In the latest move of the Obama Administration’s incomprehensible attack on medical marijuana, U.S. attorneys announced today that they will begin to prosecute media outlets that publish advertisements for medical marijuana! It seems that when it comes to medical marijuana users, or the states in which they live for that matter, the Bill of Rights means practically nothing.

First, there was the memo released by the ATF this month warning firearms dealers that it was against the law to sell guns or ammunition to medical marijuana patients, effectively eliminating the Second Amendment rights of hundreds of thousands of patients in states where medical marijuana is legal. Then on Friday, when the U.S. attorneys from California unveiled their intent to shut down the medical marijuana industry and drive patients into the hands of gangs and other illicit dealers, they said that one of their core tactics was to intimidate landlords and property owners who rent to dispensaries by threatening them with seizure of their assets. While this may not be a direct violation of the law (unfortunately), it certainly treads on the spirit of the Fourth Amendment’s protections of life, liberty, and property. Now, those same attorneys are stomping on the First Amendment as well.

The actions of the Department of Justice are simply baffling.

In its vain and misguided attempt to stymie medical marijuana and stop the reform movement from making any further policy gains, the DOJ is basically trying to shut down two industries that make money, employ many people throughout California, and earn tax revenue for a state in a disastrous economic situation. Neither of these moves makes any sense. Shutting down the medical marijuana industry is not going to stop marijuana production. Denying them the ability to advertise by prosecuting those who publish the ads will not stop marijuana distributors from making a profit. It will, however, be disastrous for the publishing industry. Both the medical marijuana and publishing industries provide much-needed jobs and revenue to California. These methods are quite simply poor tools to accomplish an illegitimate goal. The fact that the media, which has the ability to sway public opinion against the administration, is being targeted seems particularly stupid.

Now, there are of course justifiable reasons for not allowing advertisement for some illegal activity. It is interesting to note, however, that pharmaceutical companies that sell drugs for billions in profits (the very reason the DOJ claims the marijuana industry is so evil) are allowed to advertise freely in all mediums.

Constitutional and federal law aside, it is morbidly fascinating from a philosophical standpoint that the administration is subverting the right to use marijuana to treat one’s illness by attacking two other, more deeply-held rights. After all, it certainly seems that more Americans care about free speech and property rights than they do about bodily autonomy. Will this policy end up being counterproductive to the stated goals of the administration?

Probably. Just like every facet of prohibition, it is pretty much doomed to failure in the long run.

If you’d like to tell the president how you feel about this, please go here or call (202) 456-1111.

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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.

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According to the Associated Press, U.S. Attorney General Eric Holder sent a letter earlier this week to former heads of the Drug Enforcement Administration in which he promised that the Justice Department would continue to enforce federal marijuana laws in California even if the state’s voters approve Proposition 19, which would make marijuana legal for all adults 21 and older and allow localities to tax and regulate marijuana’s sale. In response, Steve Fox, director of government relations for the Marijuana Policy Project, offered the following statement: [Read more →]

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Today, a coalition of organizations supportive of medical marijuana patients and providers — including MPP, Drug Policy Alliance (DPA), NORML, California NORML, Law Enforcement Against Prohibition (LEAP), and Students for Sensible Drug Policy (SSDP) –  is calling on President Obama to withdraw his nomination of Michele Leonhart to serve as administrator of the Drug Enforcement Administration (DEA).

The following is a from press release just sent out on behalf of the coalition:

Ms. Leonhart, who is currently the DEA’s acting-administrator, has not demonstrated that she is capable of leading the agency in a thoughtful manner at a time when 14 states have enacted medical marijuana laws and science is increasingly confirming the therapeutic benefits of the substance.

Under Leonhart’s leadership, the DEA has staged medical marijuana raids in apparent disregard of Attorney General Eric Holder’s directive to respect state medical marijuana laws. Most recently, DEA agents flouted a pioneering Mendocino County (CA) ordinance to regulate medical marijuana cultivation by raiding the very first grower to register with the sheriff. Joy Greenfield, 69, had paid more than $1,000 for a permit to cultivate 99 plants in a collective garden that had been inspected and approved by the local sheriff.

Informed that Ms. Greenfield had the support of the sheriff, the DEA agent in charge responded by saying, “I don’t care what the sheriff says.” The DEA’s conduct is inconsistent with an October 2009 Department of Justice memo directing officials not to arrest individuals “whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

Ms. Leonhart has also demonstrated that she is unable to be objective in carrying out the duties of the administrator as it relates to medical marijuana research. In January 2009, she refused to issue a license to the University of Massachusetts to cultivate marijuana for FDA-approved research, despite a DEA administrative law judge’s ruling that it would be “in the public interest” to issue the license. This single act has blocked privately funded medical marijuana research in this country. The next DEA administrator will likely influence the outcome of a marijuana-rescheduling petition currently before the agency. It is critical that an administrator with an open mind toward science and research is at the helm.

“With Leonhart’s nomination pending, one would expect her to be more — not less — respectful of the Department of Justice and the rights of individuals in medical marijuana states,” said Steve Fox, director of government relations at the Marijuana Policy Project. “Such behavior is an ominous sign for the future of the DEA under her leadership. Moreover, she has continually demonstrated her desire to block privately funded medical marijuana research in this country. The Obama administration has reversed many Bush administration policies over the past 18 months. It is time to transform the culture at the DEA by either withdrawing Leonhart’s nomination or directing her to change her attitude toward medical marijuana.”

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When U.S. Attorney General Eric Holder announced last year that the federal Department of Justice would no longer prosecute medical marijuana patients and providers complying with state law, reform advocates cheered it as the greatest victory in over a decade.

The shift in federal policy was indeed a breakthrough for the medical marijuana movement, but did little good for Bryan Epis of Chico, California.

Last week, a federal judge ordered Bryan to prison for a 2002 conviction involving 100 marijuana plants he maintained for several state-legal patients. Under the current administration’s policy, Bryan would likely be left alone by the feds, but the problem is that his arrest and conviction occurred well before the new policy was implemented.

Bryan was sentenced to ten years in federal prison and has already served two years behind bars, but has been out on various appeals since 2004. Today he’s sitting in the Sacramento County jail awaiting transfer back to a federal penitentiary.

Friends and family are hoping President Obama pardons Bryan so that he isn’t forced to waste more of his life locked in a cage because of his compassion towards sick and suffering patients.

Bryan’s partner is circulating a petition urging President Obama to grant a pardon and she requests your help. A printable petition form can be downloaded here. Please help Bryan by collecting as many signatures as you can and mailing the petition back to the address at the bottom of the page.

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