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.

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!

During his run for the presidency, Barack Obama instilled hope in medical marijuana supporters by pledging to respect state laws on the matter. And for the first two years of his term, he was generally faithful to his promise. Yet suddenly, and with no logical explanation, over the past eight months he has become arguably the worst president in U.S. history regarding medical marijuana.

1. In 1970, Nixon signed into law the Controlled Substances Act, which placed marijuana in Schedule I -- the most restrictive of the five schedules, which declared that marijuana has no medical value whatsoever. Since then, all seven presidents have been content to keep marijuana in Schedule I, even going so far as to have (1) DEA bureaucrats overrule the DEA's own administrative law judge on the matter, and (2) Health & Human Services reject scientific petitions for rescheduling.

Read more ...

This is one of those stories that churns my stomach.

In early September, officials in Shawnee County, Kansas, announced that due to budget constraints, they would stop prosecuting misdemeanor domestic violence cases. This resulted in many domestic violence cases being dismissed without prosecution throughout the county. Also, a flood of such cases is being sent to the Topeka legal system instead.

Topeka is in just as dire economic straits as the county in which it resides. After determining that they could not afford to prosecute these cases either, the city council is now considering a series of proposals to cut expenses from the budget. One of those is removing the portion of the city code criminalizing domestic battery. Adding insult to injury, literally, they’ve chosen Domestic Violence Awareness Month to have this discussion.

Can’t these city council members think of something less vile, hurtful, and dangerous to both individuals and society than domestic abuse to decriminalize?

We have a suggestion:

 

Topeka City Council

215 SE 7^th, Room 255

Topeka, KS 66603-3914

Re: Decriminalization of Domestic Violence

 

Dear Councilmembers,

It has come to my attention that the city of Topeka, facing unprecedented budget shortfalls, is considering repealing that portion of the city code that bans domestic battery as a means of forcing county officials to prosecute this crime – something Shawnee County District Attorney Chad Taylor has apparently already stopped doing. In fact, since Taylor announced on September 8 that he would no longer be prosecuting misdemeanor cases in the City of Topeka, 30 domestic battery cases have not been pursued, and three alleged domestic violence offenders have been released – their cases put on hold – until the dispute over who will pay for prosecution of such cases has been resolved.

I write to offer a potential solution to this standoff: decriminalize misdemeanor marijuana possession instead. Many other governments, state and local, are facing similar budget deficiencies and are increasingly turning to marijuana decriminalization as a partial solution. In fact, just this year the Connecticut Legislature passed a measure decriminalizing possession of less than half an ounce of marijuana. In 2008, 65% of Massachusetts’ voters approved a similar measure, and ten other states – including neighboring Colorado and Nebraska – have also decriminalized possession of small amounts of marijuana.

Marijuana decriminalization is also an increasingly popular solution at the municipal level. Columbia, Missouri, Ann Arbor, Michigan, and even your in-state neighbor, Lawrence, Kansas are among the many municipalities that have made possession of marijuana a civil, fineable offense with no possibility of jail time.

Not only would decriminalizing marijuana free up funds, but Topeka police, who would otherwise be tied up booking and processing non-violent marijuana users, could instead simply write a ticket and return to protecting the community from real threats to public safety, like domestic abusers. The same goes for judges, prosecutors, and district attorneys, like Mr. Taylor, should Shawnee County consider a similar move.

As our recession recovery continues, all across the country cities and counties are being forced to make decisions, many of them very difficult, about what services they can afford to provide. This decision, however, should be an easy one. People who choose to use marijuana instead of more dangerous drugs like alcohol are not public safety threats. On the other hand, those who would abuse their own loved ones are among the greatest threats to public safety in any community. Battered spouses should not be left defenseless in the name of enforcing misguided marijuana laws. Will you please consider this sensible alternative? I look forward to your reply.

Sincerely,

Dan Riffle

Legislative Analyst

Marijuana Policy Project

Hopefully, the Topeka City Council will listen to reason and at least seriously consider this option. After all, even staunch drug warriors have a hard time explaining how simply decriminalizing possession of small amounts of marijuana can actually hurt anybody. In Massachusetts, where possession of less than an ounce is now treated as a civil infraction, law enforcement is recognizing that there have been no noticeable negative consequences to such a policy.

I’m pretty sure that everyone can agree domestic violence is much more harmful. Except, perhaps, the abusive scum that will walk if the city council moves ahead as planned.

We’ll let you know if they respond.

Support the Marijuana Policy Project: Donate. Subscribe to the MPP Newsletter. Take Action.

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!

Support the Marijuana Policy Project: Donate. Subscribe to the MPP Newsletter. Take Action.

As part of the federal government’s escalating efforts to shut down the medical marijuana industry, the IRS is claiming that Harborside Health Center, an Oakland dispensary that is thought by many to represent the best practices in the industry, owes them roughly $2.5 million in back taxes. The reason for this is that during the audit, the IRS would not let Harborside deduct many of its business expenses.

Most of these expenses were for things that all other legitimate businesses are allowed to deduct, such as rent and payroll. They were, however, allowed to deduct the actual marijuana being given to patients. The reason for all this is Section 280E of the Internal Revenue Code, which basically allows the IRS to fully tax any group it considers a drug trafficking organization. This is mostly used to snare actual drug traffickers for tax evasion, much like the way Al Capone was finally arrested. Criminal kingpins are not known for filing taxes and reporting their illicit income.

The IRS claims that Harborside, and all other dispensaries, are criminal organizations, so they can’t make any of the deductions other businesses make. But they will still take the money. Many are worried that this will destroy the industry by making it impossible for most dispensaries to afford to stay in business.

MPP is currently pushing a pair of bills through Congress that would remove this threat to patients and providers, as well as allow banks to do business with dispensaries without fear of federal prosecution.

