WASHINGTON (Huffington Post) — 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.
A three-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.
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.
This is a fantastic development that puts onto paper what Obama and Attorney General Holder have already said previously. However, remember that according to San Diego DA Dumanis, dispensaries are “nothing more than for-profit storefront drug dealing operations run by drug dealers hiding behind the state’s medical marijuana law.” According to Los Angeles DA Cooley, “about 100%” of dispensaries are not “in strict compliance with state laws.” In other words, does Obama’s memo rely on the feds to decide whether someone is following state law, or will the DEA come a-runnin’ every time some anti-pot district attorney has a hare-brained theory that all dispensaries are illegal? Time will tell.
What we really need is to have this policy enshrined into law. Please call your federal representatives today and urge them to co-sponsor HR 2835, The Medical Marijuana Patient Protection Act.
Topics: Attorney General, Bonnie Dumanis, dispensaries, drug enforcement administration, Huffington Post, justice department, Los Angeles, Obama Administration, San Diego, Steve Cooley
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While I find this encouraging I have to keep reminding myself that this rug has been pulled out from under me before.
It should be noted that
A. This is a “policy” memo and policy is NOT law.
B. It is written in such a way that it can be recinded on a whim.
Celebrate carefully
[...] It’s Official: Obama Admin will not raid state-compliant medical marijuana facilities [...]
I like the fact that even the local news is covering this. From that point of view this policy shift is a very good thing indeed. Nothing we do could get this kind of positive exposure. It has everyone talking about legalization, regulation and taxation of cannabis.
If he is waiting for a second term, he’s making a huge gamble. Im one that supported him because of statments like “Our marijuana laws need dercimialized” and “I think the federal governement has better things to do than arrest sick americans” or “we should base our policies on science” or something like that.
These statements pulled in a lot of pot smokers votes but he has realy let me and others down. I was done with him the day he made a joke out of the Number One issue in his online town hall poll, not only that but three of the top ten were about pot and he blew us off. We helped get him elected and yet he make a joke out of us for asking a question?
Well for me Im done and I will not vote for him and many fell the same way. If he is waiting then he will lose even more of our votes. If his election showed anything it was that the internet community and us, marijuana users, are a huge part of winning an election inthe sist century.
We shall see, but a promise of legalization will not cut it this time for me. IMO his only chance to gain all the smokers votes back is if he ends prohibition this term! Any wait past today is a day too late to end the suffering of so many. He best look at what he needs to prove to us, not what he needs to promise for re-election.
Sorry so long guys!
While feckless seems to have a reasonable bone to pick with federal agencies, I’m kind of at a loss when trying to understand his comments. The president may or may not have the power to legalize marijuana outright, but he CAN do what he just did, which is loosen one of the screws on the federal clamp we’re all in.
The idea that our president is a dictator that can just issue mandates and declarations of law is troubling enough, but that’s not what this is. Apparently, this is the opposite of that. It is a positive move that runs the risk of bringing people together… which can also be positive.
He’s left it up to the states. Can anybody say “federalism?” He’s also removed the go-to excuse many state lawmakers run to when confronted with the marijuana issue.
The timing is curious, though. This memo comes only a few days after the CA DA declared his own war on medical mj, but at least the war on (some) drugs will be fought at the local level. The DA’s argument will likely be framed around how well medical marijuana purveyors are doing financially, that the money they’re making is from consideration and not tips, and that over-the-counter sales was not provided for in Prop 215. Suddenly, at the state level, there will be residents of CA, whose intention was to operate within the law but will be magically transformed into criminals.
If Obama’s move is a step toward legalization, then I applaud it. If its just a move to have both (both legal AND illegal marijuana) then he’s just set the table for more of the same. In other words, unless you sign the proper forms, carry the proper identification, and your name can be found on “the list,” you can still be arrested and imprisoned, though not by the federal government any more.
I just hope that CA legalizes it in their state so we can continue the national legalization debate. If CA legalizes it, the Supreme Court will be tried again, and when that happens, Federal Law will trump State Law. It all depends on the Supreme Court.
I agree that Congress needs to do something. Don’t hold your breath. Congress is a slow, clumsy thing. It was meant to be. It should be. It should be hard to pass crazy laws. Its Congress’s definition of insanity that has to change…
*fallibust… not feckless… iono where i came up with that name…
he will go for legalization bit for re-election after citing all the progress that has been pulled by him in the short amount of time
Where’s a copy of the memo? I want to read!
let me say the dark side of my mind says maybe the powers that be are about to let it go and to collect the trillions to come Anything made from oil coal gas can be made from hemp Hemp is an economy by itself
http://www.examiner.com/x-26780-Boston-NORML-Examiner~y2009m10d19-Obama-protects-some-medical-users-from-prosecution
Why protect only some medical users? While others with the same conditions go unprotected based on where they live?
yes we cannabis. and now we are on the right road for the first time sence 1972. we will see it real soon.
More evidence of his fecklessness: President Hope-n-Change still allows the reckless, irresponsible, venal cowboys at DEA to do dumb shit like this.
We don’t have enough money to waste on this.
The Obama administration can’t be trusted because the bureaucracy has a mind of its own and (2) the President/Nobel Peace Prize recipient lies all the time because (3) he’s afraid of being called soft on drugs.
Let’s go to the relevant links:
In simple language, President Obama is too chickenshit to do what’s right.
It’s time to call off the federal government.
[...] it’s official! See the story at national NORML’s website. Possibly related posts: (automatically generated)Oakland airport allows medical marijuana patients [...]