Tuesday, June 9th, 2009 at 12:20 pm | By: Radical Russ
All of this brings to question whether those DEA letters sent to landlords warning of potential forfeiture actions and other penalties are still valid. Asked about the issue several weeks ago, a spokesperson for Attorney General Eric H. Holder did not give a clear answer about the Justice Department’s intentions.
When asked whether landlords who rent to medical marijuana cooperatives are still at risk of asset forfeiture, a U.S. Department of Justice official said it’s not a priority to target those who follow state laws. Department spokeswoman Laura Sweeney said in an email that “as part of the federal government’s efforts to best employ its resources, the Department focuses its investigative and enforcement activities involving marijuana on large-scale drug traffickers whose conduct is often inconsistent with both federal and state law.”
All of this, of course, comes as welcome news to medical marijuana advocates, who say that more than 300 letters were sent by the DEA to landlords in 2007 and 2008. “Since Obama has taken office, we have not seen any letters disseminated,” Americans for Safe Access spokesperson Kris Hermes said.
In case you don’t know about Civil Asset Forfeiture, it is one of the most insidious legacies of the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs. The basic idea was that if a drug kingpin bought boats, houses, and cars with his ill-gotten drug money, the government can seize those assets, sell them at auction, and use the proceeds to fight more bad guys. In reality it has meant low-level marijuana users losing their property over a seed or a joint.
In this instance, the feds have been trying to scare landlords in California by sending them letters threatening to seize any properties rented to medical marijuana providers, since in their view, those providers are just drug kingpins. This also touches on what was Joe Biden’s RAVE Act, the law that allows feds to seize properties used for drug distribution, like “E” at a rave or joints at a concert, whether the owner allows it or even knows about it or not. Worse, in a forfeiture action, you don’t even have to be charged with a crime – the property is charged with the crime, and it is guilty until proven innocent (e.g., you have to prove you didn’t buy that car with drug money).
Sunday, June 7th, 2009 at 4:20 pm | By: Dudemaster
On Friday, Attorney General Eric Holder, the head of the country’s Justice Department, answered questions about whether local growers have to worry about the feds.
The news was taken with some apprehension by those who live and grow pot in New Mexico, one of the 13 medical marijuana states where Marijuana is legal.
For two years, New Mexicans with a prescription to smoke have been doing so with fears that the federal government may knock on their door.
Attorney General Eric Holder told (New Mexico) Eyewitness News 4 on Friday that local growers should be safe under the current administration.
He said, “As we have indicated the focus of our efforts are on large traffickers— people who are engaged in drug trafficking in the way that we normally think of that word, that term.”
“For those organizations that are doing so sanctioned by state law and do it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration,” Holder said after a press conference announcing new strategies in fighting cross-border drug trade.
When asked about the possibility of federal legislation, Holder said, “Medicinal marijuana . . . that is something for the states to decide.”
The attorney general has laid it out for all Americans and for all state legislatures; in regards to legalizing Medical Marijuana the current administration policy is, ” That is something for the states to decide “.
NORML has been clamoring over the last few years to educate the public that we can win this war, the one against the people of this country, one state at a time. Now our Attorney General is making the same statement.
A medical marijuana dispensary at South Lake Tahoe has reopened, three months after shutting down following a raid by federal agents.
Patient to Patient Collective last week reopened next to its previous location, and plans to offer a full line of marijuana products to eligible patients.
Federal agents seized about 10 pounds of processed marijuana and a small amount of cash during January’s raid, but no arrests were made.
This is akin to the turtle poking his head out of his shell to look around and see if that little boy is going to try and cut it off again. In this metaphor, the little boy, Attorney General Eric Holder, promised not to target medical dispensaries, with provisions, and we are all waiting to see if he keeps his promise. With one exception, there have not been any further raids on dispensaries by federal troops.
But, therein lies the problem. The prohibition continues to fuel the black market, and the government has their finger on the grenade pin 24 hours a day, 7 days a week. At any time, the government can pull the pin and blow up every life involved in the legitimate cannabis industry in every medical marijuana state and people are scared.
[Therein lies another problem: the feds will only bust dispensaries that break state law, but the feds, not the state, get to decide if you broke state law. There are no state charges filed for breaking that state law, whatever it was, only federal charges. When you're facing federal charges in a federal court, you're not allowed to mention that you were following a state medical marijuana law. -- "R"R]
People are legitimately afraid of the federal government, and there are no protections for them. With only a small handful of congressional leaders willing to champion the cause, the entire House of Representatives have become a sniveling group of cowards afraid to lead their country because they believe their constituent support may suffer.
Contact your elected representative and let them know if they support medical marijuana laws then you will support them. They need to know who their support base is, then get active and get involved.
