Call President Obama TODAY

Today is the day to tell President Obama that you’re fed up with his broken promises and his attacks on medical marijuana providers. Please join thousands of Americans in a National Call-In Day taking place from 10:00 am to 5:00 pm ET.

As you no doubt have heard by now, all four U.S. attorneys in California announced on Friday that they plan to aggressively target state-legal medical marijuana providers for violations of federal law. With virtually no justification, the Obama administration is going to deny patients safe access to their medicine and force them back into the criminal market.

This new development is especially disturbing, considering President Obama’s previous position: In 2009, based on an earlier campaign pledge, his Justice Department issued a memo declaring that individuals acting in compliance with state medical marijuana laws would not be prosecuted. Now, the president has gone back on his word.

Please join supporters of medical marijuana everywhere by making a quick call to the White House and telling President Obama how you feel. Finally, pass this along to all your friends so that we can generate as many calls as possible in opposition to this new policy!

October 11, 2011   30 Comments

DOJ Clarification of Medical Marijuana Policy Still Unclear

On Wednesday, without any public announcement, Deputy Attorney General James M. Cole issued a statement reiterating the Obama administration’s promise not to waste federal resources going after medical marijuana patients and their individual caregivers. This is a good start. Unfortunately, the letter goes on to say that it maintains the right to prosecute anyone in the business of cultivating, selling, or distributing marijuana to those patients. According to the letter, compliance with state law is no protection from federal marijuana laws.

When I first heard this, I feared this would be devastating to dispensaries. After sleeping on it, however, I realized the policy is as clear as mud, and it’s hard to know if anything will actually change in practice.

Despite numerous past statements by the president and attorney general that they would not go after businesses that were following state law, the Department of Justice has always had the ability to enforce federal law in medical marijuana states any time they felt like it. The fact that raids subsided in states that had clear regulations in place since the “Ogden Memo” was released in 2009 was a boon for the medical marijuana industry and allowed many patients access to unparalleled products and services. It appears that the scope and scale of some of these businesses has ruffled someone’s feathers.

The new policy (which Cole says is not new at all but simply a restatement of the “Ogden Memo”) doesn’t specify that smaller dispensaries are off-limits, but it specifically mentions the type of huge operations that were planned by Oakland last year as the focus of concern. It does not say where the size cutoff is, which is very disturbing to anyone involved in the industry.

This will certainly have a chilling effect on the types of businesses that open in medical marijuana states (and rest assured, they will continue to open). In this way, it is a huge step back from the Ogden memo.

If the spirit of the Ogden memo was to create a sense of consistency in federal enforcement, to let patients and those who supply their medicine feel safe within their own states, and make states feel confident crafting their own laws to best control medical marijuana, then Cole’s statement is a major reversal.

But is it open season on dispensaries? Probably not.

Just because the DOJ has said that they can and may prosecute anyone involved in medical marijuana distribution, does not mean that they will. If the DOJ is publicly saying that this new statement does not reflect a change in policy, there is no guarantee that they are going to suddenly start prosecuting legitimate businesses in places with clear regulations to determine their compliance with state law – especially in the case of smaller operations. They don’t have the resources for such action now any more than they did in 2009. The general public certainly doesn’t support such actions, and the political ramifications of shutting down thriving, taxpaying businesses in an economic crunch could be disastrous for the administration. It should probably be noted that President Obama’s approval rating is 45%. Support for medical marijuana is 75% nationally.

So what should we do?

We need to take the Obama administration to task. We need to decry the confusion and fear caused by such unclear policy statements. And we must demand that the federal government support safe access to medical marijuana instead of driving patients to the illicit market.

At a time when the entire world is starting to recognize the folly of marijuana prohibition, and the efficacy of marijuana in medicine is being proven more and more often, the administration needs to be moving forward.

This new policy statement is a huge step back, even if it turns out to be merely symbolic.

 

July 7, 2011   25 Comments

Tell Attorney General Eric Holder to Leave Medical Marijuana Up to States

In 2009, Attorney General Eric Holder announced that the Department of Justice would no longer spend scarce resources going after medical marijuana patients or providers. The “Ogden memo” clearly established that federal enforcement actions would not be taken against individuals or groups that act in clear and unambiguous compliance with state laws regarding medical marijuana. For the most part, the DOJ has followed this policy.

Now, after a series of letters to various state officials from U.S. Attorneys throughout the country that has led to confusion about what the Department of Justice will allow in terms of medical marijuana providers and cultivators, Holder will supposedly clarify where the federal government stands on state marijuana laws. This has many reformers worried that the Department of Justice will remove any protections that marijuana providers have had up to this point. This would force many patients back into the criminal market, as well as destroy the well-regulated medical marijuana industry in places like Colorado, Maine, and New Mexico, and prevent other states from enacting sensible dispensary regulation.

