Since Feds Won’t Change Policy, We Must Change Federal Law
The last two weeks have been full of announcements from the federal government about marijuana policy. None of them has been positive, and none of them should be surprising.
First, the Department of Justice stated that it retained the ability to prosecute anyone who cultivates, processes, or distributes medical marijuana, regardless of state law. As noted earlier on this blog, this is not really a change in policy, but it is certainly disappointing to see the Department of Justice is unwilling to publicly recognize the legitimacy of state medical marijuana laws and would rather have patients purchasing their medicine from dangerous, illicit dealers.
Then, in a move that shouldn’t have surprised anyone, the Drug Enforcement Administration, the agency tasked with determining the legal status of drugs according to the Controlled Substances Act, decided to keep marijuana as a Schedule I substance. This classification means that the DEA will continue to assert that marijuana has no accepted medical use and should continue to be a high enforcement priority. Never mind the growing mountain of peer-reviewed studies that show the medical efficacy and relative safety of marijuana. The DEA will only pay attention to government studies, which are not approved unless the goal is to find negative effects, not medical benefits. We should not expect them to reschedule marijuana in the foreseeable future, especially since marijuana enforcement is an easy source of cash and prestige. Americans for Safe Access is currently appealing the decision in federal court, however, and hopefully they will gain some traction on this point and force the DEA to recognize the evidence in support of medical marijuana.
All this was followed by the release of the National Drug Control Strategy, which basically states that the Obama administration will continue to use scarce resources to combat the use of marijuana through criminal justice means, as well as a slightly increased program of harm reduction (which the President has said was going to be his primary focus). The strategy admits that marijuana use is at its highest in the last eight years, yet wants to continue the same strategy it has been utilizing during that same period!
The new strategy also mentions medical marijuana and, while admitting that there may be some medical uses for individual components of marijuana, continues to say that it should pass through the FDA approval process. This would be nice, if we could get all the federal agencies whose stamps of approval are needed to actually allow such research. So far the efforts of those trying to go through the official research and approval process have been blocked. In addition, the new strategy claims that medical marijuana “sends the wrong message to children” and increases the likelihood of adolescents using marijuana. This point ignores the fact that in most medical marijuana states, teen use has actually decreased since passing medical marijuana laws. Data supporting this can be found in the Marijuana Policy Project’s Teen Use Report.
So what does all this mean?
It means that all we can expect from the federal government is support of the status quo. We might get some minor concessions here and there, and the fact that the Ogden Memo has been (mostly) followed by the DOJ should not be overlooked. However, we should not look to the federal government to change policy in any drastic way simply of its own free will. They must be legally compelled to do so.
This is why we don’t need statements of policy, nice as they may be. We need different laws. We need something much more binding than policy statements, which can be distorted and rescinded at any moment without legal backing. It is imperative that we convince our legislators to support bills that will weaken the federal government’s control over marijuana policy and enforcement.
Please contact your representative in Congress, and tell them to support H.R. 2306. This bill would remove the federal government’s ability to interfere with state marijuana laws and policies. Legal change is what we really need if we want to see positive change in federal behavior.
Tagged with: DEA and Department of Justice and Drug Enforcement Administration and enforcement and FDA and Holder and HR 2306 and Obama and Ogden Memo and providers and Teen Use Report by the author
35 comments
The link at the bottom of the blog post is broken.
National Drug Control Strategy brought in more hatred toward the final offense against the citizens of the United States over cannabis or whatever name they use.
Are they that confident to take over the federal government?
Save the United States, Bring on the HR 2306.
I’ve watched this crazy game for a long time and conclude one thing very simple – Just follow the money! As long as some people have it they can pretty much buy whatever they want including prohibition. And don’t forget that their battle is against all hemp (such idiocy) not just MMJ.
I’m just wondering why this bill H.R. 2306 was introduced after Republicans took control of Congress. Excellent timing.
YES ! Follow the money. Follow the funding for DEA and Border Patrol. Follow the confiscated marijuana being taken home or sold; NOT DESTROYED. If DEA and BP were burning all they weed they claim to have confiscated the border skies would show it every day. Follow every request for overtime pay for sitting in somebody’s house getting high or drunk and reporting it as “investigation” or “developing contacts.” They will never win because they have tried to win with lies, we hate them for that, and hate will change federal law and throw these losers out of their cushy jobs and into REAL law enforcement.
I think the solution is to pass “lowest priority” directives in big cities and liberal suburbs and quirky small towns.
The federal level is so humongous and slow-moving that it’s a waste of resources for reformers to spend their energies on that behemoth.
The official site for contacting Congress and Senators:
http://www.usa.gov/Contact/Elected.shtml
Judiciary committee chair Lamar Smith / Texas has said he won’t let the bill come up for debate; check out his Campaign Finances at http://www.opensecrets.org/politicians/contrib.php?type=C&cid=N00001811&newMem=N&cycle=2010
Note the $20,000 from the National Beer Wholesalers Association (and see more about their contributions at http://www.opensecrets.org/orgs/totals.php?cycle=2010&id=D000000101
Note also: $2,000 funding from Corrections Corporation, a gigantic, for-profit prison corporation http://www.opensecrets.org/pacs/pacgot.php?cmte=C00366468&cycle=2010
The alcohol industry and the for-profit prison industry; is this why Mr. Smith doesn’t want a discussion about marijuana?
Here’s another link to Lamar Smith’s campaign supporters, Corrections Corporation:
http://herndon1.sdrdc.com/cgi-bin/com_supopp/C00366468/
Scroll down about 3/4 of the way to find Smith, Lamar…Texans for Lamar Smith. More than $10,000 over the years.
Many everyday people have too much to lose from being associated with MJ reform or legislation. I can’t tell you the pain I’ve felt just recently from getting messages from my own Brother that states he can’t afford to be associated with me in any way because he’s, “Regulated,” very closely by officials who could put him out of business simply for his personal views on Medical Marijuana. More people are in this situation than you realize, even in my own church I’ve got close friends who are worried that I’ll be viewed as, “Crazy,” with my recent local newspaper stories on MJ. My next book should be, “They Called Me Crazy,” just for having compassion on sick and dyeing who wanted Hemp Oil for their cure. Look closely, people refrain from saying they’re pressured this way but it’s all around you with everyone. STAND FOR TRUTH OR DIE WITHOUT HONOR MY DEAR FRIENDS!
The status quo keeps me muy, muy rich and powerful. Gracias to the DEA, Justice Department and the White House. And a special gracias to all in congress who will not allow HR 2306 to even come to the floor for discussion.
Just curious what mpps rebuttal is on the stance that marijuana cannot be controlled by the FDA. How do you think Mpp will help change the food & drug administrations policy on marijuana?
The FDA has already approved a study by Rick Doblin of MAPS to determine the efficacy of marijuana in treating PTSD. The problem is that the DEA and NIDA must approve the study, and they do not usually approve studies that are not looking for the negative effects of marijuana.
Again the government is showing the height of hypocrisy by keeping cannabis scheduled as “addictive”, when the Federal government has been supplying a select group of people with about 200 marijuana cigarettes every month. It has been sending them cannabis for the last 30-40 years and therefore has had plenty of time to study the effects of cannabis in the long term, as well as its medical benefits. These people started receiving cannabis in a Federal study, and when the laws changed they sued for the right to keep receiving their cannabis-in effect they were “grandfathered” in. This is something not many people know but was told about in a documentary, and I was shocked, especially considering the constant BS propaganda we are fed about cannabis. It’s all about money for the Feds, for the cash and property they seize in the busts, as well as the pharmaceutical companies who would lose money if more patients turned to cannabis instead of prescription drugs. It’s ridiculous.
Unmitigated propaganda yet again on the part of the Feds.
Our country is broke and so is many other countries because of the U.S.A. Our policies spread way beyond our borders. With these failed laws supporting prohibition we will continue on this enevitable path of destruction. Soon all of us blue collar workers won’t have a pot to piss in. Many of us are dependent on the goverment for support already. We are crammed like sardines into the Twentieth Century Slave Camps (Privatized Prison Sytems). I believe this is all part of their plan to keep us in their pocket. Working for our false freedoms. Foreclosing on our homes and properties for their personal assets. Taking from you to resell and profit probably six plus more times. Because hell, if you can profit that many times off of one property make it a dozen! Back on subject, but it all ties together. There has to be a way to Lobby in such a way that it wouldn’t be a payoff. Such as the oil and gas industry, pharmaceutical, textile industries, etc. Because anyone that knows about Cannabis should know that it falls within all of those categories. Any ideas on how to lobby the government like at of those industries do?
I am the very last owner of the Great Seal of America, and I say marijuana and industrial hemp are a plant of LIFE. It will raise trillions in taxes and create billions of jobs. Rock on HR2306
Great points Mike, and just to save face the government will keep us this way as long as they possibly can. They love to eat the cookies, then deny it with crumbs all over their hands and face. This is not the America our founders imagined, I guarantee it.
Please wake up everyone. This is our country and not the governments. About time we took it back.
they should just tax weed…more money will help…taxing weed is a great idea because its really not that big no more…everyone should protest..make it green like money
HR2306..congress should take this serious because where in some serious problems…this should be taking real and should be in fact a great way to make money
Shame on you, Mr. President! I voted for you in hopped that you would help bring the government in line with the constitution. Instead, you wiped your ass with it. You are more concerned with maintaining the status quo than serving the American people. You are more concerned with winning re-election than you are with doing what you can with the term you have already won. I feel decieved and slighted that you campainged on a platform of change but ended up being an articulate, democrat version of George W. And shame on Congress, the Supreme court and most of all, pharma lobbyists, who outnumber congressmen 3 to 1, for participatig in the genocide, fiancial ruin and erosion of liberties of the American people. There is a change in the atmosphere, and it feels very much like revolution. You have been weighed, you have been measured, and you have been found lacking. Change is coming, but this time it will be the people, not some political charlatan, who will be leading the chant of “yes we can!”
The war on pot is ILLEGITIMATE. Founded ona LIE that nobody would would take seriously if it were presented today as fact.
“We the federal government have decided that coffee makes black men want to rape your white daughters, therefore coffee is now illegal”.
Our window of opportunity here is to have someone bring it up for sustained discussion at the debt ceiling talks with Obama at Camp David. Who is that? Someone has to have their back to keep the dialogue moving toward legalization. They need to save money more now than ever before. If there’s any a better pork program or pet program that someone wants to keep, it’s quid pro quo. If the tea party part of the Republican Party are for legalization, then they should get their representative(s)to bring it up to let the states decide and calculate in the federal savings. While I doubt that the Anita Bryant of the North probably would support it–would be surprised if she did–but someone like Rand Paul ought to be. Bachmann seems to be so popular with her base that it begs the questions: How much will her being for it hurt her? Will it make her even more appealing? If someone advises her beforehand to test the waters on letting the states decide whether she’s for it or against it in her personal life, she might be able to go for it the one-issue voters on the so-called left who can be swayed to her camp, stealing them away from the Democratic Party. Whether she gets their votes or not, whatever she says on cannabis can get it into the news cycle and hopefully improve the chances of it getting brought up at Camp David. If reporters ask her the question merely, you might be able to get the issue into the news cycle. Someone flamboyant from Howard Stern or less so from a comedy news-oriented show if you must. Even if they poo-poo it, it could still get brought up from that angle at Camp David. In the news cycle, it will become a meme for a certain percentage of people who hear it. Public employees or seniors might for the first time consider it if it will save their job, pension funds, and social security checks.
Can the issue be used to help make sure seniors get their checks?
Some might say it all by itself isn’t much but then closing just the loophole for the jets wasn’t enough to cover the whole amount either.
It’s how you spin it and orchestrate it.
The other thing one can go for as a back-up plan on moving cannabis a nudge farther along the continuum between complete death penalty prohibition and legalization is to have the Administration essentially de-fund the DOJ, DEA and other federal law enforcement organizations so much that that can’t enforce the federal prohibition. If they are hamstrung that way, then Obama and Holder don’t have to make a policy change. Although on paper they’d be sticking with the federal prohibition on paper, it would be a paper tiger. States would realize that eventually, and take off the hold in states where the dispensary and distribution end of things is on hold in MMJ states. States like New Jersey and Delaware and Rhode Island wouldn’t have to be afraid of the big bad wolf actually showing up at all. No money, lowest de facto priority. More states jumping on the MMJ band wagon after that nudges things along even closer toward legalization as more and more states realize both that the Feds will not act and also realize the revenues.
We will get there.
The governors of all the states are getting together this weekend, too. Perfect opportunity for them to phone and influence the negotiations about the debt ceiling to legalize, or at least neutralize the Feds by wanting cannabis left up to the states. Governor Gregroire was on MSNBC today talking about the governors’ conference. The Feds are gonna cut what the states get for Medicare, and the states are supposed to drum up the revenue to pick up the difference out of nowhere. Time to keep it real and legalize. Jobs, jobs, jobs.
“… most of all, pharma lobbyists, who outnumber congressmen 3 to 1″– @prophet
If someone has time, it would be interesting to find out how much lobbyist time and salary money is involved in all three of the Trifecta:
Alcohol– binge drinking helps entrap youngsters into nicotine addiction
Tobacco– after a few decades of hot burning overdose sanitary machine-rolled cigarettes, a victim is ready to pay for another $100,000 or so of medical treatment in their last decade
So, based on the schedule above, Big pHARMa inherits a ton of bizness from the two other partners!
If cannabis were legalized, and one-hitters and vaporizers were de facto legalized everywhere along with it, this could kill off the 700-mg. hot burning cigarette format which is the basis of the tobacco industry profit margin, and the sharp drop in cigarette smoking pathology would in turn doom the present Lipitor sales boom, etc.
Those who want to find a quick way to bypass state and federal status quo should campaign for a Responsible Use Program built on the idea of measure, proportion and dosage reduction being built into the (vaporizing) utensil itself rather than enforced by cops, parents, Rupert Murdoch or whoever. Just eliminating the WASTE (not to mention morbidity, that’s another subject) of “joint” smoking through mass marketing of vaporizers, one-hitters and cannabinoid e-cigs (haven’t heard much about the one available at limited California dispensaries since June 2010) will produce a statistical reduction in “cannabis use” which makes the politicians look good and gets them off our case forever.
Please go to wikiHow.com: “How to Make Smoke Pipes from Everyday Objects”, sign in with a username, edit, upgrade, improve, pictorialize the article any way you can, and also actually make some socket wrench one-hitters etc. and earn some honest money solving Public Health Problem #1 in the History of the Planet: 6,000,000 Deaths Yearly from Hot Burning Overdose $igarettes.
Start lobbying congress member by member for the future but for now the grassroots should focus on the state level we need groups like MPP to lobby individual members of congress though to support measures like this. It won’t pass now but we need the ground so when a state does finally pass a legalization measure they can have some cover to put forward federal legislation. Reps. Conyer and McDermott are two postive notes even if both are still skeptical they at least see the injustice of prohibtion as a worse alternative to the legalization of marijuana.
http://www.marketwatch.com/story/cannabis-science-announces-critical-cancer-patient-dr-lynnice-wedewer-phd-cured-seven-times-by-medical-cannabis-2011-06-29?reflink=MW_news_stmp
Obama is our enemy, he is worse than Bush . Bush was just an idiot spinning in a circle. Obama is a thinker and he plans on crushing cannabis culture. Do not vote for Obama unless you want more pain and suffering.
Lamar Smith is like Bush, he lives for lobby money. Lamar Smith will die before he gives us freedom. He is a total waste of tax dollars.
From The Atlantic: How Marijuana Could Split the Tea Party
By Chris Good Aug 4 2010
Is there a listing of the tea partyers who would vote in favor of at most legalization and at least cutting the funding for cannabis enforcement? Does this article still reflect the current political situation in the form of votes? Specifically, will they vote pro-cannabis, even if there are some tax increases?
http://www.theatlantic.com/politics/archive/2010/08/how-marijuana-could-split-the-tea-party/60921/
The Beat Goes On
by
Sonny & Cher
http://blogs.westword.com/latestword/2011/07/medical_marijuana_legalized_half_states_2014.php
it appears to me that our Goverment means to heap the cannabis industry in with the Mexican Cartels, terriorist, and everything else, ‘as the DEA puts it’ IN OUR COUNTRIES BEST INTEREST. the feds can and has declared war on us. am i paranoid? well that maybe better answered depending on the outcome of our demands on federal rescheduling of cannabis laws, marijuana banking law, federal repeal of cannabis law, states rights and cannabis law. these changes won’t
come about unless the federal goverment has a complete change of heart and mind on the matter of marijuana. now ask yourself this question folks and i hope i’m wrong i really, really do but with all the latest released reports about states with marijuana laws repealing or changing their laws in fear of goverment intervention. shfits in cannabis policy by this administration and possible federal legislation in favor of the marijuana law?, does it sound and act like uncle sam is ready for this kind of change? what we’re seeing folks is uncle sam rolling up his sleeves getting for a fight. this isn’t paranoia, it’s my analysis, ‘as my high school political science teacher would ask me’ after reading the material, did i separate it into it’s constituent parts for my analysis.’ and this is my interpretation of the facts presented to me. don’t look now folks but the feds are comming.