Thursday, April 23rd, 2009 at 6:11 pm | By: Radical Russ
LOS ANGELES (AP) – A judge has postponed sentencing for a Morro Bay medical marijuana dispensary convicted of 5 federal counts, including distributing the drug.
Charles Lynch was scheduled to be sentenced Thursday, but the judge delayed a decision until June 11 in federal court in Los Angeles.
The decision came after attorneys argued about what kind of prison sentence, if any, the 47-year-old should receive in light of statements made last month by U.S. Attorney General Eric Holder.
More time to build the political action necessary to force the Obama Administration to live up to the spirit of his promise to leave the states alone when it comes to regulating the practice of medicine.
At the end of two days of meetings with Mexican officials, Attorney General Eric H. Holder Jr. said that cooperation between the United States and Mexico was stronger and “fundamentally different than that which existed in the past.”
Sweet, what new methods are we going to try, AG Holder?
In their meetings with Mr. Calderón, Mr. Holder and the Secretary of Homeland Security, Janet Napolitano, discussed plans to provide training to Mexican canine teams, and to increase cooperation between the United States Coast Guard and the Mexican Navy to stop the increasing numbers of illegal immigrants and drug smugglers using the Pacific Ocean as a result of increased enforcement along the land border.
OK, I didn’t expect ‘legalize weed and burn one with my Mexican homies’. Go on …
And with marijuana sales central to the drug trade, Mr. Holder said he was exploring ways to lower the minimum amount required for the federal prosecution of possession cases.
Wait, what??? I thought you said ‘fundamentally different’? What is busting an end user of MexiBrickWeed with what amount now (a speck, weed breath, what) going to do to hurt the cartels? The only thing you’ll do is put more people that don’t deserve it into prison that we can’t afford to pay for.
Thursday, April 2nd, 2009 at 1:41 pm | By: Radical Russ
Assemblymember Tom Ammiano today reacted to a Drug Enforcement Agency (DEA) raid on a San Francisco marijuana dispensary—only a week after the Obama administration signaled it would cease the federal government’s practice of harassing cannabis clubs in states that have legalized the plant for medical use. Ammiano, who in February announced plans to present legislation to legalize and tax marijuana in California, said that the move may have been a warning to him and the Obama administration by what he called the “paramilitary” and “institutionalized” mentality of the DEA.
DEA agents raided Emmalyn’s California Cannabis Clinic on Wednesday, emptying the dispensary of marijuana, cannabis plants, grow lights, and other equipment along with patients. The agency would not cite a specific reason for the raid, saying the warrant is under court seal, but suggested that the dispensary violated state and federal law. Emmalyn’s, which had been operating with a temporary permit issued by the Department of Public Health, had been providing free marijuana to the poor on Wednesdays.
When Examiner.com asked if he thought the raid was a warning because of his legalization bill, Ammiano said he thought it was—but not just to him. He thinks the DEA was also challenging the Obama administration because of Attorney General Eric Holder’s pledge last week to leave cannabis clubs alone.
“They’re going to be very obstinate and very stubborn and do a lot of power tripping around this issue, so even though Eric Holder, the AG, said no more raids of marijuana dispensaries, they’re just going to take that on and see how serious everybody is,” Ammiano said. “It’s infuriating, and it’s also very dehumanizing for the patients who were there, and they just like to rub our nose in it because it’s San Francisco. I find it childish, but I also find it very dangerous.”
Initial reports stated that the feds may have considered sales tax problems as the state law being violated that led to the DEA raids. According to my sources, the California Board of Equalization and the San Francisco City and County have no pending investigation on Emmalyn’s nor any report of taxation issues.
Tune in to tonight’s Southern California Report with Tere Joyce as we speak with Degé Coutee from the Patients Advocacy Network, who has more details on the San Francisco Raid.
Wednesday, April 1st, 2009 at 4:54 pm | By: MrSpof
Washington, D.C. – Attorney General Eric Holder announced today that marijuana would be made legal once again under federal law. When questioned on this surprise action, Mr. Holder said
“It is imperative that we do this while President Obama is out of the country. Plus I’m holding, so there’s that too.”
Calls to the White House for a response from spokesman Robert Gibbs were initially not returned. When Gibbs was finally reached he giggled,
“Sorry, kept dropping the damn phone. Um, yes, what what’s his name … damn … Holder! That’s it, Holder. Yeah, that’s totally cool with us here. Anyway, that made making a change to a portion of the White House garden a priority. And you should see the clones we planted at the National Arbouretum. It’s gonna be swee …”.
The call (or phone) dropped again at his point.
Confirmation calls have been placed to President Obama who is in London for the G20 meetings with world leaders discussing the dire world financial situation.
Monday, March 23rd, 2009 at 3:07 pm | By: Radical Russ
President Barack Obama campaigned on a platform of ‘change.’ Two months into his Presidency, it is clear that this ‘change’ pertains to the way Washington governs U.S. marijuana policy.
