At a hearing discussing the controversy surrounding Operation Fast & Furious, which allowed numerous firearms to be transferred to operatives for Mexican drug cartels, the attorney general got some questions on another drug war problem: the crackdown on medical marijuana.

Congressman Jared Polis (D-CO) asked Attorney General Holder if the Department of Justice intended to leave medical marijuana states alone as was promised in the Ogden Memo in 2009, as well as whether the recent crackdown in California on medical marijuana providers would be extended to other states.

Holder’s response was the same one that has been parroted by the administration again and again: medical marijuana is not an enforcement priority, given the department’s limited resources.

If that is true, what are the U.S. attorneys in California, Washington, Oregon, Montana, and Michigan doing? It seems as if they’ve been spending a lot of time and effort on a “low priority” lately.

Is Holder lying, or has he let the dogs at DOJ off the leash while he tries to explain why the federal government allowed guns to “walk” into Mexico that were later used to murder U.S. law enforcement agents? [Read more →]

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Since the beginning of the White House’s “We the People” petition program, questions and requests about marijuana policy have dominated the site. Last week, the Obama administration lumped all of those detailed, nuanced questions together and answered them all by parroting the same old rhetoric. Very little in the way of an actual response was given to the questions, other than this: marijuana is dangerous and should remain illegal, but more research should be done on its medical properties.

This response is disingenuous, given the federal government’s repeated interference in medical marijuana research, including a recent denial of a study on the effects of marijuana on post-traumatic stress disorder in veterans. It is also not an appropriate answer to the myriad policy issues addressed in the petitions.

Luckily, one Jon G from Michigan has started a petition that is sure to get an appropriate reply from the Obama White House:

Since these petitions are ignored apart from an occasional patronizing and inane political statement amounting to nothing more than a condescending pat on the head, we the signers would enjoy having the illusion of success. Since no other outcome to this process seems possible, we demand that the White House immediately assign a junior staffer to compose a tame and vapid response to this petition, and never attempt to take any meaningful action on this or any other issue. We would also like a cookie.

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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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Have you ever noticed how prohibitionists in power keep fighting medical marijuana by saying that it is out of control, and somehow causing a breakdown in society, endangering the public, sending the wrong message to kids, etc.? Have you also noticed that they will freely spend time and taxpayer money trying to undermine medical marijuana programs and restrict the rights of patients?

We’re seeing it in Arizona with Gov. Jan Brewer’s egregious lawsuit to interfere with her state’s voter-approved medical marijuana law, which even the federal government thinks is a waste of time. We’re seeing it in Oregon, where a local sheriff is so hellbent on denying the 2nd Amendment rights of medical marijuana patients that he is willing to use state funds to take his case all the way to the Supreme Court.

Now, long-time medical marijuana foe Bill Schuette, attorney general of Michigan, has announced his plans to  introduce legislation this fall that would supposedly stop the abuse of the medical marijuana system there.

Hold on a minute. Aren’t law enforcement supposed to enforce the laws, not make them? That’s a topic for another time.

The main focus of the as-yet-unfinished bill will be curbing the amount of “drugged-driving” accidents by severely limiting the ability of medical marijuana patients to ever drive a car.

From the press release:

“Schuette noted confusing inconsistencies between the Michigan Motor Vehicle Code and the Michigan Medical Marihuana Act must be eliminated to preserve safety on Michigan roadways.  A longstanding safety provision in the Michigan Motor Vehicle Code prohibits driving with any amount of marijuana in your system.  In contrast, the MMMA references driving “under the influence of marijuana,” a term which is not defined in state law or by uniform scientific standards, and creates a different standard for medical marijuana users. …

Schuette cited statistics recently released by the Michigan State Police which indicate that marijuana-related fatalities remain the most common drug-related automobile fatality, and that such fatalities are on the rise in Michigan.

“Driving with marijuana in your system is unsafe and jeopardizes the safety of our roadways,” said Schuette.  “If you take drugs, don’t take the wheel.”

It is never a good idea to get behind the wheel while impaired by any substance. That being said, the statements of the attorney general can best be described as baseless fear-mongering.

First of all, multiple studies and mountains of anecdotal evidence have proven that merely having marijuana in one’s system is not an indicator of impairment, or even intoxication. Marijuana metabolites can stay in one’s system for up to a month after using it, and THC can stay in one’s system for a week. Yet the effects wear off within a few hours. The Michigan Medical Marihuana Act recognizes this by changing the wording of driving restrictions for medical marijuana patients to driving “under the influence,”, meaning that the patient has medicated recently and is still experiencing some intoxicating effects. Despite Schuette’s claim, “under the influence” is used in the provision of Michigan’s DUI laws that apply to all other prescription medications — MCL 257.625 (1)(a).

Under the changes proposed by Schuette, this difference would be removed, making it illegal for patients to operate a car with any marijuana in their system whatsoever. Most medical marijuana patients always have marijuana in their system. Even those who only use occasionally may have to use large amounts that can leave traces in the body for some time.

Basically, this amounts to saying that if a person finds that marijuana is the best medicine to treat their condition, he or she must forfeit their driving privileges or wait weeks after medicating to drive. This restriction is not applied to any other medicine in Michigan. This is medical bigotry, plain and simple. Patients are already dealing with trying to live normal lives and treat their conditions. They have it hard enough as it is. And Bill Schuette wants to make their lives even harder.

Secondly, the assertion that marijuana is involved in more automobile related fatalities than any other drug is completely false, unless one uses the definition that the Attorney General would like to apply to medical marijuana patients. The study cited in the press release used just that definition, however, and counted every fatal accident in which the driver had any marijuana in his or her system! This means that if someone smokes a joint, and three weeks later gets in a car (maybe after a few cocktails) and kills someone, it is a marijuana-related auto fatality.

It sure is easy to scare people when you don’t care about science.

This is illustrative of the need to get away from chemical intoxication testing and go back to physical impairment tests in driving situations. It should not matter what is in someone’s bloodstream, particularly for medical marijuana patients. Whether or not they are impaired should be the primary concern for law enforcement, and they don’t need fancy blood tests or saliva swabs to determine that. They’ve been doing just fine since the invention of the automobile.

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I’m starting to sound like a broken record. Yesterday, the DEA, assisted by local law enforcement, raided several Michigan medical marijuana businesses and arrested the owners. No information has been released since the investigation is ongoing.

This sounds awfully familiar. Last month, federal authorities cracked down on medical marijuana facilities in Montana and California. According to all available information, those raided were in compliance with state law and were legitimate businesses.

It seems that the DEA is going to continue taking an active role in investigating and prosecuting medical marijuana patients and caregivers, regardless of Justice Department direction to the contrary. While they are legally allowed to enforce federal law in states where medical marijuana is permitted, the current policy directs them to only do so if state law is being broken.

I’m left wondering why the DEA is involved if the people and organizations being targeted are operating within state law. If these “criminals” are not following state law, why is it necessary to call in the feds? One would think local law enforcement is perfectly capable of enforcing their own state’s laws and wouldn’t want anyone nosing in on their jurisdiction. Could it be that some law enforcement and certain politicians see this as a way to impose extreme penalties on a group of people with whom they have personal and ideological problems?

Or is the DEA simply taking it upon themselves to interpret state law, storming in when someone is operating within a legal gray area?

Either way, the DEA has no business going after medical marijuana businesses in the states. This is a state issue that is best dealt with through debate and regulation, not with assault weapons and battering rams.

Please sign this petition asking President Obama to keep his promise and end the raids.

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