Talking points supporting AB 2743

• Assembly Bill (AB) 2743 would make it the policy of state and local law enforcement agencies to not cooperate with the DEA or other federal law enforcement agencies in their attack on sick and dying medical marijuana patients and their caregivers.

• Last year, California's Fourth Circuit Court of Appeals — arguably the state's most conservative district — ruled that "it is not the job of the local police to enforce the federal drug laws." This legislation simply reaffirms the court's decision. (Garden Grove v. Superior Court (2007) 157 Cal. App. 4th 355, 391)

• Some state and local law enforcement officers have understandably raised questions as to which law to enforce when dealing with medical marijuana: federal or state. By building upon Article III, Section 3.5 of the state constitution and court rulings on the matter, this legislation clears up those questions and provides clear direction to our law enforcement community.

• The 10th Amendment of the U.S. Constitution and decades of legal precedence confirm that states have a right to determine their own policies in regards to issues such as medical marijuana. It's a slap in the face to California voters that public servants are forced to actively undermine their own state's right to self-determination.

• Medical marijuana dispensing collectives generate tens of millions of dollars in taxes for the state. It makes little financial sense to waste our own state's tax dollars to shut down legitimate sources of revenue.

• Many of the DEA raids have been conducted in jurisdictions that, through local ordinances, permit and regulate medical marijuana providers. Sometimes local peace officers feel obligated to assist the DEA, even when it undermines state law and local ordinances. Law enforcement officers should be given clear direction, so that they know their responsibility is to uphold state and local law.

• At least five cities* have passed resolutions barring their local law enforcement agencies from assisting in the DEA's war on medical marijuana patients. In addition, Santa Barbara and Santa Monica have made cooperation with the federal enforcement of certain marijuana offenses their lowest priority. The legislature should listen to this chorus of support and extend this compassionate policy to the entire state.
  *Berkeley, Oakland, San Francisco, Santa Cruz, Sebastopol, and West Hollywood