cannabisnews.com: Feds: Pot Law Is State's Problem Feds: Pot Law Is State's Problem Posted by FoM on June 03, 2001 at 06:57:24 PT By Karen Auge, Denver Post Medical Writer Source: Denver Post If Gov. Bill Owens and Attorney General Ken Salazar have a problem with the state's new medical marijuana law, they shouldn't look to federal prosecutors for the solution, Colorado's U.S. attorney said. "Neither the governor nor the attorney general should engage in unfounded speculation about who might be prosecuted in federal court," Richard Spriggs, acting U.S. attorney for Colorado, said in a prepared statement issued late Friday. Spriggs' remarks were a blunt response to an earlier statement from Salazar, in which the attorney general said a recent U.S. Supreme Court decision doesn't invalidate Colorado's marijuana law. Salazar also said he had called on Spriggs to "enforce federal law," and stated that he had warned doctors they could face federal prosecution if they participate in the medical marijuana program. "We in the U.S. Attorney's Office are truly grateful to Governor Owens and Attorney General Salazar for sharing their problem with us," Spriggs said. "We, however, are not the solution to their problem. That solution (if there is one) lies with the 22 duly elected district attorneys and local police." The exchange - via faxed statements - was triggered by the U.S. Supreme Court. Last month, the high court ruled that there is no exception in federal anti-drug laws for medical use of marijuana. In that California case, the court upheld federal prosecutors' right to close down cannabis buyers' clubs despite a state law allowing medical marijuana use. The ruling sparked speculation that Colorado's Amendment 20, approved by voters last November and opposed by both Owens and Salazar, might not hold up to judicial scrutiny. The amendment lets people petition the state to be included on a registry of patients allowed to possess up to two ounces of marijuana, or a few marijuana plants. To be included on that registry, applicants must have one of a handful of specified illnesses, and must have a doctor verify their condition and sign a statement saying that they might benefit from smoking marijuana. Last month, Salazar's office reviewed Amendment 20, and the Supreme Court ruling, and concluded that Colorado's constitutional amendment should stand. At the same time, Salazar sent a letter to the Colorado Medical Society, warning that doctors who recommend marijuana for patients could face federal prosecution. But Friday, Alan Gilbert, Colorado solicitor general, confirmed that while the attorney general's office might encourage federal prosecutors to go after doctors, they couldn't do much to aid such prosecutions. Amendment 20 calls for the medical marijuana registry to be confidential - including the names of doctors who sign the applications, Gilbert said. And the attorney general's office likely would fight any attempt to subpoena that information, he said. "We will defend as vigorously as we can the confidentiality of the registry," Gilbert said. "I don't think that's a conflict," he said. "In order to enforce against doctors, the prosecuting authority would have to find out somehow (doctors' names). They just can't find out this way." Federal law prohibits possession and sale of marijuana, and labels it a class-one narcotic - putting it in the same category as heroin and LSD. Colorado, like most states, has its own set of drug laws. There are many cases where states and the federal government have complementary sets of laws, said Dick Weatherbee, law enforcement coordinator for the U.S. attorney's office in Colorado. Theoretically, someone who possesses or is selling illegal drugs is eligible to be prosecuted by state or federal authorities, Weatherbee said. Who prosecutes the case often depends on which agency uncovers the drug activity - if a local police department makes the arrest, a local prosecutor usually handles the case. If a federal agency, like the Drug Enforcement Agency, handles the investigation, it is usually turned over to federal prosecutors. Cases involving very large amounts of drugs, or where a suspected wide distribution network is uncovered, often fall under federal jurisdiction. Despite all the questions it has raised, Amendment 20 took effect Friday as scheduled. The state health department, which is overseeing the program, mailed out about 75 information and application packets in the weeks leading up to the law's implementation. Before the year is out, the department expects to handle about 800.Note: Warning to medical users is 'speculation'Source: Denver Post (CO)Author: Karen Auge, Denver Post Medical WriterPublished: Sunday, June 03, 2001 Copyright: 2001 The Denver PostContact: letters denverpost.com Website: http://www.denverpost.com/Related Articles & Web Site:Coloradans For Medical Rights http://www.medicalmarijuana.com/Cloud Hangs Over Debut of Medical Marijuanahttp://cannabisnews.com/news/thread9946.shtmlA Ludicrous Protest http://cannabisnews.com/news/thread9937.shtmlMarijuana Program Begins Todayhttp://cannabisnews.com/news/thread9928.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #2 posted by lookinside on June 03, 2001 at 08:54:13 PT: well said, doc... owens and salazar may very well find re-election impossibleif they choose to make implementation of amendment 20difficult...they are there to do the will of the people....calling inthe big dogs to do their dirty work will not sit well...evenwith the big dogs... [ Post Comment ] Comment #1 posted by Ethan Russo, MD on June 03, 2001 at 07:46:15 PT: Cliches Tell the Tale This is a p***ing match between a bunch of skunks that will not amount to a tempest in a teapot.Should the Feds attempt to prosecute physicians for a recommendation of cannabis (that is not a PRESCRIPTION, or DISPENSING) there will be hell to pay, and they will not only lose, they will be sued, and galvanize physician insurrection and public support against the status quo ante. Go ahead, make my day! Do you feel lucky? [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: