A complex relationship has evolved in the state as police have slowly come to terms with the roles of medical marijuana dispensaries in the community.

After decades of anti-marijuana bias, law enforcement is coming to grips with the fact that a growing number of people in this state have a legal right to cultivate and consume cannabis, and even to buy it. That relationship has been tested by the development of dispensary ordinances and a recent rash of criminals preying upon the medical marijuana community.

Limited immunity for MMJ sales

Until 2003, medical marijuana dispensaries operated in the gray area of legal tolerance. This led to the founding of scores of cannabis dispensaries around the state, largely unregulated until the City of Oakland decided to quash its Oaksterdam zone by issuing heavily restricted permits to four disbursed dispensaries.

The end effect was to spread the combination of dispensaries and ordinances around the state. Health and Safety code 11362.7 is the statute passed that year that includes a limited defense against some charges of HS 11359–11360 intent and sales involving medical marijuana to a qualified patient or their caregiver. Now more than 100 dispensaries serve tens of thousands of patients and caregivers.

Meanwhile, police sat outside of some dispensaries and bitterly complained that the patients 'don't look sick enough' to deserve to receive medical relief.

For almost a decade, the dispensaries kept a relatively low profile and clean record in terms of problems. In some cases there were public nuisance complaints, but they were easily cleaned up. Most of the dispensaries acted as good neighbors that fit in with the community. However, when regulatory ordinances were proposed, law enforcement routinely opposed clubs with an unfounded mantra of 'crime magnets.'

Apparently, some social predators got the message, and came looking. After a rash of robberies in the East Bay, police are beginning to take a serious look at how to protect the dispensaries.

Police attitude was the problem

When banks, jewelers, gas stations, or even wig stores get robbed, police come to their aid and denounce the perpetrators. When crooks hit programs that relieve the suffering of the sick and the weak, police voice their outrage and firm resolve to bring the perpetrators to justice.

However, when local medical marijuana outlets began being victimized by thieves and robbers, Sheriff Plummer and Oakland Police proved to be singularly incompetent at protecting patients access or apprehending the crooks.

A string of break-ins and several strong arm robberies largely met bizarre reactions from law enforcement spokespersons. After a June robbery, OPD spokespersons Lt. Amaral told the Oakland Tribune that dispensaries are “drug dens” that 'attract predators.' In a classic example of the 'blame the victim' technique, another spokesperson, Sgt. Kelly told the media that 'clubs attract this kind of activity.' Shortly after Sheriff Plummer declared that 'clubs commonly take in 60 grand a day,' another dispensary was robbed. One dispensary operator took matters into his own hands to shoot and kill a robbery suspect.

'You might almost think that they were advertising for robbers,' another licensed dispensary operator confided to the Oaksterdam News, on condition of anonymity to protect their permit. 'This is a problem we've been noticing with Alameda law enforcement - they call all the clubs 'drug dens' or 'money-making ventures' or 'loaded with hundreds of pounds and tons of money' and then they wonder why anyone tries to rob us. Surprise, surprise.'

Turn of the tide?

Ironically, the crime wave itself seems to be bringing law enforcement and the medical marijuana community closer.

When they have a permit, dispensary operators are more comfortable calling 911 and reporting problems. Instead of going after the cannabis retailers, police find themselves pursuing people who victimize licensed vendors and their clients.

Oakland police are stepping up patrols around dispensaries and keeping an eye out. Sheriff Plummer spoke favorably of issuing permits before the Alameda County Supervisors passed an ordinance.

It is also significant that the CARE dispensary operators, forced to relocate after a school intruded against its 19th Street location, felt comfortable enough to relocate its services onto Broadway by the downtown Oakland police station.

As the years go by, this relationship is bound to become more comfortable as patients and proprietors demand equal protection under the law. 'After all,' concluded another dispensary operator, 'it's these guys job to protect and serve us. Let them do it.'

Getting that type of cooperation will also require that dispensaries do a better job of keeping their clientele in line and avoiding nuisance complaints.