cannabisnews.com: New Medical Marijuana Policy Issued
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New Medical Marijuana Policy Issued
Posted by CN Staff on October 18, 2009 at 20:38:07 PT
By The Associated Press
Source: Associated Press
Washington, D.C. -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.
The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.California is unique among those for the presence of dispensaries — businesses that sell marijuana and even advertise their services.Attorney General Eric Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.A 3-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and the Drug Enforcement Administration.The memo, the officials said, emphasizes that prosecutors have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law.The officials spoke on condition of anonymity because they were not authorized to discuss the legal guidance before it is issued.At the same time, the officials said, the government will still prosecute those who use medical marijuana as a cover for other illegal activity. The memo particularly warns that some suspects may hide old-fashioned drug dealing or other crimes behind a medical marijuana business.In particular, the memo urges prosecutors to pursue marijuana cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or other crimes.And while the policy memo describes a change in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the federal government could still prosecute someone whose activities are allowed under state law.The memo, officials said, is designed to give a sense of prosecutorial priorities to U.S. Attorneys in the states that allow medical marijuana. It notes that pot sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources.Medical marijuana advocates have been anxious to see exactly how the administration would implement candidate Barack Obama's repeated promises to change the policy in situations in which state laws allow the use of medical marijuana.Shortly after Obama took office, DEA agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans.Source: Associated Press (Wire)Published: October 18, 2009Copyright: 2009 The Associated PressCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
Home Comment Email Register Recent Comments Help
Comment #24 posted by Had Enough on October 20, 2009 at 06:29:05 PT
Poll in comment 10
Thank you for voting!Good news. 97% (1,327 votes) Bad news. 3% (39 votes) Total Votes: 1,366http://www.npr.org/blogs/thetwo-way/2009/10/medical_marijuana_prosecutions.html
[ Post Comment ]
Comment #23 posted by FoM on October 19, 2009 at 13:17:37 PT
Dr Ganj
I think if the people vote for it President Obama will honor it. We sure our lucky to have him as our current President.
[ Post Comment ]
Comment #22 posted by Dr Ganj on October 19, 2009 at 13:04:44 PT
California Paves The Way
Let's see how the Obama administration reacts when California votes next year to legalize marijuana for recreational purposes.
I predict it will pass, and as California goes, so does the nation.What Bush, Clinton, Bush, couldn't, or wouldn't do, president Obama is, and we all now know, this is the end game to a decades long war on some drugs.
The cost and casualties are staggering, but long at last, we see the wall coming down, and hear the beautiful sound of giant freedom bells all across this fecund land of ours. ~~~
http://www.taxcannabis2010.org/
[ Post Comment ]
Comment #21 posted by FoM on October 19, 2009 at 08:43:14 PT
HempWorld
It will be very interesting!
[ Post Comment ]
Comment #20 posted by HempWorld on October 19, 2009 at 08:40:44 PT
All This Is:
a guide to the exercise of investigative and prosecutorial discretion ...That's all it is folks, now watch the internal battle between Bush appointees and holdovers and Obama appointees and newbies unfold over the next year ...
[ Post Comment ]
Comment #19 posted by FoM on October 19, 2009 at 08:36:22 PT
Sam
I am not a Democrat but an Independent. What can Obama do and not violate the Constitution? I really don't think he can wave a magic wand and legalize marijuana. It has to go thru Congress I think. Barney Frank's Bill will help I believe.
[ Post Comment ]
Comment #18 posted by Sam Adams on October 19, 2009 at 08:31:14 PT
progress
This is good news but a good display of why I left the Dem party, this is very Clinton-esque. It reminds me of how Clinton acted on his campaign promises like protecting the old growth in the Pacific NW. I would describe this move by Obama as "wimpy" or maybe "wuss". Just doing the absolute bare minimum symbolic gesture to please all the people who got him elected, while maintaining the oppression of the predatory criminal justice SWAT teams. Not leadership, sorry. Leadership would be calling the cannabis laws a travesty and immediately telling all federal LEO's to stop working on MJ in California until they figure out how to stop assaulting sick people.Also, nice research job by the AP:"California is unique among those for the presence of dispensaries � businesses that sell marijuana and even advertise their services"What about Colorado? RI? Michigan? way to look up the facts people. Nope! Only the crazed liberals in California have dispensaries! http://www.cannabistherapyinstitute.com/ I guess when the truth doesn't fit AP's view they just truncate it.
[ Post Comment ]
Comment #17 posted by ekim on October 19, 2009 at 08:27:36 PT
over at petes site
Just Legalize It
October 19th, 2009 at 7:34 am
Pair this up with the Elle Magazine article on marijuana use for anxiety and what do you got? Us STILL Winning!If you havnt seen the Elle Mag article yet just click on my name and check out the awesome goodness that is the power of women.http://www.drugwarrant.com/2009/10/obama-administration-issues-guidelines/#comments
[ Post Comment ]
Comment #16 posted by HempWorld on October 19, 2009 at 08:27:22 PT
MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
October 19,2009FROM: David W. Ogden, Deputy Attorney GeneralSUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources. In general, United States Attorneys are vested with “plenary authority with regard to federal criminal matters” within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are “invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority.” Id. This authority should, of course, be exercised consistent with Department priorities and guidance.The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department’s efforts against narcotics and dangerous drugs, and the Department’s investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department’s core enforcement priorities.Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:•unlawful possession or unlawful use of firearms;
•violence;
•sales to minors;
•financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
•amounts of marijuana inconsistent with purported compliance with state or local law;
•illegal possession or sale of other controlled substances; or
•ties to other criminal enterprises.
Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department’s authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.Finally, nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests.Your offices should continue to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement authorities, and the Principles of Federal Prosecution.cc: All United States AttorneysLanny A. Breuer
Assistant Attorney General Criminal DivisionB. Todd Jones
United States Attorney
District of Minnesota
Chair, Attorney General’s Advisory CommitteeMichele M. Leonhart
Acting Administrator
Drug Enforcement AdministrationH. Marshall Jarrett
Director
Executive Office for United States AttorneysKevin L. Perkins
Assistant Director
Criminal Investigative Division
Federal Bureau of Investigation
MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
[ Post Comment ]
Comment #15 posted by FoM on October 19, 2009 at 06:57:25 PT
freewillks
I don't like kool-aid but this is a good day and I appreciate Obama honoring what he said while running for President.
[ Post Comment ]
Comment #14 posted by freewillks on October 19, 2009 at 06:55:23 PT
States rights
One small victory for states rights! But I'm still not drinking the Obama kool-aid.
[ Post Comment ]
Comment #13 posted by FoM on October 19, 2009 at 06:45:04 PT
Related Article From NPR's Blog
Feds Won't Pursue Medical Marijuana Users, Sellers Abiding By State LawsBy Scott HensleyOctober 19, 2009 In a big switch from the last administration, the Obama Justice Department won't go after users or suppliers of medical marijuana who comply with state laws.URL: http://www.npr.org/blogs/health/2009/10/feds_wont_pursue_medical_marij.html
[ Post Comment ]
Comment #12 posted by FoM on October 19, 2009 at 06:19:04 PT
Just Got This In My E-Mail!
Move Over Corn: Sugarcane Rising Up in the Biofuel World, and Why Hemp Shouldn't Be Far BehindOctober 13, 2009URL: http://planetgreen.discovery.com/tech-transport/sugarcane-rising-fuel-world.html?campaign=th_weekly_nl
[ Post Comment ]
Comment #11 posted by Hope on October 19, 2009 at 06:11:22 PT
So far...
One hundred percent of people taking the poll think it's "Good News".Thirty people, including myself, participating, so far.
[ Post Comment ]
Comment #10 posted by FoM on October 19, 2009 at 05:58:33 PT
NPR Medical Marijuana Poll
Feds Won't Go After 'Medical Marijuana' Patients & Suppliers; Good Or Bad News?October 19, 2009URL: http://www.npr.org/blogs/thetwo-way/2009/10/medical_marijuana_prosecutions.html
[ Post Comment ]
Comment #9 posted by FoM on October 19, 2009 at 04:58:53 PT
MikeC
I agree and now maybe Ohio will move forward too!
[ Post Comment ]
Comment #8 posted by FoM on October 19, 2009 at 04:57:39 PT
Great Day For State's Rights
I know most on the right are for state's rights and now finally they are getting what they have wanted for years. There are happy people today in my California E-Mail list. Thank you President Obama!
[ Post Comment ]
Comment #7 posted by Hope on October 19, 2009 at 04:19:04 PT
This is about prosecuting...
but the narcing shall continue unabated. Narcs... which aren't just checking for compliance to state laws and offering guidance. Narcs... itching for a throw down. Narcs will still be actively trying to get people to cross the lines that sometimes their victims don't even know are there until it's too late. Guidance? You betcha. They'll still be trying to "Guide" people right into traps and dangerous corners and snatch and punish them as harshly and as suddenly and profoundly as they possibly can. It's the "game" they "play". They love it. They thrill at the very thought of it. They crave the "rush" of the successful predator. Be careful of them.
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Comment #6 posted by Hope on October 19, 2009 at 03:47:49 PT
Hmmm
Very interesting.A bit of a toe wiggle indicative of a possible step in the right direction?We'll see.
[ Post Comment ]
Comment #5 posted by EAH on October 18, 2009 at 23:42:08 PT:
Having it both ways?
The Feds toss this bone to progressives but it isn't law and it isn't binding. How do they figure out who is complying and who isn't? California can't even decide what it's laws are or the meaning of what's on the books so how are the Feds going to?
The laws aren't changed which allows them to do what they want despite this advisory statement but cannabis advocates are supposed to be placated somehow. This is a ploy of a gesture.
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Comment #4 posted by RevRayGreen on October 18, 2009 at 21:40:29 PT
This is the document
the DOJ told Carl Olsen that it didn't exist 4 months ago......
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Comment #3 posted by MikeC on October 18, 2009 at 21:23:30 PT
This is good news
Maybe a few more states will now pass MMJ laws now that federal prosecution has been halted...you listening Wisconsin?!!!
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Comment #2 posted by Shielde on October 18, 2009 at 21:18:46 PT
Reallocation of resources
"It notes that pot sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources."With the simple legalization and restructuring of the drug warriors into guardians of a new legal business the gov't would have the same or more resources available and would be able to enforce federal taxes on said businessesThe end of prohibition would doubtfully mean that many people would be unemployed under their current jobs, but it would also open up new jobs as inspectors, book keepers, and other jobs related to a new enterprise.
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Comment #1 posted by FoM on October 18, 2009 at 20:39:01 PT
Sounds Good To Me
Excerpt: The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.
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