OH another thing about financial contributions made to politicians like in the case of sen. lamar smith an his contributors making donations of $10-$20,000 a pop. that figure is kinda small isn’t because corporation large and small make multiple campaign contributions to our politicians, now find the end of year totals and yea it’s a boat-load of money bucko. the little guy doesn’t stand a chance these days not a chance in hell of surving under a political system like ours and unless we the people change it for our own posterity, we are in trouble folks. it’s not about whats best for the american people anymore. it’s all about our elected officials and whats best for them and those in their peer-groups at their job, neighbors, family, their friends and those that can exist in this country no matter what congress does.
everyone else consider yourself behind the eightball in america. under the new and improved political agenda, it’s everyman for himself. no matter where we are presently, seek higher ground because the shit is about to hit the fan and if you find yourself on the wrongside of this thing, remember god loves you. not trying to be funny here, just stating a fact.
that will be important for those folks like me who may find his ass smack in the middle of a protest in support of our rights, i’m about whats right or being on the rightside of an issue. what side is that you ask? which ever side is effected most by bad laws.
thanks to Obama, the scales of justice fail from my eyes to learn that Jim Crow is alive and well and has taken on new form in a new and improve method of political injustice. look at the number of arrest made for pot posession 43K this year in NY alone. politically pot makes for good fader. just another tool congress can use to rule the masses. silly you say, stop for a moment and think about it. we have to abolish bad laws now folks don’t be fooled, just look around you for a moment remember good folk that you know or know of. their lives and the potential lives like theirs, ruined by bad laws. for example smoking pot, who do you know of FATHERS, MOTHERS, SONS DAUGHTERS, BEST FRIENDS, KIDS, GRANDKIDS, NEIGHBOR, DOCTORS, LAWYERS, NEWS REPORTERS, SCHOLARS, SINGERs, ACTORS. Laws that separate us as a nation have need of being abolished for our nations sake. Today before we as a nation can even think of moving in a better direction. Americans should be Looked upon more favorably than our present laws render now. as an american we all live in pursuit of justice and happiness in our hoods. the issue of weed or marijuana this plant has divided our nation since 1937.
i will no longer be divided from my fellow americans over a dam plant folks. we we were separated from over 800,000 american citizens just last year alone. over blsht laws that can be changed by you and me in short order but you gotta let em know it. every chance we get. we need to do our homework america. study some of the old draconian laws in your state that affect clear advantage over the weak and the least represented. open your ears when your spiritual eyes are awaken to whats happenning in your village, town or hood. whenever the least of us are indispair, lend an ear, be a voice of resason, dare to share your views with elected officials. do whatever you do from where you are for change folks. if not, it’s just a matter of time their yolk may find it’s way to our throats. bad laws need changing anyway right, it should be a form progression for our times one would think.
The Federal Government’s position on Medical Marijuana only furthers the continued erosion of their legitimacy. It is arrogant and short sighted of government officials to assume that the masses will never rise up against such austerity. The longer they oppress the under class (the primary beneficiaries of cannabis) the more they risk revolt.
If you want help, use the government policies, laws, etc against them. For example, how many people have heard of “Hemp for Victory”! Documentaries paid for by Federal government Department of Agriculture (as well as subsidies and incentives for farmers) that can’t be denied. Yet, Hemp was outlawed by the Marihuana Tax Act, requiring a “stamp” to now grow. Where are the stamps that were issued before? Can these farmers (or families) not sue to be “grandfathered” as a legitimate producer?
Next, can people not challenge the “tax act” based on Constitutional issues? Where does the Constitution allow the Federal Government to regulate crops (especially one’s it once endorsed)? Can they legally withhold issuing a stamp? The purpose of a “tax stamp” is to generate revenue for the government. Yet, if no stamps are issued, how is the government making any money?
There are other loopholes or possible legal theories, but what is needed is a structured organization, a lobby group, and centralized and consistent information network that combats the propaganda issued by the Fed govt (From Henry Anslinger, through Nixon, Reagan, both Bush administrations, etc). Hell, start funding lawyers to take on the government.
Back when HR2306 was in the hands of TX Lamar, I called his offices. I heard why he would not allow it on the floor: “a waste of the taxpayers time” is what an aide told me! Preventing such a wide-sweeping PRO-taxpayer bill was “a waste” of HIS time, perhaps but not our’s. He’s funded by private prisons, big oil and big pharm, AND the alcohol industry … so OF COURSE he will not allow it to the Floor.
Instead of pooling all our efforts into changing laws, why can’t we change governments?
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