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Del. Joins Debate on Marijuana Regulation
Posted by CN Staff on May 10, 2011 at 06:15:43 PT
By Chad Livengood
Source: Delaware Online
Dover -- With the state Senate poised to give final passage today to legalizing marijuana possession and distribution for medicinal purposes, Delaware could be headed into a national debate over the federal government's role in regulating the drug.Even though it could soon be legal for ill patients in Delaware with a qualifying disease to obtain marijuana from a state-licensed dispensary, the drug remains a Schedule I controlled substance and illegal under federal law.
The architects of Delaware's bill say it has been crafted to comply with a directive from U.S. Department of Justice that urges federal prosecutors to go after only medical-marijuana suppliers that operate outside a state's medical-marijuana law.In October 2009, the Obama administration issued a memo to prosecutors instructing them not to expend resources prosecuting patients or their caregivers who obtain marijuana in one of 15 states that have decriminalized cannabis for medical treatment.U.S. Deputy Attorney General David W. Ogden said at the time that prosecutors should not investigate medical-marijuana distribution that is in "clear and unambiguous compliance" with a state's law.Charles Oberly, the U.S. attorney for Delaware, said he has not read the Delaware bill yet and his study of the issue is limited to the Ogden memo."They're not looking to prosecute people who are seriously ill," Oberly said Monday.But recent raids on marijuana dispensaries and rhetoric from a federal prosecutor in Washington state have raised questions about how the Obama administration is treating marijuana farms and distribution in states with medical-marijuana laws.Oberly said he does see the potential conflict of having a state law that makes marijuana for medical use legal and a federal law that strictly prohibits cultivation, possession and distribution of the drug."State law can't preempt federal law," he said.Senate Majority Whip Margaret Rose Henry, D-Wilmington East, sees no problems on the horizon if Gov. Jack Markell decides to sign the bill."States have had medical-marijuana laws on the books for over 14 years and have administered programs through three different federal administrations without ever being charged or prosecuted for doing so," Henry said in an email. "Nothing in this bill requires the state to violate federal law."Under the bill, the state will not be distributing the marijuana -- the act that remains illegal under federal law -- and the state assumes no liability if someone is harmed by the drug.Ogden's memo said U.S. attorneys should prosecute medical-marijuana distributors who are engaging in other criminal activity, selling to minors or who "unlawfully market and sell marijuana for profit."Delaware's legislation, Senate Bill 17, prohibits people from growing their own marijuana and requires the dispensaries to be not-for-profit organizations and licensed by the state, said Noah Mamber, legislative analyst for the Marijuana Policy Project, a Washington, D.C., group that has helped write the Delaware bill.Some state representatives have noted that the nonprofit status can be exploited by operators just paying themselves hefty salaries or charging high rent to a dispensary."How do you define a nonprofit? Is that where an executive director makes $45,000 a year or where an executive director makes $450,000 a year?" asked House Minority Leader Greg Lavelle, R-Sharpley.Mamber said recent raids on marijuana dispensaries in Washington state were consistent with the Obama administration's directive because that state's law contains several gray areas."Delaware's law ... sets up a comprehensive and tightly regulated system to issue licenses to a certain number of compassion centers," Mamber said.Markell has not made a final decision on whether he will sign the bill, but has supported the concept of giving people with cancer, HIV/AIDS, multiple sclerosis and other debilitating diseases access to the drug, spokesman Brian Selander said.Jules Epstein, an associate professor of law at the Widener University School of Law, said the Obama administration should apply limited financial resources to prosecuting Wall Street white-collar criminals, public corruption and violent crime."All of those certainly merit at least as much attention as medical marijuana," Epstein said. "The Ogden memo certainly implied that there were much greater priorities."There remains a risk that the federal government may not always be so lenient on states with medical-marijuana laws, Epstein said.The Obama administration's liberal view of medical-marijuana distribution could be suddenly upended by the next president, said Rep. Danny Short, R-Seaford."That's a chance I guess we're going to have to take," said Short, who voted against the bill last week. "States have had medical-marijuana laws on the books for over 14 years and have administered programs through three different federal administrations without ever being charged or prosecuted for doing so," Henry said in an email. "Nothing in this bill requires the state to violate federal law."Under the bill, the state will not be distributing the marijuana -- the act that remains illegal under federal law -- and the state assumes no liability if someone is harmed by the drug.Ogden's memo said U.S. attorneys should prosecute medical-marijuana distributors who are engaging in other criminal activity, selling to minors or who "unlawfully market and sell marijuana for profit."Delaware's legislation, Senate Bill 17, prohibits people from growing their own marijuana and requires the dispensaries to be not-for-profit organizations and licensed by the state, said Noah Mamber, legislative analyst for the Marijuana Policy Project, a Washington, D.C., group that has helped write the Delaware bill.Some state representatives have noted that the nonprofit status can be exploited by operators just paying themselves hefty salaries or charging high rent to a dispensary."How do you define a nonprofit? Is that where an executive director makes $45,000 a year or where an executive director makes $450,000 a year?" asked House Minority Leader Greg Lavelle, R-Sharpley.Mamber said recent raids on marijuana dispensaries in Washington state were consistent with the Obama administration's directive because that state's law contains several gray areas."Delaware's law ... sets up a comprehensive and tightly regulated system to issue licenses to a certain number of compassion centers," Mamber said.Markell has not made a final decision on whether he will sign the bill, but has supported the concept of giving people with cancer, HIV/AIDS, multiple sclerosis and other debilitating diseases access to the drug, spokesman Brian Selander said.Jules Epstein, an associate professor of law at the Widener University School of Law, said the Obama administration should apply limited financial resources to prosecuting Wall Street white-collar criminals, public corruption and violent crime."All of those certainly merit at least as much attention as medical marijuana," Epstein said. "The Ogden memo certainly implied that there were much greater priorities."There remains a risk that the federal government may not always be so lenient on states with medical-marijuana laws, Epstein said.The Obama administration's liberal view of medical-marijuana distribution could be suddenly upended by the next president, said Rep. Danny Short, R-Seaford."That's a chance I guess we're going to have to take," said Short, who voted against the bill last week.Note: Drug remains illegal under federal law.Source: Delaware Online (DE)Author: Chad LivengoodPublished: May 10, 2011Copyright: 2011 Delawareonline.comWebsite: http://www.delawareonline.com/URL: http://drugsense.org/url/53LeQLEpContact: http://drugsense.org/url/1c6Xgdq3CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #8 posted by museman on May 11, 2011 at 08:14:07 PT
some lyrics
*****Perhaps*****There's monsters in the public house,you can see 'em now with the click of a mouse.Tried to tell 'em but they won't go away.They hand out 'answers' with nothin' to say.
