Yesterday, Gov. Christie announced that the wait is over for patients, and the medical marijuana program that has been on hold for months will finally move forward. He will instruct the New Jersey Department of Health and Social Services to begin implementation "as expeditiously as possible." This includes establishing the six alternative care centers that were approved last year.

Christie had left the program in limbo while he determined how to allow dispensaries and not attract attention from the federal government. This behavior has been mirrored in other states in response to letters from U.S. Attorneys intimating that they would no longer look the other way for anyone other than patients and individual caregivers, exposing the booming medical marijuana industry to serious risk. But Christie, himself a former U.S. Attorney, said that when he occupied that role, he would not have gone after dispensaries, as they are permitted in New Jersey's medical marijuana law. This, and the fact that the program is perhaps the strictest and narrowest in the country, led him to believe that neither the state nor the dispensaries would face federal prosecution.

The governor did not consult with the current federal attorney for New Jersey, but does not think the department will waste it's resources prosecuting state-approved, non-profit medical marijuana providers. Let's hope he is correct.

[caption id="attachment_4294" align="aligncenter" width="335" caption="Gov. Christie"][/caption]

It is very heartening to see state leaders moving ahead with permitting and regulating the medical marijuana industry so that patients will not be forced to purchase their medicine from the illicit market. So far, the Department of Justice has been fairly decent about respecting state law with regard to dispensaries as long as those states have clear regulations for the industry. Other states, particularly Rhode Island, should not fear federal interference for implementing regulated dispensary systems.

The last two weeks have been full of announcements from the federal government about marijuana policy. None of them has been positive, and none of them should be surprising.

First, the Department of Justice stated that it retained the ability to prosecute anyone who cultivates, processes, or distributes medical marijuana, regardless of state law. As noted earlier on this blog, this is not really a change in policy, but it is certainly disappointing to see the Department of Justice is unwilling to publicly recognize the legitimacy of state medical marijuana laws and would rather have patients purchasing their medicine from dangerous, illicit dealers.

Then, in a move that shouldn’t have surprised anyone, the Drug Enforcement Administration, the agency tasked with determining the legal status of drugs according to the Controlled Substances Act, decided to keep marijuana as a Schedule I substance. This classification means that the DEA will continue to assert that marijuana has no accepted medical use and should continue to be a high enforcement priority. Never mind the growing mountain of peer-reviewed studies that show the medical efficacy and relative safety of marijuana. The DEA will only pay attention to government studies, which are not approved unless the goal is to find negative effects, not medical benefits. We should not expect them to reschedule marijuana in the foreseeable future, especially since marijuana enforcement is an easy source of cash and prestige. Americans for Safe Access is currently appealing the decision in federal court, however, and hopefully they will gain some traction on this point and force the DEA to recognize the evidence in support of medical marijuana.

All this was followed by the release of the National Drug Control Strategy, which basically states that the Obama administration will continue to use scarce resources to combat the use of marijuana through criminal justice means, as well as a slightly increased program of harm reduction (which the President has said was going to be his primary focus). The strategy admits that marijuana use is at its highest in the last eight years, yet wants to continue the same strategy it has been utilizing during that same period!

The new strategy also mentions medical marijuana and, while admitting that there may be some medical uses for individual components of marijuana, continues to say that it should pass through the FDA approval process. This would be nice, if we could get all the federal agencies whose stamps of approval are needed to actually allow such research. So far the efforts of those trying to go through the official research and approval process have been blocked. In addition, the new strategy claims that medical marijuana “sends the wrong message to children” and increases the likelihood of adolescents using marijuana. This point ignores the fact that in most medical marijuana states, teen use has actually decreased since passing medical marijuana laws. Data supporting this can be found in the Marijuana Policy Project’s Teen Use Report.

So what does all this mean?

It means that all we can expect from the federal government is support of the status quo. We might get some minor concessions here and there, and the fact that the Ogden Memo has been (mostly) followed by the DOJ should not be overlooked. However, we should not look to the federal government to change policy in any drastic way simply of its own free will. They must be legally compelled to do so.

This is why we don’t need statements of policy, nice as they may be. We need different laws. We need something much more binding than policy statements, which can be distorted and rescinded at any moment without legal backing. It is imperative that we convince our legislators to support bills that will weaken the federal government’s control over marijuana policy and enforcement.

Please contact your representative in Congress, and tell them to support H.R. 2306. This bill would remove the federal government’s ability to interfere with state marijuana laws and policies. Legal change is what we really need if we want to see positive change in federal behavior.

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.

Today, the Marijuana Policy Project released an updated version of the Teen Use Report, which analyzes all available data from medical marijuana states both before and after passing their medical marijuana laws. The purpose behind this was to find out if permitting patients to use their medicine “sends the wrong message” to teens, as prohibitionists are so quick to claim.

