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Pot foes say medical marijuana robberies show crime forever linked to drug

SAN FRANCISCO — Patients, growers and clinics in some of the 14 statesthat allow medical marijuana are increasingly falling victim torobberies, home invasions, shootings and even murders at the hands ofpot thieves.

SAN FRANCISCO — Patients, growers and clinics in some of the 14 states
that allow medical marijuana are increasingly falling victim to
robberies, home invasions, shootings and even murders at the hands of
pot thieves.


There have been dozens of cases in recent months alone. The issue
received more attention this week after a prominent medical marijuana
activist in Seattle nearly killed a robber in a shootout — the eighth
time thieves had targeted his pot-growing operation.


Critics say the heists and holdups prove that marijuana and crime are
inseparable, though marijuana advocates contend that further
legalization is the answer. News of crimes related to medical marijuana
comes at an awkward time for California and Washington advocates who
are pushing to pass ballot measures to allow all adults, not just the
seriously ill, to possess the drug.


``Whenever you are dealing with drugs and money, there is going to be
crime. If people think otherwise, they are very naive,’’ said Scott
Kirkland, the police chief in El Cerrito, California, and a vocal
critic of his state’s voter-approved medical marijuana law.


``People think if we decriminalize it, the Mexican cartels and Asian
gangs are going to walk away. That’s not the world I live in,’’
Kirkland said.


Activists and law enforcement officials say it is difficult to get an
accurate picture of crimes linked to medical marijuana because many
drug users don’t report the crimes to police for fear of arousing
unwanted attention from the authorities. But the California Police
Chiefs Association used press clippings to compile 52 medical
marijuana-related crimes — including seven homicides — from April 2008
to March 2009.


There also is plenty of anecdotal evidence:


— A man in Washington state was beaten to death last week with what is
believed to be a crowbar after confronting an intruder on the rural
property where he was growing cannabis to treat painful back problems.


— Medical marijuana activist Steve Sarich exchanged gunfire with
intruders in his Seattle home Monday, shooting and critically injuring
one of them.


— In California, a boy was shot to death while allegedly trying to steal a cancer patient’s pot plants from his home garden.


— A respected magazine editor was killed in 2007 by robbers who
targeted his Northern California home for marijuana and money after
hearing that his teenage son was growing pot with a doctor’s approval.


— Robbers killed a security guard at a Los Angeles medical marijuana dispensary in 2008.


Police and marijuana opponents say the violence is further proof that
the proliferation of medical marijuana is a problem that will worsen if
the drug is legalized or decriminalized.


Pot activists say the opposite: that prohibition breeds crime and
legalization would solve the problem. They also say the robberies have
exposed the need for more regulation of medical marijuana laws in
states like California, Washington and Colorado.


``The potential for people to get ripped off and for people to use guns
to have to defend themselves against robbers is very real,’’ said Keith
Stroup, founder and chief legal counsel for the National Organization
for the Reform of Marijuana Laws. ``But it’s nothing to do with medical
marijuana. It is to do with the failure of states to regulate this.’’


Marijuana advocates say there is adequate regulation in New Mexico,
where officials say there have been no violent medical marijuana
robberies.


Medical cannabis is primarily grown by a small number of regularly
inspected nonprofits in New Mexico, and the state keeps their names and
locations confidential. The law includes extensive requirements
covering security, quality control, staff training and education about
the use of the drug.


Most medical marijuana states have only vague rules for caregivers or
dispensaries participating in a business with products that can fetch
$600 an ounce. Some states, including California and Colorado, can only
guess how many pot dispensaries they have because the businesses don’t
have to register with the state.


``This is ridiculous, in my opinion, to have medical marijuana and no
regulation,’’ Stroup said. ``A jewelry store wouldn’t open without
security, and if it did, a scuzzy person’s going to break in and steal
all their diamonds.’’


Stephen Gutwillig, California director of the pro-pot Drug Policy
Alliance, said that while the robberies are disturbing, there is no way
to conclude that legalized marijuana breeds any more crime than
convenience stores, banks or homes stocked with expensive jewelry and
electronics.


In fact, Denver police said the 25 robberies and burglaries targeting
medical marijuana in the city in the last half of 2009 amounted to a
lower crime rate than what banks or liquor stores there suffered.


``I think what we are seeing is a spate of crime that reflects the
novelty of medical marijuana cultivation and distribution through
unregulated means,’’ Gutwillig said.


Marijuana is still illegal under federal law, but the Obama
administration loosened its guidelines for prosecutions of medical pot
last year. The Justice Department told federal prosecutors that
targeting people who use or provide medical marijuana in strict
compliance with state laws was not a good use of their time.


The decision energized the medical marijuana movement and came as
Washington state and California are trying to get pot legalization
measures on the ballot. Activists are still gathering signatures, and
it’s not yet known if the measures will qualify for the ballot.


Meanwhile, California cities have been trying to rein in the drug in
response to a medical marijuana law that is the nation’s most liberal.


Detective Robert Palacios of the Los Angeles Police Department said he
has investigated a half-dozen dispensary robberies in the last year,
but he has seen the number of such crimes drop in recent weeks after
the City Council moved to close many stores.


In all the cases he’s investigated, armed robbers have stolen
marijuana, cash and other items. They often resell the drug on the
street.


``They are going into a business and using a threat of force,’’
Palacios said. ``Even though they are in an establishment that itself
is questionably legal, it’s our duty to investigate.’’