So I sing to you.
Did you see the morning come,see the light in someone's eyes?Perhaps the darkness was too great.For those who fell it was too late.
Did you hear the calling out,hear the song so many sang?Perhaps you didn't have the time that day?All that time just wasted on the way.
They're tellin' you you gotta play their game,ain't nothin' different, just the same old same.you can die in their wars, and pay the price for livin'work all of your life for what you're already given.
And if you gotta do that, well it's a crime and a shame..
It's all up to you.
Did you feel the beating heart,touch the warmth of someones soul?Perhaps no one ever showed you how.Every moment begins right now.
Did you know the light is here,within us all and shinin?Perhaps you should look inside and see?LEGALIZE FREEDOM
[ Post Comment ]
Comment #7 posted by Had Enough on May 10, 2011 at 23:55:35 PT
Hhmmm …Define…???
“”"How do you define a nonprofit? Is that where an executive director makes $45,000 a year or where an executive director makes $450,000 a year?" asked House Minority Leader Greg Lavelle, R-Sharpley.”Hhhmmm…Define it with all the other non profits…American Cancer Society…..Salvation Army…etc…and all those other nonprofits where the ‘executives’ are being paid well more than what they are worth…The amount of money is the defining position for most these creeps…
[ Post Comment ]
Comment #6 posted by Had Enough on May 10, 2011 at 23:32:42 PT
Herbdoc…
“"'rule of fools'””Well said my friend…************My favorite song by Ten Years After… I'd love to change to worldhttp://www.youtube.com/watch?v=jzrUqAtUcpU
[ Post Comment ]
Comment #5 posted by museman on May 10, 2011 at 20:10:46 PT
herbdoc
I so agree, but I particularly liked this turn of a phrase;"...how they cherry pick from the constitution like Jesus freaks do the bible to make it say whatever they want it to say? "Priceless.
[ Post Comment ]
Comment #4 posted by FoM on May 10, 2011 at 09:22:11 PT
Herbdoc215
It is frustrating to say the least but I really believe what is happening has to happen. The Federal law issue has always been over people's heads. I remember many many years ago when I looked at different forums there was discussions about Federal Law. What I remember reading was people saying to always keep it under 100 plants so there won't be a Federal charge. Maybe that is still talked about and I wouldn't know it since I don't read other forums except on other topics.
[ Post Comment ]
Comment #3 posted by herbdoc215 on May 10, 2011 at 09:08:34 PT
I still agree with Mel Gibson in 'The Patriot'
When he was speaking in the S.C. assembly he said..."Why would we want to trade one tyrant 3000 miles away for 3000 tyrants one mile away" which to me pretty much sums up this pretend "democracy" we live in which is so aptly summed up by Plato/Socrates as the 'rule of fools' in which crooked drones (politicians) whom our unable to do anything else or function without corruption gaining all political power in the name of religion and/or money! I would hate to go from voting for hope/change to voting for a dixie-crat like Ron Paul but if that is what it takes to end this feeling of I've been played then so be it...I will go back to throwing my vote away but at least being able to live with myself in between elections as Obama has me so angry at myself for being stupid enough to (believe things could change) kick that damn football one more time and dang if I ain't tired of laying on my back after it gets pulled out from under me every time and am so tired of the sophist two-step we are seeing from this entire administration as the D's ain't any better or different than the R's if you look at the bigger picture. I know we are going to win, I know we are getting closer everyday to winning hearts and minds of the public but what I can't stand is those on both sides whom refuse to address reality and how they cherry pick from the constitution like Jesus freaks do the bible to make it say whatever they want it to say? Peace, Steve
[ Post Comment ]
Comment #2 posted by runruff on May 10, 2011 at 07:14:53 PT
Way too much hoopla over a botanical.
If you are one who is paying attention here you cannot help but notice how desperate the feds are to keep this popular and beneficial plant from becoming mainstream. This issue has pretty much come down to, "you can't have it because we say so!"The fed has little or no credibility with the American people. Everything they do or touch turns to dust. Now, they want to tell/force three hundred million people how to manage our bodies and treat us as if we have no brain and no good sense. Power with out knowledge is a dangerous thing. Power with an agenda that is harmful to the people is a criminal thing. Power to sell power to entities who only wish to capitalize off of the populace is a dangerous and criminal thing.One can only surmize that these "R's" are either very stupid or deliberatly criminal.
[ Post Comment ]
Comment #1 posted by FoM on May 10, 2011 at 06:19:09 PT
Just a Comment
This quote says what the Conservatives would more then likely do if they win the White House next year.***Excerpt: The Obama administration's liberal view of medical-marijuana distribution could be suddenly upended by the next president, said Rep. Danny Short, R-Seaford."That's a chance I guess we're going to have to take," said Short, who voted against the bill last week.
[ Post Comment ]
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