Congress urging DOJ to clarify medical marijuana policy
The House committee that oversees the Department of Justice (DOJ) passed an amendment today that adds language to the committee’s report urging the DOJ to clarify its position on state-legal medical marijuana. The provision is a non-binding recommendation, but carries weight given the committee’s role in funding the department.
The need for a clearly articulated policy was highlighted in March when DEA agents raided Emmalyn’s California Cannabis Clinic. The raid, seemingly in conflict with Attorney General Eric Holder’s stated policy on medical marijuana, came just weeks after Holder vowed to end the raids on state-legal collectives. DEA press releases claimed that the raid on Emmalyn’s was not in conflict with Holder’s statements.
Following these events, MPP’s Aaron Houston testified before the House committee charged with overseeing the DOJ. In his testimony, he laid out the need for a clearly articulated policy. Today, the committee adopted portions of the language he recommended.
The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, “There have been conflicting public reports about the Department’s [DOJ] enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Department’s policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities.”
Tagged with: Eric Holder and Medical Marijuana and raids by the author
32 comments
This is a great step for Congress to make DOJ clarify its position, however a different approach should be taken by our President. The President should instruct the DEA to correctly classify marijuana according to the definitions of the Controlled Substances Actof 1970. The President has previously said:
http://www.youtube.com/watch?v=LvUziSfMwAw
“I think the basic concept that using Medical Marijuana in the same way, with the same controls, as other drugs prescribed by doctors… I think that’s entirely appropriate.”
SO MR. PRESIDENT….this doesn’t take an act of Congress to get done. Instruct the DEA to remove marijuana from Schedule I of the Controlled Substances Act and tentively place it in Schedule II until further direction by the HHS Secratary Sebilus. Direct your HHS Secretary to study the issue and to ultimately make the final recommendation as to the appropriate Schedule.
Having Congress even discussing enforcement of State Approved Medical Marijuana Laws is further indication that there are currently “accepted uses for treatment in the United States.”
– 13 States have ACCEPTED the use for treatment
– 4 Us Citizens receive Medical Marijuana each month directly from our Federal Government for treatment of their illnesses
– The Department of HHS holds a US Patent that describes cannabinoids in a manner consistant with medicinal use
If we would enforce the CSA as it is written, this discussion as to current DOJ policy would be moot. The question as to whether medical marijuana would be available would fall back to each individual state to decide.
You said it! I can’t tolerate the traditional treatments for MS and am waiting for the feds to stop with the 1930’s mentality.When will I be free?
Good job to Aaron Houston. I’m sure he did his part.
Now, watch as the DOJ sits on this and does nothing. That’s what I’d expect to see anyways.
this is HUGE…….
RE: andrew rhew #2
I am right there with you brother……just know you are not alone.
DarthNole #1 … MJ should not be schedule 2. It should be taken off the schedule all together. Similar to oranges.
I filed a Freedom of Information Act request on this a couple weeks ago and the DOJ has 20 days to respond before I can take court action on it. I think the certified mail receipt showed they received it somewhere around June 1, 2009, so the clock is ticking.
This is a good step in the right direction. Notice how The DOJ listens when an agency that has their money asks questions. They do not get laughed at like our President did to us. I am cautiously optimistic. I hope they can also ask when the Federal Government will start issuing Veterans their Marijuana at no to low cost!!!
JD…
I also don’t think it should END UP in Schedule II. My point is that there will be a time lapse between removing it from Schedule I and re-schedueling it according to the definitions. It is during that time frame that a rational open debate should be made in relation to where it ultimately belongs. While that discussion is being made marijuana should be at least placed in Schedule II so that doctors have the ability to prescribe/recommend it to their patients.
My position is that marijuana immediately needs to be removed from Schedule I because the definition of the Schedule mandates that it not be included. There is definately some debate as to where it should go after that. My personal opinion is that there is no justification for it to end up in Schedule II but that a reasonable debate can be made for either Schedule III, IV, or V.
