The Marijuana Policy Project and a coalition of advocacy and labor groups staged a demonstration today to protest the federal government’s escalated attack on California’s medical marijuana laws. A rally of medical marijuana patients and supporters took place in front of the Sacramento Federal Building and features state legislators, advocates, labor unions, and dispensary operators impacted by the recent Department of Justice (DOJ) crackdown in California.

Since the beginning of October, U.S. attorneys in California have released statements giving some medical marijuana businesses 45 days to close or risk prosecution. They have also issued threats to landlords, indicating that they will be prosecuted and their property seized if they rent to medical marijuana businesses. In addition, media outlets have been warned that advertising for medical marijuana businesses, a major source of media revenue in California, could lead to federal charges as well.

“The recent announcements by the U.S. attorneys of the intent to target the California medical marijuana industry are a waste of law enforcement resources and a betrayal of campaign promises made by President Obama,” said Rob Kampia, executive director of the Marijuana Policy Project. “Shutting down businesses that provide medical marijuana to patients, and threatening their landlords and media advertisers, will not have any effect on the illicit marijuana market. This crackdown will hurt the California economy, deprive state and local governments of vital revenue, and, most importantly, put patients in danger. Any attack on the ability to safely access medical marijuana is an attack on patients.”

“The Department of Justice and President Obama could easily stop this interference at any time and allow California to deal with medical marijuana in the way that is best for its residents,” said Kampia. “Since the federal government cannot be trusted to respect states’ rights when it comes to medical marijuana, concerned citizens should urge their congressional representatives to support H.R. 1983 – The States’ Medical Marijuana Patient Protection Act – which would remove the threat of federal intrusion in states that permit the medical use of marijuana.”

Sponsored by Rep. Barney Frank (D-MA) and co-sponsored by several prominent lawmakers, this bill would remove the ability of the federal government to enforce provisions of federal law that are contrary to states’ medical marijuana laws. The bill would also pave the way for changing the classification of marijuana in the Controlled Substance Act to Schedule III or lower. For more information on this bill, please visit our Federal Policy page.

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UPDATE: Write President Obama and make your voice heard!

In a press conference today, all four U.S. Attorneys in California announced that the administration will no longer ignore dispensaries and will actively prosecute many commercial operations. The attorneys said they will concentrate on criminal prosecution and asset forfeiture against the landlords of medical marijuana dispensaries or cultivation centers, and threaten action against certain commercial organizations. Multiple businesses throughout the state have been given 45 days to close down. To support the increased efforts to eliminate the medical marijuana industry, they claim that it has been overtaken by criminal organizations and harms communities, yet do not offer justification of these claims at the present time. In the absence of regulated and licensed dispensaries, however, many patients will likely be forced to obtain medical marijuana from street dealers and gangs, which will doubtless create additional law enforcement and public safety problems for California.

Despite campaign promises not to spend limited law enforcement resources interfering with state medical marijuana laws and a 2009 Department of Justice policy directive against targeting individuals acting in compliance with state medical marijuana laws, the U.S. Attorneys signaled that they now intend to prosecute individuals who provide that medicine to patients under safe, regulated conditions.

“How can the Obama administration say that it’s fine for sick people to use this proven medicine, and yet tell them they can’t have any legal place to get it?” asked Rob Kampia, executive director of the Marijuana Policy Project. “Medical marijuana isn’t going away. Over 70 percent of Americans support making medical marijuana legal, and 16 states allow it.”

“The end result of the federal government’s policy is to ensure that medical marijuana is sold illegally in most parts of the country, as well as to create needless suffering for patients who can’t find a place to buy medical marijuana.”

Since 2009, eight states have enacted or implemented laws that set high standards and strict regulations on medical marijuana dispensing, moving away from previous “gray market” models that lacked licensing or regulations. During the previous administration, targeting providers in California did not prevent marijuana profiteers from operating. Instead, a federal policy of interference with state medical marijuana laws pushes states towards programs with confusing legal gray areas and little to no control over the operation of providers.

We will be continuing to post updates on this issue and the response from the medical marijuana industry and patients.

For a full text of the Department of Justice press release, go here.

UPDATE: Write President Obama and make your voice heard!

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In medical marijuana states, it is pretty common to hear sensational news reports about crime associated with dispensaries. Stories of violent robberies, late-night burglaries, diversion and illegal sales, weapons, and even murder get a lot of attention from the media. They get even more attention from law enforcement, who see such stories as yet another way to convince people that medical marijuana is dangerous and scary and should be revoked.

