The plant limit will surely result in shortages, leaving patients without access to their medicine. Even states like New Mexico, where there are 23 dispensaries, have experienced shortages. Patients in Delaware need a viable program.
The medical marijuana law already limits the number of compassion centers to three for the entire state. The Department of Justice has indicated that plant numbers and size of dispensaries will not be triggers for enforcement action and other states have proven that these tax-paying entities can be properly regulated. The cap does nothing but jeopardize patient access.
According to Talking Points Memo, Sen. John McCain made some comments Thursday that some may find surprising:
McCain’s comments could not have been better timed. Next week, the Senate Judiciary Committee will hold a hearing on the Justice Department’s new policy allowing states to move forward with taxing and regulating marijuana. Arizona’s other senator, Jeff Flake, is a member of that committee. Sen. Flake will have the opportunity to question Justice Department officials and help shape the future of federal policy on marijuana.
On Tuesday, MPP director of federal policy Dan Riffle spoke with Fox Business Network about the Department of Justice announcement last week that the federal government will not interfere with the implementation of legal marijuana businesses in Colorado and Washington.
At a press briefing Thursday, the U.S. Department of Justice announced it will allow Colorado and Washington to move forward with implementation of laws establishing state-regulated systems of marijuana production and distribution.
“Today’s announcement is a major and historic step toward ending marijuana prohibition,” said MPP director of federal policy Dan Riffle. “The Department of Justice’s decision to allow implementation of the laws in Colorado and Washington is a clear signal that states are free to determine their own policies with respect to marijuana.
“We applaud the Department of Justice and other federal agencies for its thoughtful approach and sensible decision. It is time for the federal government to start working with state officials to develop enforcement policies that respect state voters, as well as federal interests. The next step is for Congress to act. We need to fix our nation’s broken marijuana laws and not just continue to work around them.”
Dep. Attn. Gen. James Cole
While the memo reiterates that marijuana use and distribution are still in violation of federal law, it lays out the priorities for the Department of Justice in states where marijuana policy differs from federal law:
the distribution of marijuana to minors;
revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;
the diversion of marijuana from states where it is legal under state law in some form to other states;
state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
violence and the use of firearms in the cultivation and distribution of marijuana
drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;
preventing marijuana possession or use on federal property.
After the last memo issued by Cole regarding state medical marijuana law and federal enforcement, states with very clear policies in place to control and regulate marijuana distribution saw little or no interference. This latest memo seems to echo that position in the cases of Washington and Colorado for adult use, so hopefully we can expect the Department of Justice to continue this trend moving forward.
The Associated Press is reporting that Harborside Health Center, which has been called California’s largest non-profit medical marijuana dispensary, is being targeted by federal prosecutors in California. According to Harborside spokesperson Gaynell Rogers, U.S. Attorney Melinda Haag’s office has threatened to seize the property on which Harborside’s two locations operate: one in Oakland and the other in San Jose.
Meanwhile, the ranking Democrat in the House of Representatives and congresswoman for nearby San Francisco, Minority Leader Nancy Pelosi, reaffirmed her support for the medical use of marijuana, telling a round table of bloggers that taking up and discussing federal legislation regarding medical marijuana would be “really important.” While she gave no firm promise to introduce specific legislation, her support for medical marijuana patients puts her at odds with the actions of President Barack Obama’s Justice Department.
President Obama would be wise to listen to his party’s ranking member in the House of Representatives as opposed to career drug warriors like DEA chief Michele Leonhart. While Leader Pelosi recognizes the real and growing evidence of marijuana’s medical efficacy, Agent Leonhart cannot even bring herself to admit that heroin is more harmful than marijuana. And if science isn’t something that the president and his circle are interested in listening to, they should at least listen to the 77% of the American public who support medical access to marijuana.