MPP has been working with Representatives Barney Frank and Jared Polis to put pressure on the DOJ to reaffirm the “Ogden memo” and let states regulate their medical marijuana programs as they see fit, free from federal interference. Yesterday, they sent this letter to Holder asking the same thing.

We need you to tell him, too.

Please sign this petition asking the Attorney General to respect state regulations of medical marijuana providers.

You can also call the Office of the Attorney General at (202)353-1555.

 

June 21, 2011   6 Comments

Arizona U.S. Attorney indicates dispensaries, state employees would not be at risk

Today, the Arizona Republic covered Gov. Jan Brewer’s outrageous, not-yet-filed lawsuit that calls the state’s voter-enacted medical marijuana law into question. Gov. Brewer alleged a major reason for the suit was fear that state employees could be in jeopardy. This claim was disingenuous given that Arizona U.S. Attorney Dennis Burke’s letter hadn’t mentioned state employees, and Brewer didn’t even bother to ask him if they would be at risk.

Apparently, reporter Mary K. Reinhart was more resourceful than Gov. Brewer. She spoke to U.S. Attorney Burke, who said “We have no intention of targeting or going after people who are implementing or who are in compliance with state law. But at the same time, they can’t be under the impression that they have immunity, amnesty or safe haven.” Burke also said they plan to focus drug enforcement on cartels and major trafficking, and that they have no intention to prosecute state employees.

This sounds like, in practice, the Arizona U.S. Attorney plans to abide by the 2009 Ogden memo that advises against targeting those in clear and unambiguous compliance with state laws, and by prior statements by U.S. Attorney General Eric Holder and President Barack Obama.

In practice, as MPP has reminded lawmakers, the federal government has not been targeting those dispensaries that are state-registered, complying with state law, and operating in states with clear regulations and registration requirements. There have been no raids on dispensaries or licensed producers in New Mexico, Colorado, or Maine.

We hope this marks the beginning of the end of the scare tactics from U.S. Attorneys. We also believe that any alleged violation of state law should be up to state — not federal — law enforcement officials and/or courts to consider.

Join in the campaign to ensure the federal government does not interfere with state medical marijuana laws by asking your representative in Congress to support three bills in Congress that would provide legal protection to those complying with state law.


May 27, 2011   21 Comments

DEA Raids California Collectives, Violating New Federal Policy

After word spread of DEA raids on medical marijuana collectives in San Diego and Mendocino County last week, many are left wondering if federal agents deliberately violated the Obama administration’s instructions to not interfere with state medical marijuana laws.

Under the Department of Justice policy announced in an October memo, federal agents are no longer supposed to target or prosecute medical marijuana patients or providers who operate in “clear and unambiguous compliance with existing state law.”

Yet, according to local accounts, the sites raided last week were legal under state law. From the Press Democrat:

Mendocino County Sheriff Tom Allman confirmed Friday that the [raided] property owner had the proper paperwork and the marijuana was legal in the eyes of the county.

“This was a federal operation and had nothing to do with local law enforcement,” he said. “The federal government made a decision to go ahead and eradicate it.”

Steve Elliott has more in Alternet:

A multi-agency federal task force descended on the property of Joy Greenfield, the first Mendo patient to pay the $1,050 application fee under the ordinance, which allows collectives to grow up to 99 plants provided they comply with certain regulations.

Greenfield had applied in the name of her collective, “Light The Way,” which opened in San Diego earlier this year. Her property had passed a preliminary inspection by the Mendo sheriff’s deputies shortly before the raid, and she had bought the sheriff’s “zip-ties” intended to designate her cannabis plants as legal.

In the days before the raid, Greenfield had seen a helicopter hovering over her property; she inquired with the sheriff, who told her the copter belonged to the DEA and wasn’t under his control.

The agents invaded her property with guns drawn, tore out the collective’s 99 plants and took Greenfield’s computer and cash.

Joy was not at home during the raid, but spoke on the phone to the DEA agent in charge. When she told [him] she was a legal grower under the sheriff’s program, the agent replied, “I don’t care what the sheriff says.”

The DEA has not yet released any statement explaining their actions, which all reports indicate violated their DOJ-issued guidelines.

With the number of state medical marijuana laws at 14 and growing, there is an urgent need for the federal government to ensure that its policy on state medical marijuana laws is made “clear and unambiguous” to its enforcers as well. The DOJ guidelines issued in October should have done just that, but apparently the DEA in California didn’t get the memo.

July 14, 2010   58 Comments