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  DOJ's Interpretation Of MMJ Amendment Wrong

Posted by CN Staff on April 03, 2015 at 16:22:00 PT
By Matt Ferner 
Source: Huffington Post 

Washington, D.C. -- The lawmakers behind a recent congressional amendment protecting medical marijuana operations in states where the drug is legal strongly rebuked the Department of Justice for trying to continue to crack down on some medical marijuana businesses.The DOJ believes the law only stops it from "impeding the ability of states to carry out their medical marijuana laws," department spokesman Patrick Rodenbush said in a statement, portions of which were previously published in the Los Angeles Times. “Consistent with the Department’s stated enforcement priorities, we don’t expect that the amendment will impact our ability to prosecute private individuals or private entities who are violating the Controlled Substances Act.”
But Reps. Dana Rohrabacher (R-Calif.) and Sam Farr (D-Calif.), the co-sponsors of the historic amendment that prohibits the DOJ from using funds to go after state-legal medical marijuana programs, told The Huffington Post that the department is incorrect in its understanding of the law."The congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong," said Rohrabacher spokesman Ken Grubs.Farr also had strong words for the DOJ.“The Justice Department’s interpretation of the amendment defies logic," he said. "No reasonable person thinks prosecuting patients doesn’t interfere with a state’s medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries.”Farr also took to Twitter to criticize the DOJ's view of the law:Although the DOJ has slowed its crackdown of medical marijuana, it continues to target some dispensaries, including multiple shops in the San Francisco Bay Area.In February, the congressmen, along with Rep. Barbara Lee (D-Calif.), wrote a letter publicly condemning the DOJ for "overstepping its bounds" by trying to shut down the Oakland, California-based Harborside Health Center -- widely considered to be the largest and one of the most well-respected medical marijuana dispensaries in the nation."The Justice Department is ignoring the will of the voters, defying Congress, and breaking the law," Bill Piper, director of national affairs for the Drug Policy Alliance, said in a statement Thursday. "President Obama and Attorney General Eric Holder need to rein in this out-of-control agency."To date, 23 states have legalized marijuana for medical purposes, and an additional 12 have legalized limited medical use of nonpsychoactive cannabis extracts, which are often used to treat children with severe epilepsy. Four states and the District of Columbia have legalized recreational marijuana.The $1.1 trillion federal spending bill signed by President Barack Obama in December contained the measure that protects medical marijuana operations.Under the Obama administration, the Drug Enforcement Administration and several U.S. attorneys have raided marijuana dispensaries and sent people to prison, even though they complied with state laws. According to a 2013 report released by advocacy group Americans for Safe Access, the Obama administration has spent nearly $80 million each year -- more than $200,000 per day -- cracking down on medical marijuana.The American public overwhelmingly support the use of medical marijuana: A 2014 CBS News poll found 86 percent of Americans believe doctors should be able to prescribe marijuana to their patients.Despite the public's support and congressional amendment's protections for medical marijuana, the federal government continues to classify the plant among the most "dangerous" substances, alongside heroin and LSD, with "no currently accepted medical use."Source: Huffington Post (NY)Author: Matt Ferner, The Huffington Post	Published: April 2, 2015Copyright: 2015 HuffingtonPost.com, LLC Contact: scoop huffingtonpost.comWebsite: http://www.huffingtonpost.com/URL: http://drugsense.org/url/XZipfnuKCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 

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Comment #9 posted by The GCW on April 05, 2015 at 15:13:11 PT

Where's the signature?
I can relate to what everyone is saying, however, the reality is the rate of progress is increasing. Different happenings could have sped that up further or slowed it down. The bottom line is:A signature could end the farce.There is no clear rational reason the signature has not been placed where it belongs.No matter what Obama does, until He puts His signature on the dotted line He has not done enough.-And make no mistake, Obama has been instrumental in the progress We've made to date.Today, give Him to the end of His term, the buck stops on that dotted line.Obama must not pass the buck to someone else. He deserves that place in history.It's His for the signing.
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Comment #8 posted by gloovins on April 05, 2015 at 13:08:02 PT