Law enforcement is so desperate to prove this connection between dispensaries and crime that they searched all over the country for data that would support their hypothesis.

Lo and behold, it turns out the exact opposite is true.

Today, the non-partisan Rand Corporation released a study on crime near dispensaries conducted in Los Angeles before and after a recent ordinance forced the closure of nearly 400 locations. According to the report, crime increased by as much as 54% in the areas surrounding dispensaries that were forced to close within ten days of the ordinance going into effect. Neighborhoods near dispensaries that stayed open showed no increase in crime during that period.

We at MPP have been saying for some time that by closing dispensaries in medical marijuana states (or localities, even), authorities are driving patients into the illicit market. While I would hesitate to call such an act a crime, as opposed to a necessity, this study apparently shows that other sorts of crime are affected by the presence of dispensaries. Some contributing factors include the large volume of people there throughout the day, the security measures put in place to protect patients and employees, and the fact that the police actually depend on dispensary video surveillance to prevent and solve crimes!

Authorities should take note of this information, particularly in places like Michigan and Montana, where the medical marijuana industries have been all but shut down recently by overzealous public officials and community groups. Most of these groups depended on overblown concerns about community safety for their efforts to be successful. It’s time for a little education.

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It’s now been almost 13 years since nearly 70% of D.C. voters approved an initiative enacting a medical marijuana law in the nation’s capital, though you’d be forgiven if you hadn’t noticed. An obscure budget provision known as the “Barr Amendment” stalled implementation for years, and when it was finally removed (after MPP hired Congressman Barr to help defeat his own amendment) in late 2009, the D.C. Council went to work passing an amendment to the law making the proposed program much more restrictive. Since then, the glacial pace of implementation has kept medicine from patients for another year.

But finally, there’s progress. Today, the D.C. Department of Health is making applications available for prospective cultivation center operators. You can read the official notice in today’s DC Register. Only those who submitted the required letter of intent back in June will be able to apply. There were over 100 letters submitted by groups interested in operating cultivation centers, including Benjamin Bronfman, the fiancé of rapper M.I.A. of Paper Planes fame.

Today’s notice applies only to cultivation centers, not dispensaries, so advocates will have to wait a little longer for those. There’s also no word on when patients will be able to apply to the program. Still, it’s progress.

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Vermont Governor Pete Shumlin – who MPP helped elect – just signed a bill to make Vermont state law the eighth to explicitly authorize and regulate dispensaries where registered patients can purchase medical marijuana. Today’s signing marks the culmination of a two-year lobbying effort led by MPP and the third bill signing we’ve been a part of just this month. Many thanks to Governor Shumlin and the bill’s sponsors, Senators Jeanette White, Hinda Miller, and Dick Sears for their leadership, and the dedicated patient advocates throughout the state who made the case for adding dispensaries to Vermont’s medical marijuana law.

MPP’s lobbyists and several of the state’s most committed patient advocates watch as Vermont Governor Pete Shumlin signs S. 17

Today’s signing bucks a trend of sorts. Governors in Rhode Island, Arizona, and Washington have all put the brakes on bills or laws to allow dispensaries, after receiving threatening letters from U.S. Attorneys in their states. Shumlin and legislative leaders received a similar letter on May 4, the day before the House of Representative was slated to vote on the dispensary bill. We were able to address concerns in the House and the administration, and the next day the House passed the measure 99-44 – with a copy of the letter on the desk of each representative.

One reason we were able to convince elected officials to move forward is that, despite the letters, there has still never been a raid on any dispensaries in states that explicity recognize and regulate dispensaries and that are in compliance with those laws. On the other hand, it’s unfortunate, but not uncommon, to see raids of dispensaries in places with more ambiguous laws that don’t specifically address dispensaries. In other words, in practice, it seems U.S. Attorneys are abiding by a narrow interpretation of the policy announced in the 2009 “Ogden memo,” in which these attorneys were instructed not to take action against anyone in “clear and unambiguous compliance” with state law.

Ironically, that means the best way to avoid any federal enforcement action is to do exactly the opposite of what Washington, Arizona, and Rhode Island’s governors are doing, and instead embrace state laws that explicitly authorize and regulate dispensaries, like Gov. Shumlin and Delaware Gov. Jack Markell. Let’s hope today’s signing marks the end of this troubling trend.

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