It simply has never and cannot kill, that’s why I agree with post 6 JD – oranges-well at least like tobacco. There’s no law against growing your own tobacco, is there? And the leading researcher in the effects of MJ on the Cardio-pulmonary system funded by the National Drug Policy people has said MJ is far less harmful than cigs and even could have some anti-carcinogenic properties. Dr. Tashkin…
http://www.usdoj.gov/dea/pubs/scheduling.html – That’s the DEA Scheduling of Drugs. Study it. Copy and paste it in your address bar if the link doesn’t work. Well worth a small search. Does MJ belong on this list at all, let alone occupy its highest level of uselessness and danger?
PapaRon420:
It’s only there because the Government continues to use the term “smoked marijuana”. They continue to believe that the only way to ingest marijuana is to smoke joints. Why is there no talk about vaporizers? Instead of scaring the US population into thinking this is such a dangerous substance, maybe they should advocate responsible usage which would include not inhaling the burned plant material. Understanding the chemistry would go a long way.
marijuana in its purity is a schedule 1 substance…yet marinol which is a synthetic thc is listed as a schedule 3….wtf? this is such bullshyt….ffs how does any court, congress, or our president even think this is right? come on obama…can ya fix this for us?
The Cannabis based medicine called Sativex which is a whole plant medicine is being developed by GW farmicitucals is a medicine for MS Patients in the UK I think. There may be clinical trials going on in the U.S. but I have lost track of this Potential Medicine. I think it is in a spray form. I love Smoking my medicine, but if a spray can do the same job then I am open to it. If it were taxed and regulated like alcohol and tobacco I think it would be in the form of cigarettes. What do you think?
LOL! As I read these post I always have to laugh! The thing is that no matter what our government schedules cannabis as, no matter whether it is illegal for recreational use,no matter how hard they try to keep it out of the USA or how many they arrest. They CANNOT, let me say again , they CANNOT stop anyone from using it. Everytime someone lights up they are flipping the bird to our ineffective government and laws. Until it is legal, I will keep laughing and fighting. One day I will be able to sit back and relax with some nice smelling cannabis.
Hang on folks, the progress for all of us is fast paced compared to a couple of years ago. Nice slant on the subject Mr. Ben Morris! Today Justices will define tolerence, conditions, etc., where just a few years ago no one even wanted to talk about medicinal MJ or even legislation. They called it suicidal to your political career for those in government to support MJ issues.
To: MPP’s Mr. Aaron Houston, thank you sir!
JD-#6
I dunno…oranges are so much better for you now (and a lot stronger than they used to be, I hear), eating them might lead to apples! And what’s next, kumquats!? Think of the message this sends to the children!!
It is about time. It has become so confusing that the DEA felt confident to make up their own laws and to twist the ones that are written.
Since when did Congress grow a pair?
And since when did Congress attempt to be honest, I’m pleasantly stunned frankly with the harsh tone the measure seemed to strike.
Questioning “Federal Resource” use in the measure by Congress effectively stacked the deck against DOJs answer.
For fuck sake, will a politician stand up for what the majority of the UNITED FUCKIN STATES OF AMERICA wants for what the backward FDA says? CANNABIS is one of the oldest psychoactive plants used in humanity that has a positive effect on the people of Earth. You can go to a corner store and buy a pack of cancer? LITERALLY. Pot has been used much longer than tobacco. I think its illegal because it could be made into oil, AND plastic. THEREFORE replacing what isnt to be replaced ever again and overpricing it. FUCKKKKK WHAT YOU HEARD, GROW WHAT YOU BELIEVE IN. REPLACE weeds with WEED. GARDENS IN SCHOOLS, CITIES, POLICE DEPARTMENTS, CHURCHES.. ANYWHERE! WE THE PEOPLE. It’s the healing of the nation.
The FDA is a joke, like the FCC, like the FAA, like the DEA…all of those acronyms are simply BS! With all the toxic chemicals and drugs that are continually allowed on the market. The lies that we are told through advertising…When do we get back to REALITY in this Nation. We’ve seen freedom in the hands of insatiable greed, …what we need is freedom in the hands of compassionate givers. We need a leaders who can model compassion and give back our god-given freedom. The freedom to do the work of love. Stop telling us how to live our lives.
“If you want labels, we can devide, I’ll still be strong. Bottom line-it’s all art!”
the dea had it’s chance at schedule 2 in ‘88.
i felt, at the time, that anti-prohibitionists were ’settling’ for that paltry concession.
21 years later, and marinol is schedule 3, 13 states allow medicinal cannabis in some form or fashion, and even traditional prohibitionists are recanting (barr, macaffery, etc.).
political platforms for 2010 are being built RIGHT NOW!
i pledge to ONLY vote for anti-prohibitionists!!
if the candidate is truly ignorant of facts, provide them, follow up, and quiz again on views.
if they fly in the face of science, compassion, and the tenth amendement and insist on prohibitive ideas, FIRE THEM with your vote!
hmmm…BTW…
why is it that we all think this is a DEA decision???
STATUTE- (copied directly from Controlled Substances Act)
(a) Rules and regulations of Attorney General; hearing The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule –
(1) add to such a schedule or transfer between such schedulesany drug or other substance if he -
(A) finds that such drug or other substance has a potentialfor abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.
Aaron Houston is carrying the banner to politicians where they work. Keep it up buddy!!!
okie doke. here is more information i got directly from the DEA website.
By the way…
as far as ‘administrator’ goes…
the DEA website show an Acting Administrator, MICHELLE LEONHART.
second in charge on the DEA chain of command page is a “DEPUTY ADMINISTRATOR’. ( as of June 10, 2009 this position seems to be unfilled).
NOW is the time to run this thing up the flag pole a salute it!!
ANYwayzzz…
i re-typed this from the DEA acrobat page. They appointed a judge to rule on the petition, and then completely disregarded the judges’ findings.
i seem to remember a talking point from the Obama campaign trail…
something about letting doctors make medical decisions, and taking ‘peer reviewed science’ into account.
( this is a HUGE document that presented MANY facts, and alot of medical science. this was in 1988… i imagine a petion such as this, today, would be over 100 pages long, instead this document is about 40 pages.)
**************************************
In The Matter Of Docket No. 86-22
MARIJUANA RESCHEDULING PETITION
**************************************
OPINION AND RECOMMENDED RULING, FINDINGS OF FACT, CONCLUSSIONS OF LAW AND DECISION OF Aministrative LAW JUDGE
FRANCIS L. YOUNG. Administrative Law Judge
The administrative law judge recommends that the Administrator conclude that the marijuana plant considered as a whole has a currently accepted medical use in treatment in the United States, that there is no lack of accepted safety for use of it under medical supervision and that it may lawfully be transfered from Schedule I to Schedule II. The judge recommends that the administrator transfer marijuana from Scedule I to Schedule II.
Dated Sep 6 1988
Lot of great comments here! And a lot of great information. And unfortunately some disinformation which unfortunately is the first comment on this page.
DarthNole, I know you have your heart in the right place, but your facts are a bit out of wack.
The president does not have the power to “Instruct the DEA to remove marijuana from Schedule I of the Controlled Substances Act and tentively [tentatively] place it in Schedule II until further direction by the HHS Secratary [Secretary]Sebilus.” He also does not have the power to “Direct your HHS Secretary to study the issue and to ultimately make the final recommendation as to the appropriate Schedule.”
And I really do not know where you get the idea he has those powers?
It appears you did some research , but perhaps in the wrong place…
At any rate, is marijuana misclassified as a schedule I? ABSOLUTELY. But The President of The United States does not have the power to order the DEA to Reclassify, even temporarily, any drug.
