Be Prepared For A Medical Marijuana Raid

RAID PREPAREDNESS

Headquarters 1322 Webster Street, Suite 402, Oakland, CA 94612

National Office 1806 Vernon Street, first floor, Washington DC 20009

888-929-4367

www.AmericansForSafeAccess.org

The Drug Enforcement Administration (DEA) and local law enforcement agencies continue to raid medical cannabis providers, even if their conduct is legal under state law and complies with all city and county regulations. Medical cannabis providers need to prepare themselves, both mentally and operationally, for a raid until federal law is harmonized with state law and state laws are fully implemented. Preparing for a raid does not have to be an exercise in paranoia. In fact, knowing that you are as prepared as you can be may ease anxiety.

This document is a tool for preparing for a law enforcement raid. Not every bullet point applies to every provider. Think of this as a guide to having an internal conversation with partners, managers, and staff — as opposed to a simple checklist.

OPERATIONAL PREPARATION

When providing medical cannabis, there are certain principals and methods of operation that should be considered:

– Organize & protect patient, doctor, and financial data — use encryption software and off-site storage whenever possible (or in accordance with state and local laws)

– Establish and maintain your center in a

legal and professional manner — pay your

taxes, obey zoning laws, comply with

all labor laws, etc. Failure to do so can

complicate your legal situation following

a raid.

– Minimize exposure by keeping inventory

manageable and discussing financial

obligations with any debtors or investors

in advance.

– Label all medical products and related

items “for medical use only”

– Have off-site location to store backup

copies of patient and financial data,

maybe with your lawyer

– Avoid storing any illicit drugs, weapons,

pornography, or unauthorized persons onsite

– Monitor the area around centers for signs

of surveillance; approach people who are

suspicious. Get license plate numbers and

record information about the contact

– Consider having an alternative location to

continue services for qualified patients, churches,

etc

– Be prepared to forward patients to centers

that are still open

LOGISTICAL PREPARATION

In order to prepare for a raid by local or federal law enforcement, consider the

following logistical items:

– Fill out ASA’s Raid Support form and send

it to ASA’s Oakland office

– Set up a collective phone tree of people

to notify such as you lawyer, PR people,

Raid Preparation for Medical Cannabis Dispensing Centers (MCDC)

and other medical cannabis providers

– Have more than one attorney on notice

– If you are arrested, be prepared to stay

in jail while details of your bail are

worked out. It may take a couple of days

to reduce it to a manageable amount

and secure your release.

ACTION PLAN

Since this issue is very political, it is important to consider the following steps to

activate supporters to take action:

– Get ready to mobilize your supporters

fast

– Develop and train patient and collective

spokespeople

– Distribute a fl yer now for patients of

“what to do if a center is raided”

– Attend direct action, legal patient

spokesperson, and legal observation

trainings

– Develop raid scenarios for your

dispensary and train staff to enact them

– Contact city council members to find

support and have them primed to

respond

– Develop quick notification techniques

to let all employees know if a raid is

underway, especially people in remote

areas of a center

– Develop sister alliances with like-minded

organizations, companies, and

individuals

– Encourage public support for medical

cannabis and providers associations

– Learn the magic words “I choose to

remain silent and want to see my

lawyer,” and teach your staff, patients,

roommates, etc.

– Develop a media plan

grassroots coordinators, other phone

trees and important contacts

– Have backup, off-site phone number for

patients and supporters to call (maybe an

800#)

– Set up call forwarding to forward calls

from a raided center to an active member

– Develop several methods of

communication for during a raid (cell and

regular phones)

– Have cameras and/or video cameras

available to document a raid from inside

and on the outside. Use a remote storage

device to prevent the DEA from taking

your tapes

– Prepare email, phone and fax blast lists to

contact supporters immediately: keep the

data in a backup location

– Let other people in your life know what

you are doing and that you may be at

risk.

– Make plans for child, pet, and plant care.

Have a general plan on how to manage

your personal affairs if you are arrested.

LEGAL PREPARATION

In preparing for a raid, there are also legal arrangements to consider that may help mitigate the harm:

– Secure the services of or retain one or

more lawyers

– Plan for bail/bond

– Plan a legal defense fund

– Plan to support people who get arrested

and help get people out

– Plan for being released on your own

recognizance; get attorney-client data

sheets filled for all employees

Say the magic words – “I choose to remain

silent. I want to see my lawyer,” and

do not speak or give information after

invoking these rights.

– Quickly get all the patients inside to

understand that they should only say the

– magic words and stick to them.

– Call the person at the head of your

phone tree to begin the outside

mobilization. Notify Americans for Safe

Access immediately

– Designate a spokesperson to uphold

the magic words and communicate with

officers in case of emergency

– Designate a legal observers and vibes

watchers inside to manage people stuck

inside

– Listen to what the police say to discover

information or clues to additional plans

– Get lawyers inside to help if possible

OUTSIDE THE FACILITY

In the event of a raid by law enforcement, there are considerations for persons outside a facility that is being raided:

– Call all the lawyers

– Make sure Americans for Safe Access is

notified to begin support role using our

toll free hotline: (888) 929-4367

– Call press people and activate media plan

– Call patient spokespeople to come to the

scene

– Further activate phone tree

– Coordinate a vigil to support the raided

center

– Photograph the raid and make photos

immediately available to out-of-town

– Prepare an action list of people in places

of influence to contact in case of a raid

– Develop celebrity and high profile

spokespeople

– Develop non-violence guidelines

– Decide goal of direct action & decide

what the action is

– Designate spokespeople, press liaison,

police liaison, legal observers, vibes

watchers, and outside observers

– Make protest signs and banners and

store offsite

– Be politically active in advance to keep

our issue a priority in the public mind

– Lobby your elected and appointed

officials at the local, state and national

levels

– Get the states and cities that have

medical cannabis laws to front and

support our efforts

– Educate people about jury nullification

and the need to not convict for medical

cannabis

Considerations for Providers During a Raid INSIDE THE FACILITY

In the event of a raid by law enforcement, there are considerations for persons inside a facility that is being raided:

– Execute appropriate response based

on your raid scenarios worked out in

advance

– Calm patients and anyone else involved

in the raid

– Do not consent to a search, even in the

case of a legal search warrant. Do not

resist a search, after stating your lack of

consent, stand aside and maintain your

right to remain silent.

press and supporters

– Contact city council and other key

spokespeople to respond

– Have a human on hand to answer off-site

emergency response phones

– Update message on all voice mail/

answering machines to reflect current

response plans

– Find out what MCDCs and individuals

were targeted and find out who is open

for patients

– Stop patients and people from

accidentally wandering into a raid or

commenting to the police

Considerations for Providers

AFTER A RAID LOGISTICAL

After a raid has occurred, there are certain logistical steps to consider:

– Coordinate an activist/supporter meeting

the next night to plan the ongoing

campaign

– Coordinate long-term plan for public

support and coordination

– Continue implementing media plan

– Make a fl yer to update people on what is

happening

– Distribute a list of people to target for

complaints about a raid

– Activate communications network to get

support

– Contact city council, politicians, and

celebrities to maintain their support

– Utilize patients and citizen spokespeople

– Organize ongoing and/or overnight vigils

– Re-open or refer patients to ongoing

services

– Calm and reassure patients and suppliers

LEGAL

After a raid has occurred, there are certain legal steps to consider:

– Get word out to other providers about

raid specifics so they can be better

prepared

– Get people out of jail and offer jail

support to those inside

– Plan Court support

– Develop long term legal plan and

response to case(s)

– Work on defense fund