Michael Hess

November 8th, 2001

BBSN: A BBSN story on October 28th mentioned "the Resource Center was supported by both the West Hollywood City Council and the Los Angeles Sheriffs Department." Can you tell me if any other officials have stepped forward and has the state attorney general contacted you to let you know of support?

Scott Imler: Our elected officials in this area all either attended or sent statements of support our VIGIL/PROTEST last night. They include: Congressman Henry Waxman, State Assembly members Paul Koretz and Jackie Goldberg, state Senator Sheil Kuehl, Bishop Mary Anne Swenson from the CAL-Pac Regional Conference of the United Methoidst Church, Lyn Nofzinger (former Reagan Press Secretary), Sheriff's Captain Lynda Castro attended and spoke also as did three members of the West Hollywood City Council. I have not heard anything from the State Attorney General.

BBSN: Can you talk about the ruling that the patient records that were seized are to be viewed by the judge only, or can you offer some clarification about what will actually happen with those records while they are under seizure?

Scott Imler: Personal Information in the medical files is certainly a target of the DEA. LA Justice spokesman Mrozeck said they don't consider LACRC files to be "medical files" since we are not a hospital. In similar situations under state law the files would be sealed. They were in the Fry case in Cool , CA but she is a physician. I presume the files are being reviewed by Justice officials. We will probably seek to have them sealed. In the Fry case the Judge accepted the government's argument that the Supreme Court case ruled out ANY medical marijuana use under federal law. In so doing he told the government that since there was no medical use there was no distinction to be derived from reviewing the files. So the government kind of won by losing--at least that round. The files issue in our case cuts both ways. While we are concerned about confidentiality, the files also prove that we weren't doing anything except what we said we were doing. Each member signed an informed consent upon joining which acknowledged the possibility that these events would occur and agreed that their file could be used to verify their qualified status (under state law) and in defense of LACRC operations. But in light of the Fry ruling--their usefulness in defense may be moot.

BBSN: Do you have any reaction to the news that Attorney General Ashcroft has decided to use the Supreme Court ruling he is using against you to also go after Oregon's assisted suicide law? Do you think he may be trying to close a loophole in US drug policy thinking that if you allow drugs to be used for death with dignity, then that undermines enforcing laws against the medical use of marijuana?

Scott Imler: I think Ashcroft is trying to be consistent frankly and remove a glaring contradiction. "It's OK to help people end their suffering with death but not with marijuana." That's a hard position to defend--not that they're disinclined to defend indefensible positions mind you ;-).

BBSN: Going back to "glaring contradictions" in drug policy, how do you feel about the efforts that have been made to re-schedule marijuana and what more would you like to see done? Is your concern only medical use of marijuana or would you like to see recreational use regulated as well?

Scott Imler: My primary concern is about medical access. There are many compelling arguments for reforms in marijuana policy across the board. To the extent that the feds don't allow medical access, the arguments for some kind of general decriminalization have more resonance with patients and their families. It reminds me a little of the nuclear freeze campaign in the early 80's. The nuclear freeze proposal was to the peace movement what the medical marijuana re-scheduling proposal is to the drug policy reform movement--a very narrow single issue approach--with support a mile wide and an inch deep. In the case of the nuclear freeze, the cold war and the arms race disintegrated (at least that's the story) before the nuclear freeze every became a reality. I often wonder if the war on marijuana won't disintegrate long before marijuana is ever available in a pharmacy.

BBSN: The patients there must be besides themselves with this raid happening, their records being held, and that on top of being shocked by the events in NY, the Pentagon, Shanksville, PA and further government advisories to be on "heightened alert". What are they feeling right now?

Scott Imler: We are feeling very torn. We are Americans too and feel the range of emotions that the country does. We were among the first in our neighborhood to hang a flag after 9/11. We did so not out of gung ho patriotism but a shared sense of helplessness at such senseless tradegy. We did so mostly in solidarity with the fireman here in West Hollywood at Engine Station #3. They routinely train new recruits here in our building and have helped us immeasurably with fire safety. When the DEA came we were stunned--and wondering what to do about our flag. Some wanted to take it down. Some leave it up. We compromised and turned it up side down in the tradition of distress and emergency. No one can understand why, in times like these, America is attacking its own--the weakest and most vulnerable at that. It takes a wicked cynicism and heartlessness to do this kind of thing. It doesn't make me hopeful for our country.

When asked by the forum about how the DEA agents seemed during the raid Imler said, "the DEA agents were not abusive or overtly threatening. They were quite polite. They didn't ransack the place and respected my request to leave my partner's office alone. I tried to be helpful as possible to insure that they got what they needed as quickly as possible. The officers were cordial and quiet. Few if any seemed very happy about the whole experience by the time they left."

When pressed further Imler said, "some seemed a little confused by their own restraint during the raid. They obviously aren't used to being nice. They tried not to engage in "political dialogue" with the eight of us in the room. Only one slightly caustic exchange between myself and one young buck of an agent who told me "I'm just doing my job." I told him that "the officers at the Nuremburg trials said the same thing." They remained very careful as they combed through documents and searched my bedroom. Most of them stopped at one point or another to read framed news articles which hang on the walls--most with pictures of me and plants. They were particularly interested in the Baca Goes Green article from the LA Weekly (the County Sheriff). By the end they were all pretty tired I think. Tony Zavacky, the lead agent on the scent (and the chief investigator in Todd and Peter's case presented me with a property list and said "See ya, we'll be back." They all left, with much less verve than they arrived with, probably like most people who load moving vans for a living. I do not believe the 30 + agents were of one mind upon arrival or departure, but a few minds did change along the way from the feel of it."

When asked by the forum "are there certain things you would like to tell us or any government agency that might read this transcript at a later date?" Imler replied, "Yes. I'd like people to know that we tried our best to do a good job, tell the truth and be responsible. Despite the fact that the government didn't reciprocate, we have no regrets about our program and our efforts. We remain grateful that we all found each other in the midst of this storm and we are proud of what we accomplished together as a community. We are extremely appreciative of the support of our local officials and law enforcement. They believe in us when few others did. It made us to believe in ourselves. And that, not even the feds can take away."