Well, it turns out that it doesn’t. In fact, of the 13 states with available data, teen use rates have stayed the same or decreased since enacting medical marijuana laws. In some cases, these drops in teen use are pretty significant. This is not meant to imply that there is a causal relationship between medical marijuana and a drop in teen use. What the report does show, however, is that there is definitely no causal relationship between medical marijuana and an increase in teen marijuana use.

Not surprisingly, we’ve seen that arresting anyone for marijuana, even teenagers, does nothing to curb adolescent marijuana use. Some parents may be asking right about now, “how do I prevent my teenager from using marijuana?”

According to a study released this week by the University of Washington, the answer is … talk to them!

Topic: Is marijuana policy the only issue heading in a libertarian direction?

July 14-16, 2011

Bally's/Paris, Las Vegas

FreedomFest: Register Now

Today, a handful of visionary and courageous Members of Congress, led by Rep. Barney Frank, introduced the "Ending Federal Marijuana Prohibition Act of 2011," a bill that would treat marijuana the way alcohol is treated under federal law. It would give each state complete freedom to regulate marijuana in the manner it believes is in the best interests of its citizens. If a state wants to make marijuana available to patients, it can. And if it prefers to make marijuana legal for all adults, it can do that, too.

“The legislation would limit the federal government’s role in marijuana enforcement to cross-border or inter-state smuggling, allowing people to legally grow, use or sell marijuana in states where it is legal,” according to the Marijuana Policy Project, which advocates for pot legalization. “The legislation is the first bill ever introduced in Congress to end federal marijuana prohibition.”

More than a dozen states allow the sale of medical marijuana, but the practice is not legal under federal law, leading to confusion and clashes between local and federal authorities. via Huffington Post

Hundreds of billions of dollars have been wasted on marijuana prohibition over the past forty years. And for what? Usage rates don't change. The price of marijuana doesn't change. All prohibition has done is ensure that profits have remained underground while marijuana itself has been unregulated and less safe.

It is time to tell your representative in Congress to put an end to this massive waste of government resources. States must be set free to experiment with marijuana policy.

MPP has produced a number of pre-written emails to convey this message to your U.S. representative. Please take two minutes to send one along so that your representative knows how important this issue is to you.

With your help, we will bring this war on marijuana users to an end!

READ MORE:

Rob Kampia: Barney Frank and Ron Paul Introduce bill to End Federal Marijuana Prohibition

Rep. Steve Cohen on Ending Federal Marijuana Prohibition

Congressman Steve Cohen spoke on the House floor about legislation he is cosponsoring that would end the federal war on marijuana and let states legalize, regulate, tax and control marijuana without federal interference. The legislation would limit the federal government's role in marijuana enforcement to cross-border or interstate smuggling.

Source: Youtube

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.

At a press conference at the National Press Club on Friday, representatives of Institute of the Black World, as well as Rev. Jesse Jackson, Ethan Nadelmann of the Drug Policy Alliance, and others met to look at the impact that our nation’s failed war on drugs has had on minorities. One of the ideas mentioned most frequently to eliminate some of the negative effects of the drug war was to remove criminal penalties for possession of small amounts of marijuana.

While this is not a very radical statement, and does not address the problems associated with maintaining criminalization of the marijuana market, it is definitely a step in the right direction. It was little surprising coming from Rep. John Conyers (D-Michigan), who said he had never made such a statement before:

Good for you, Rep. Conyers! Now we just need the rest of Congress to come around.

In yet another illustration of how the marijuana debate has gone completely mainstream, the freshly-crowned winner of the Miss USA pageant, Alyssa Campanella, stated that she supported the use of marijuana for medical purposes. As the California representative at the pageant, the judges thought it appropriate to ask the young lady about her opinions on marijuana. She had this to say:

"Well, I understand why that question would be asked, especially with today's economy, but I also understand that medical marijuana is very important to help those who need it medically," she said during the pageant.

"I'm not sure if it should be legalized, if it would really affect, with the drug war," she said. "I mean, it's abused today, unfortunately, so that's the only reason why I would kind of be a little bit against it, but medically it's OK."

Well, it’s great that a Miss USA contestant feels comfortable supporting people finding relief from this proven, if unaccountably still controversial, medicine. It seems to me, however, that her position regarding ending marijuana prohibition altogether was a little less assertive. I’m willing to wager that she felt she had to say she was against taxing and regulating marijuana for all adults to please the judges, even if it was just “a little bit against it.”

What is even more significant is that this question has become so prominent in the public arena that it is being asked at such a traditionally tame event as the Miss USA contest.

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