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Aggressive marijuana busts prompt protests

January 2, 2011

Racheal Tamagni at home with her dogs before the raid

By KAREN VELIE

Medical marijuana advocates plan to protest against what they claim were aggressive and uncalled for raids on local cannabis delivery services at a rally planned for Tuesday, Jan. 11 at 7:30 a.m., in front of the San Luis Obispo County Courthouse.

During the December 27 arrests, one man suffered a heart attack, guns were held to the heads of children as they were dragged from their beds, family pets were kicked, grandparents were handcuffed and forced to lie on the floor and children were removed from their parents’ custody, multiple sources said.

“They busted my door down and cuffed me with a gun to my head,” Steven Gordon said. “I showed them my paperwork and my documentation and asked what I did wrong. They said I sold to a police officer.”

After a two month investigation, the San Luis Obispo County Narcotic Task Force said that the delivery services they investigated were violating California’s Marijuana Compassionate Use Act and Medical Marijuana Program by transporting and selling marijuana “illegally” throughout San Luis Obispo, Santa Barbara and Monterey Counties.  At least six agencies and 50 agents participated in the investigation and arrests of 15 people.

The raids appear to be based on an interpretation of state law – specifically that everyone in a collective must be actively participating in the cultivation of the plants.

“It’s wasteful to spend taxpayer dollars to aggressively raid state law-compliant collectives,” said Kris Hermes, media spokesperson with Americans for Safe Access. “But, it’s a greater tragedy that local officials would resort to taking people’s children away because they don’t agree with the state’s medical marijuana law.”

Charles Tamagni

Rachel Tamagni, 57, of Paso Robles began using medical marijuana to replace medications that caused her severe depression. She started the delivery service after having an attorney help comply to legal requirements.

“I wanted to help others,” Racheal Tamagni said. “We are in the red on this. We only deliver to five people.”

The Tamagnis’ 8-year-old part Chihuahua died shortly after the raid on their home. They believe the three hour search overly excited the fragile dog.

“She was a rescue dog with a heart condition,” Charles Tamagni said.  “We were careful to not excite her, but there was so much tension here that morning.”

The Tamangis were the last two people placed in a van that deputies drove throughout the county picking up those they arrested.

Some arrestees were left in the task force van for more than three hours while officers made arrests, sources said. Those inside, were not allowed to use the restroom and Peter Miller ended up urinating in the van.

Peter Miller

“When he urinated, they were just laughing, they didn’t care,” Steven Gordon said.

Gordon, a Pismo Beach single father of a 10-year-old, said he keeps his medical marijuana in a safe in his garage.

“They took my daughter and drug tested her,” Gordon said. “My daughter is a straight A student at Shell Beach Elementary. They served people with legitimate paperwork.”

Gordon regularly provides medical marijuana to his patients for free. He said he even gave the undercover officer free medicine during his second delivery to her.

An agent using the name Amy Dobson made an appointment with San Luis Obispo based Dr. Atsuko Rees to obtain a medical marijuana card. Some of Rees’ former colleagues accuse her of abusing laws meant to help patients with chronic problems.

About a year ago, some of her former colleagues asked the San Luis Obispo Sheriff’s office to investigate Rees.

Steven Gordon

Rees provided Dobson a list of medical marijuana delivery services during her visit. Dobson provided each of the services a copy of Rees’ medical marijuana recommendation and photo identification.

Following the arrests, a press release from the task force said that agents seized approximately four grams of cocaine, 57 pounds of marijuana, 162 marijuana plants, 146 grams of hash, 718 grams of hash oil, seven firearms and $492,931 in cash.

“Agents arrested 15 individuals who were charged on several counts of Health and Safety Code Section 11351, Possession of Cocaine for Sales, Health and Safety Code Section 11358, Cultivation of Marijuana, Health and Safety Code Section 11359, Possession of Marijuana for Sales, Health and Safety Code Section 11360, Sales of Marijuana and California Penal Code Section 273a(a), Child Endangerment,” the press release says.

The task force failed to mention that the seven firearms seized were discovered in a locked gun safe at the Paso Robles home of Peter Miller, an avid hunter. In addition, the cocaine was seized from only one residence.

The first set of arraignments is scheduled for January 11, at 8 a.m. at the San Luis Obispo County Courthouse.