It looks to me to be the Attorney General has that authority, according to what in that Document.
6/15/09
Legalize the herb, it strenghtens the nerves, and stabilize the earth.
A true natural essence to earths being, DAVID and SOLOMAN handle the herb fro there great achivements, so are us not going to enact such bill to tolerate the use of herbs for the betterment of a people who are dieing its nature for crying out loud, how can it be that hrmful to those that need it the most.
Ezekiel
What I find realy disusting in this whole debate is the claim by some that some of the medical marijuana laws passed since prop 215 in California are “so wonderul” cut the baloney out. While any medical marijuana law is a vic6tory over total facist Reganite laws the people who spout such nonsense are quite insensitive. I am a high blood pressure patient. All of these supposedly wonderfuk laws have one failing in common: they cut out people like me who do not have the “right” disease. Yet it is true that medical marijuana does lower blood pressure. Why is my ailmwnt never covered. Do I have to wait eons for non-medical legalization to happen before I can get my freedom. I am a new York resident. The way the proposed law is written I may be cut out in my own state. Why don’t the idiots who write these laws realize they are cutting peiople like me out. The only present solution for me is to move to California or the Netherlands. Unfortunately, That, for personal reasons has been impossible for me. I even more dilike those morons who tell me that the solution is to do it all illegally. I don’t want to do that. The tradegy is that if such a bill was passed in New york me3dical cannabis would remain as illegal as if I was completely healthy, which I am not. What am I suposed to do lie? Am I to falsely claim I am a pain patient when my condition does not involve pain? Am I to prehend I am healthy? Lets stop pretending that these post-215 laws are adequate for ALL potential patients. They are not. One other thing: lets stop calling non-medical cannabis recreational marijuana. It is a slurr on cannabis to call it recreational. Call it non-medical cannabis, not “recreational” cannabis. What does all this have to do with the DOJ? What it means is that we have to clarify our position and proposed legislation while asking the DOJ to clarify theirs. It is timeto stop pushing bills that needlessly cut out patients like me and stop pretending that all I want is “recreational” marijuana. I don’t want to be cut out and told by morons that I should find going to an illegal source to be acceptable. I do not find illegality to be acceptable!
7/14/09
Living here in the Virgin Islands, it surely feels akward not having herbs as part of my diet. Its a must have I wan the earth to know this its earth bound. The pollution rate and ecocide provided by these industrial countries yet the federal government fail to put a prohibation on over pollutionalization. Instead they keep the true means of healing people under regulation.
The truth must be told whats good for us they deny, whats intoxication they crave for.
Raise the prohibation error on the herb of the millionum, its the number one healer, cure my asthma for sure as a nutriantionalist, must be in my nutriements, keep at least two ounces by law for my personal, no doubt…..
Yep!
The HERBS again did it, prove the prohibitioners wrong, on the LAW LEVEL it surely gave a two statement answer awareness to all the foreclosure issue faced with in America and help ME get academic credit of a 4.0 in the legal field pf criminal law. Everynight before studies and test open up my conscience and reasoning level to all time high!
MAKE THE CHANGE LEGALIZE THE HERBS!
Ezekiel
Yep!
The HERBS again did it, prove the prohibitioners wrong, on the LAW LEVEL it surely gave ME a two statement answer awareness to all the foreclosure issue faced with in America and help ME get academic credit of a 4.0 GPA at the University of the Virgin Islands St. Croix Campus, in the legal field of criminal justice. Everynight before studies and test it open up my conscience and reasoning level to all time high!
MAKE THE CHANGE LEGALIZE THE HERBS!
Ezekiel
[...] marijuana from President Obama and the new administration. And the guidelines are exactly what MPP’s Aaron Houston asked for in a congressional hearing earlier this [...]
[...] marijuana from President Obama and the new administration. And the guidelines are exactly what MPP’s Aaron Houston asked for in a congressional hearing earlier this [...]
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