradicatio­n and suppressio­n program seized 3.8 million plants and $10 million in related assets from California-based operations.

Other states are also weighing options to protect their cannabis industries. A bill introduced in the Massachuse­tts House would prevent local agencies from participat­ing in federal cases against individual­s and businesses that follow state cannabis laws.

 ?? Paul Chinn / The Chronicle ?? Sue Gardea (left) sells legal cannabis to Chris Conrad and wife Mikki Morris at the Berkeley Patients Group on Jan. 1.
Paul Chinn / The Chronicle Sue Gardea (left) sells legal cannabis to Chris Conrad and wife Mikki Morris at the Berkeley Patients Group on Jan. 1.
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