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Seems to me a County Courthouse protest would be much more effective today, when Parkinson is getting sworn in, than next Tuesday.


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Found an interesting column in Salem, Oregon newspaper. It does pose a great deal of thought provoking insight/questions into what is going on here in SLO County.

http://salem-news.com/tagged/medical_marijuana/0


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Also, many law enforcement officers do not agree with Pat Hedges’ fight against medical pot. I do not think that all 50 officers felt they were doing the right thing.””

^^^^^^^^^^^^^^^^^^^^^^^ Then they should have refused orders,just as the Nazi’s could not hide behind the excuse” I was just following orders” excuse.

Welcome to Gestapo America.


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Thats a possible shadow factor (power behind the power), but I am more concern with the line officer who has a certain sick sense of thrill (the sickness behind the power or badge) they need to be replaced, they should have never been hired, I want them off the payroll, they need to get another job.


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This looks like a good spot for a Rob Bryn comment….


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This whole event is very troubling on many levels. Here’s a short list:

1.)blatant lying and exaggeration of facts by the cops. IE the MJ is worth over 3 million….what a joke. Also, the guns were at one residence in a locked gun safe. There is nothing remotely illegal about that.


2.)People are supposed to be innocent until proven guilty, but these folks were treated like terrorists, their children have been drug tested and taken away from their parents. There is no evidence of child abuse. This action alone should cause any thinking citizen’s blood to run cold.


3.)CA state law clearly states that collectives are allowed in order to help people acquire medical marijuana legally. The CA attorney general at the time, who is now our governor-elect, clearly stated that collectives are legal. Furthermore, collectives are allowed to receive “payment” (this is the word used by the AG in his guidelines) for medicine in the form of work, trade, or money. The collective has a right to be compensated for time, materials and operating costs. That’s the state law, folks. Your local LEO’s know this, but decided to destroy lives in spite of this fact.


Protect and Serve? Are you kidding? Local law enforcement is a travesty. This whole event is nothing more than terrorism by costumed government officials, who ignore the law.


I predict most charges will be dropped.


I pray that some of these folks will fight back and win huge judgments against the county. I pray that somehow Patrick Hedges can be held accountable for his rogue behavior.


As for the people who want to justify this because they suspect that these people didn’t pay their taxes…..is that how you want to be treated if you don’t pay your tax? Do you want a SWAT team to enter your home and treat you like that?


Didn’t our new sheriff have some tax issues?


I do not feel safe in this county…..not with these rogue LEO’s running around like this. Most of those arrested did nothing wrong. Those that did violate some law still did not deserve to be treated in this manner.


I encourage everyone to read the actual laws, and then consider what your local law enforcement has done. Marvel at their disregard for the law and contempt for those they claim to protect and serve.


This issue has very little to do with marijuana. The far more serious issue is that we have LEO’s who hold the people and the law in contempt.


They must be held accountable for their actions. Do not let this issue die. When these people are released and the charges dropped, this whole thing needs to be shouted, broadcasted and the fight needs to be taken back to these criminals, these outlaws…..the sheriff and the police.


They are the ones who are breaking the law. Read the law, folks…..it’s very clear that these people are allowed to form and operate collectives.


Even if their paperwork wasn’t completely in order, the appropriate action should have been a cease and desist order, along with fines. Then, when all the forms are filed and all the taxes paid, they can go back to business.


SWAT raids are way over the top…..criminal behavior. This has to stop.


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You have it exactly right on,,,we ” the people” need to fight back and make the goons accountable,these bastards run amok acting like storm troopers have no place in a so called “free country”


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Dude

Agreed but more suble and clandestant

The existence of these officers in a LE agency is like a bunch of rotten apples in a barrel of good apples, you know what it will continue to evolve to behind the curtains.


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for levity: Superannuated Supreme Antonin Scalia critiques California


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Maybe I missed it because I am as dense as a rock, but what was illegal? I understand the cocaine was, but wasn’t everything elseset up to be legal via the CA laws? The undercover leo had a pot card, did she not? So what was illegal? Why did they make that man pee his pants? Was he going to be a terrible threat to the public if he was allowed to go wee wee? Man, we have big problems, biggerthan we can probably even imagine.


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Welcome to Gestapo America.


