The U.S. Attorney’s Office said it will not prosecute misdemeanor drug possession cases filed by U.S. Border Patrol agents.
Federal charges against at least five people have been dropped because they are too small for federal courts.
That includes the case of Stephen Dixon, a 55-year-old Brinnon resident and card-carrying medical marijuana patient who was cited for carrying less than an ounce of marijuana at a roadblock near the Hood Canal Bridge in August.
“They made me feel like I have no rights,” said Dixon, a disabled veteran who lost his leg in a motorcycle accident, and who says he depends upon marijuana to control pain.
“I never thought this could happen here. Not here.”
On Wednesday, Dixon was told that he won’t be prosecuted in federal court.
On Thursday, U.S. Attorney Jeffrey Sullivan issued a written statement:
“It is the position of this office that these types of small possession cases are more appropriate for state or local prosecution.
“It is our longstanding policy to use limited federal resources to pursue the sophisticated criminal organizations who smuggle millions of dollars of drugs, guns and other contraband across our borders.”
At least four other similar cases were dropped for the same reason, said Emily Langlie, U.S. Attorney’s Office spokeswoman.
Sullivan told the Border Patrol not to bring the office any more such cases.
“Today, I informed the Border Patrol that all future small possession cases may be referred to state or local law enforcement, but will not be pursued by the U.S. Attorney’s office due to a lack of federal interest in the prosecution,” he said in the statement.
“We’ve told them we will not prosecute misdemeanor drug charges and will concentrate our resources in other areas,” Langlie said.
“These types of cases are for the state or local authorities.”
Sheriff’s stance
Jefferson County Sheriff Mike Brasfield has repeatedly stated that his office would not respond to such situations, if asked by the Border Patrol.
“We would not respond for misdemeanor crimes,” Brasfield said on Friday.
“Even if it wasn’t medical, and was just marijuana, we probably wouldn’t show up.”
Brasfield said he simply doesn’t have the manpower to start enforcing small crimes discovered at a Border Patrol checkpoint.
“However, we would use judgement on a case-by-case basis,” Brasfield said.
“If they call and say they’ve got someone who has been pulled over with a significant felony crime on the state level, we would certainly respond.
“If they are in danger or get into a wrestling match with someone, we will show up.
“But not for minor, misdmeanor state crimes.”
Border Patrol disappointed
Jason Carroll, spokesman for the Border Patrol, said he was disappointed to hear the U.S. attorney’s response.
“I will do everything I can do to make them prosecute [misdemeanor drug charges],” Carroll said.
“It is a violation of federal law, regardless if they have the manpower to prosecute them.
“We will meet with them and determine what the proper course of action is from here.”
A medical marijuana inititive was approved by state voters in 1998. The law allows the use of a medical marijuana defense in state court if an arrest is made or a citation is issued.
The defense would have been useless in federal court.
Federal law does not recognize marijuana as a medicinal drug, said Carrol.
“It is a federal violation to be in possession of a controlled substance,” Carroll said.
Dixon now says he’s afraid to leave home, even to visit his son off the North Olympic Peninsula.
“I don’t like it, I don’t feel like I have control. It’s wrong what they are doing.”
In 1971, Dixon severely injured his right leg while serving in the military and received a medical discharge. In 1981, he lost his left leg in a motorcycle accident and in 1985 he underwent his first of several back surgeries to correct a spinal injury.
“I’m using medical marijuana to alleviate this pain.”
At the checkpoint on Aug. 22, a trained dog picked up the scent of narcotics.
Dixon willingly presented his marijuana to the officer.
“I was in 100 percent compliance with Washington state law,” Dixon said.
Port Townsend attorney Paul Richmond was handling Dixon’s case before it was dropped.
“The way I see the law, they aren’t supposed to be setting up a checkpoint that is looking for evidence of ordinary criminal wrongdoing,” he said.
Carroll said the detention and citation were legal and routine.
“Checkpoints have been tried and tested in the Supreme Court, and the K9 unit is considered a minimal intrusion,” Carroll said.
“We are only asking about immigration, but when the dog hits on that car, then it becomes probable cause.”
The Border Patrol has said that part of its mission is to stop the transport of narcotics, and that issuing misdemeanor citations for possession of marijuana falls in line with that goal.
Dixon is not the first Jefferson County resident to question the use of Border Patrol roadblocks on the North Olympic Peninsula.
In October, about 400 people attended a forum in Chimacum prompted by concerns about the roadblocks. Demonstrations against the Border Patrol have been held in Port Angeles and Forks.
Border Patrol roadblocks on U.S. Highway 101 north of Forks and on state Highway 104 near the Hood Canal Bridge have netted some 25 detentions — mostly of illegal immigrants — since this summer, according to Border Patrol reports.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsula dailynews.com.