Please urge your representative to sponsor the Small Business Tax Equity Act of 2011 and the Small Business Banking Improvement Act of 2011.

While we’re waiting for Congress to act on these bills (and it may take a while), feel free to contact the IRS and tell them that tax-paying medical marijuana businesses are legitimate and should be treated as such. They are not drug dealers.

Here’s the number: 1-800-829-4933

It’s bad enough that so many self-declared conservatives, who support personal freedoms and limited government in so many other respects, are opposed to taxing and regulating marijuana. But it’s completely unacceptable for an otherwise stalwart progressive to have such backward views on marijuana.

Asked last night whether she supports legalizing and regulating marijuana, leading Massachusetts Senate candidate Elizabeth Warren gave a flat, no-nonsense (and no-common sense) “no.” Several other candidates for the Democratic nomination had more reasoned answers, and one correct answer – that marijuana should be taxed and regulated in a manner similar to alcohol (apparently to big applause).

Ms. Warren might want to give some more thought to the question the next time it comes up. The people of Massachusetts she hopes to represent already decided by a wide margin that people shouldn’t be arrested for possession of small amounts of marijuana when 65% of them voted in favor of an MPP-written and sponsored decriminalization initiative (PDF) just three years ago.  And it’s not just Massachusetts. By far the most popular draw at the White House’s We The People petition site is “Legalize and Regulate Marijuana in a Manner Similar to Alcohol.” In fact, half of the top ten most popular submissions deal with the subject.

Even President Obama gets it at times: “If you think about the enormous changes that have been made in terms of people's use of tobacco, for example, that wasn't because they were arrested.” Did you hear that Ms. Warren?

If you live in Massachusetts and would like to politely urge Ms. Warren to reconsider, you can do so here.

"When I ran for this office, I pledged to make government more open and accountable to its citizens. That’s what the new We the People feature on WhiteHouse.gov is all about – giving Americans a direct line to the White House on the issues and concerns that matter most to them." - President Barack Obama

Here are 12 marijuana policy related petitions currently on the White House We the People petition page:

1. Give States the Freedom to Establish Their Own Marijuana Laws.
2. Stop denying the medical value of cannabis (marijuana.) Remove it from schedule one of the controlled substances act.
3. Release all known beneficial information regarding cannabis (hemp, marijuana) and its derivatives.
4. End the destructive, wasteful and counterproductive "War on Drugs".
5. Remove Marijuana from the Schedule 1 list of drugs in the Controlled Substances Act.
6. Allow United States Disabled Military Veterans access to medical marijuana to treat their PTSD.
7. Eliminate or Reform Departments whose Officers are Required by Law to Lie to the American People.
8. Pardon Marc Emery.
9. Allow Industrial Hemp to be Grown in the U.S. Once Again.
10. Stop Interfering With State Marijuana Legalization Efforts.
11. Legalize, regulate, and tax marijuana.
12. Legalize and Regulate Marijuana in a Manner Similar to Alcohol.

To donate, please visit https://www.mpp.org/donate

In an act of outright legislative interference, S.B. 423, “repeal in disguise,” promised to regulate but instead flouted voters’ wishes and cruelly and arbitrarily gutted Montana’s medical marijuana program, shuttering most providers and reducing the number of patients. By mid-August, the number of patients had dropped by 10% and only 1% of medical marijuana providers remained in business, leaving patients without access to medicine.

However, Montanans have fought back. First, the Montana Cannabis Industry Association got a judge to temporarily block implementation of part of the law. Even more excitingly, Patients for Reform — Not Repeal successfully collected enough signatures to put a referendum to overturn S.B. 423 on the November 2012 ballot! The Secretary of State confirmed that the referendum had already exceeded the minimum signature requirements, and organizers announced they collected more than 46,000 signatures. Kudos to the petitioners; we will keep you updated!

Sadly, another legislative move overturning the will of the people, H.B. 391, went into effect on Saturday. It is intended to overturn Missoula County’s Initiative 2, which made marijuana offenses the lowest law enforcement priority. As a result, local initiatives may not de-prioritize the enforcement of state law. Missoula County Attorney Fred Van Valkenburg, who pushed for the bill, says he will move forward with prosecution of marijuana misdemeanors.

Luckily, many Montanans are very upset by these attempts to overturn the will of the voters, and are lending support to the medical marijuana community. Even the Attorney General Steve Bullock is speaking out, although more so about the ATF announcing that it is illegal for medical marijuana patients to purchase or possess firearms.

The news has been all abuzz for the last several months about various forms of designer drugs meant to mimic marijuana. Called Spice, K2, and a million other mildly clever names, these substances usually consist of a synthetic cannabinoid sprayed over plant matter. The resulting euphoria is supposed to be similar to the effects of marijuana. Unfortunately, it is also untested and has been reported to have all sorts of nasty side effects. Enter the DEA, who recently asked the FDA to temporarily ban several of these chemicals, pending a more permanent solution.

Needless to say, most people probably wouldn’t use these chemicals if they could legally use marijuana. Many users of the synthetics report drug tests for probation or work to be their main reason for using it. The Navy had to start testing for it regularly, so prevalent was its use among the oft-drug-tested sailors. Once again, we have prohibition encouraging people to use drugs more dangerous than marijuana.

The inventor of these substances, John W. Huffman of Clemson University, strongly warns against using them and thinks they should be banned. What does he think should be legal?

In an interview this week with the L.A. Times, Huffman said marijuana should be taxed and regulated, and had this to say:

"You can't overdose on marijuana, but you might on these compounds," he said. "These things are dangerous, and marijuana isn't, really."

I wonder if the DEA will listen. Probably just the “dangerous” part.