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Dave Congalton, There are different groups planning to demand accountability. WE need you to assist us all with some cohesiveness. We know that you support the people and recognize right from wrong doing, and there has been considerable wrong doing, homes were invaded while guns were held to the heads of the innocent, young and old alike. We know you love animals and these police kicked an innocent dog across a room as it was related to me by it’s owner. Please take up this cause or at least broadcast the protest scheduled for the 11th. We need you, don’t let the people down. The majority of California’s voted to protect medical marijuana and some police (law enforcement jokers) have taken their own opinions into their own hands to create the worse “us against them” mentality since the 60’s. Our law enforcement has gone rogue, we need to hold them accountable, we need to organize, we need people to know what has occurred. We need KVEC 920 AM, We need Dave Congalton.


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I will discuss this issue tonight on KVEC 920 AM from 6:05 to 7 and we will do more segments, if needed. Please tune in and call in — make your voices heard.


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Did I read this correctly? One house had cocaine but everyone arrested was charged with possession of Cocaine? Why stop at those arrested? Why not just arrest everyone who lives within a mile radius for living NEAR someone who possessed cocaine? WTF??


What is it with law enforcement and safes in this county? I have a journal tucked under my mattress if you are THAT weirded out about control. No need to arrest me to look at it; just ask politely.


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No, you did not read it correctly. The cocaine was only listed in the summary of materials and arrests, not for each of the arrested.


I hope for the sake of each of those arrested that they are following the law and that they get back to their lives, but if they are not they have to be punished like anyone else. It seems like these folks are playing with fire … let’s hope they dont get burned.


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Nobody read the press release wrong. That isn’t to say that it wasn’t wrote wrong.


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That’s written, not wrote, but thanks for making the point. It was sort of “ironical”.


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I understand what you are saying and why, however my question is: why should doing something that is completely within the guidelines of the head law enforcement officer for the State of California ever be considered playing with fire? Just like I do not have the right to choose the laws that I like to obey, law enforcement officers/agencies do not have the right to choose to violate the ones they don’t like.


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I would say it is playing with fire because the law is new and not well defined or defended. Also the California law is in direct conflict with the federal law so even if you comply, the feds can still bust you instead. There really is no way to correctly comply. I think the LE community is looking to make examples of people and they went for the low hanging fruit. Most businesses who are sophisticated enough to properly interpret these laws dont want anything to do with this kind of business.


I have seen first hand Dr. Rees hand out a pot card like it was candy. The system is definitely being abused and I wouldn’t doubt that some folks are breaking the law while thinking they are not.


I think pot ought to be legalized and it would make this much more simple, unfortunately the majority of my California voting friends disagreed with me and it would still break federal law.


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These punk cops will tell you that you need them or don’t call when your in trouble. You don’t need them you don’t want them, you want professional LE!

Some higher officials will say they need the “special talent” of these punk cops. We don’t, they do and thats BS.

Now how does one get a CS County Supervisor or a Mayor to replace these punks with professional?

Better yet how do “The People” shut down a LE agency and start a new!!!!!!!!!!!!!!!!!!!!!

And thses punks laugh, and laugh, and laugh


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Why doesn’t the agencies that were in charge of this “arrest” have a press conference, complete with all of the evidence laying on the table so they can show all of us cowering citizens how much safer we are now that they have all of this “drug trade” off the streets and the firearms and the cash and the cocaine; oh yeah, that’s right, all of the seven firearms were taken from a locked gun safe from ONE of the individuals, oh yeah, that’s right, none of the pot was “on the street” since this all about home delivery services, oh yeah, that’s right, ALL of that cocaine (4 grams!?) was at only one location, oh yeah, that’s right if they tried to show all of the “loot” they confiscated, they would have to show all of that cash, and just maybe (as was mentioned by Paul Jones) all of that “cash” wasn’t really “cash” but was in reality, in different bank accounts. Somewhere Pat Hedges and his crew probably tipped back quite a few in celebration of their “bust” they think that they pulled on people trying to follow state law. We all know that our own DA will not do anything other than pat out going Sheriff Hedges on the back; perhaps we need to get our State Attorney General to investigate this “bust” to see if law enforcement actually followed the “law”. Hedges, you stink; good riddance to you; don’t let the door hit ya where the Good Lord split ya.


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