My take...
I do think Obama could have the Attorney General re-schedule cannabis. Correct me if I am wrong, but does the AG not have this power? It helps so much if it is re-scheduled but he won't spend any political capital on cannabis or ending the drug war. See, I think a lot of people hear Obama say the drug war is a failure, it effects people unfairly etc but then he says out of the other side of his mouth at a different time he his against legalization and it should not be a young person's priority to legalize "marijuana". The guy is so typical of a politician. Can't take the blame for anything (but spins it like he is blamed for everything) and is a blatant hypocrite all awhile being applauded by half the people. I am not one of them. Heck, Rand Paul has done more for cannabis law reform than Obama in my opinion. But some of Rand Paul's views are ridiculous so there you are...the 2 party system is so slow to change and so controlled by the corporations. It's sad, oh well...us herbalists are slowing winning because of the internet letting us spread TRUTH. This plant can so help this planet, we just need to exploit it for all it's worth. Fuels, textiles, healthy foods....we are on the brink....I can feel it....we just have to keep on & steady.....happy giant bunny day all...those eggs were dyed for your sins.....;)
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Comment #7 posted by FoM on April 04, 2015 at 20:20:20 PT

TroutMask
Thank you for saying what I couldn't put in words!
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Comment #6 posted by Hope on April 04, 2015 at 16:25:50 PT

Sickening.
They can't stop persecuting these people... even when Congress passes laws ordering them to stop?They are not good at their job. Not good at all.It's a continuing sadness. No justice in our Justice Department. Cruel and foolish injustice reigns in the United States Justice Department.The injustice. The inhumanity. There should be some inquiries. Is the Justice Department a rogue agency? Do some people need firing? It's looking like they should be.
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Comment #5 posted by runruff on April 04, 2015 at 08:33:48 PT

Jailtime!
For those that do not understand the law!Putting people in cages for growing and imbibing a natural herb? We are caging the wrong people!
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Comment #4 posted by John Tyler on April 04, 2015 at 08:01:37 PT

Willie Nelson
I saw in the news that Willie Nelson (his business team) is working on getting a cannabis chain store operation up and running in the legal states. Places where like-minded people could come and purchase and or relax, enjoy each other’s company, and be entertained. I can see other well know advocates getting in on this, Woody Harrelson, Bill Maher, or even Cheech and Chong, come to mind. This could be really big.
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Comment #3 posted by TroutMask on April 04, 2015 at 05:34:39 PT

As always it's Obama's fault.
Obama ruins everything. If pot isn't handed out on street corners to every citizen 24 hours a day, it's Obama's fault. If unemployment drops to the lowest level in over a decade, but money still isn't growing on trees, it's Obama's fault. If a rogue pilot downs a jet killing 150 people, it's Obama's fault. If an earthquake happens anywhere in the world, it's Obama's fault. Because everything was so darn wonderful before Obama. If the sun comes up today, well that's the Republicans' fault. But when it goes down tonight, that's Obama's fault.Instead of whining because Obama hasn't legalized all recreational drugs, reversed global warming, provided wealth for every man, woman and child in the world, and made farts smell like roses, how about opening your eyes a slit and try seeing a little bit of positive in the fact that marijuana prohibition is ending in the USA primarily due to one person: Obama. But nooooooo, it's not fast enough or far enough RIGHT NOW, therefore everything sucks and it's Obama's fault.If Mitt Romney or practically any Republican won the last presidential election, it is very likely that NO states would have legal marijuana right now, medical or recreational. And for that, I blame Obama.
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Comment #2 posted by The GCW on April 03, 2015 at 18:49:43 PT

Keep on Colorado and other chosen states...
Colo. lawmaker predicts ‘we will see cannabis clubs similar to bars’http://www.thecannabist.co/2015/04/03/colorado-rep-jonathan-singer-marijuana-q-a/32544/Q&A with Colorado state Rep. Jonathan Singer about marijuana issues, from regulating edibles and public consumption to criminal penalties and the potential impact of federal rescheduling.-0-I liked this Q & A session and it's a bit of fresh air. It's also an indicator why and how Colorado's approach is different than say N.Y.'s BS.

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Comment #1 posted by The GCW on April 03, 2015 at 17:17:38 PT

Obama's $200,000 per day habit!
"... the Obama administration has spent nearly $80 million each year -- more than $200,000 per day -- cracking down on medical marijuana."-0--And We're thankful for Obama...
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