We are all used to the federal government offering only limited deference to states when it comes to medical marijuana. And we are certainly used to it refusing to admit that patients have a legal right to use marijuana for medical purposes, or even that marijuana has medical value at all. Apparently, it also thinks that those who are abiding by state law and using medical marijuana do not have certain constitutional rights, either. In a memo issued last week by the Bureau of Alcohol, Tobacco, Firearms,…

A funny thing happened on Monday. The Department of Justice filed a brief regarding state medical marijuana laws in Arizona . . . and it was a good thing, and was met with appreciation from the medical marijuana movement! Seriously. After the disappointments of the vague, not very helpful Cole memo, and the expected but still disappointing DEA denial of marijuana’s medical value, it was great to see the Department of Justice (DoJ) doing the right thing regarding medical marijuana, even if it was…

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…

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…

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…

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.…

The Wall Street Journal reported yesterday that Sen. Herb Kohl (D-WI) will put a hold on the nomination of Michele Leonhart to be the next administrator of the DEA. Kohl's beef with Leonhart has nothing to do with her views on marijuana issues, but rather the DEA's work in restricting access to certain prescription pain medications in nursing homes. Still, this represents the strongest opposition to date against Leonhart, who is currently interim DEA head and has played a crucial role in overseeing…

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…

In 2009, the National Drug Intelligence Center’s annual drug threat assessment report stated that Mexican drug cartels operated distribution networks in at least 230 American cities. This year, the annual report describes how the cartels have since expanded their influence, how they operate in nearly every region of the continental United States, and how they are “active in more cities throughout the country that any other [drug trafficking organizations].” But, intriguingly, something is missing:…