Yesterday, U.S. Attorney General Eric Holder reaffirmed that he will not authorize federal justice resources to target or prosecute medical cannabis users or providers that are compliant with state law. Holder’s statements clarify remarks he made last month when he said that the Justice Department would uphold President Obama’s campaign pledge not to use the power of the federal government to circumvent state medical marijuana laws.
The Attorney General’s position stands in marked contrast to that of prior administrations. During George W. Bush’s eight years in office, federal law enforcement charged numerous state-sanctioned medical cannabis providers with federal law violations – many of whom are now serving sentences of five to ten years in prison. More commonly, U.S. Drug Enforcement Agents performed so-called “smash grabs” on state-authorized dispensaries, a tactic whereby federal agents would seize cash and but never press criminal charges. This latter policy was similar to the approach endorsed by the Clinton administration, which ordered the U.S. Justice Department to seek to civil injunctions against dozens of cannabis cooperatives in an effort to seize their assets and permanently close their doors.
But not everyone is pleased with the administration’s new ‘hands-off’ approach. Iowa Senator and longtime marijuana law reform opponent Charles Grassley immediately criticized Holder’s announcement, stating, “The first rule of medicine, first do no harm, is being violated by the attorney general by his decision.”
Grassley’s ideological opposition, though predictable, is offensive to those who support both science and the right of self-determination.
Contrary to the GOP Senator’s assertion, cannabis possesses an impeccable safety record. Marijuana’s active components, known as cannabinoids, are virtually non-toxic to cells and major organs, and are incapable of causing a lethal overdose. In 2008 investigators at McGill University in Montreal reviewed over 30 years of data on marijuana and “did not find a higher incidence rate of serious adverse events associated with medical cannabis use” compared to those who never used the drug. Even aspirin can’t make such a claim.
Further, Grassley’s arrogant allegations are an affront to the 72 million Americans who reside in the thirteen states where the use of medical cannabis is legal. They are equally objectionable to the 80 percent of voters nationwide who support the physician-supervised use of therapeutic cannabis.
Funny, last time I checked Chuck Grassley represented the state of Iowa and only the state of Iowa, which is not one of the states that have legalized the possession and use of medical cannabis under state law. Perhaps in the future Senator Grassley should stick to commenting specifically on those policies that directly impact the voters who he is elected to represent. When it comes to the laws that govern the lives and health of everyone else, the good Senator ought to simply mind his own business.
As of this posting, Paul’s once again proven to be the master traffic driver for The Hill’s blog; there are already 181 comments posted on this entry. For comparison’s sake, that is 181 comments more than every other post on the front page of The Hill Blog” combined.
Dispensers of Marijuana Find Relief in Policy Shift via NYT
We all welcomed the statements by Eric Holder halting raids on Medical Marijuana Dispensaries. But when a policy shift isn’t codified in a law you get different people interpreting the directive in different ways. It’s unclear that anything has actually changed at all.
A spokesman for the drug enforcement agency, Garrison Courtney, pointed out that the attorney general’s statement indicated that the federal authorities would continue to go after marijuana dispensaries that broke state and federal laws by selling to minors, selling excessive amounts or selling marijuana from unsanctioned growers.
So we can most likely expect more raids in the future; this is no moratorium. We can expect local and state law enforcement attempt to entrap dispensary owners with falsified recommendations, fake ID’s, and putting pressure to disclose their supply chain. But at least this is a start, and it appears that the Feds have bigger fish to fry.
Mark Agrast, a senior fellow at the Center for American Progress, a liberal-leaning research group in Washington, said Mr. Holder’s statement indicated a more pragmatic and less ideological approach to drug enforcement.
“This is an example of recognizing the limited resources they have, so they have to make decisions about the soundest use of available resources,” Mr. Agrast said.
The attorney general’s comments also indicated that the Justice Department would allocate greater resources for investigations of white-collar crime, including financial crime, and other enforcement areas that received less attention during the Bush administration.
Wednesday, March 18th, 2009 at 6:49 pm | By: Radical Russ
WASHINGTON (AP) — Attorney General Eric Holder signaled a change on medical marijuana policy Wednesday, saying federal agents will target marijuana distributors only when they violate both federal and state law. That would be a departure from the policy of the Bush administration, which targeted medical marijuana dispensaries in California even if they complied with that state’s law.
Holder did not spell out exactly who no longer would face the prospect of raids by the Drug Enforcement Administration. But he was quick to add that law enforcement officers will target anyone who tries to “use medical marijuana laws as a shield” for other illegal activity.
“Given the limited resources that we have, our focus will be on people, organizations that are growing, cultivating substantial amounts of marijuana and doing so in a way that’s inconsistent with federal and state law,” the attorney general said.
This is a promising development, but it still leaves the question of prosecutions already in progress of California distributors or growers who were in compliance with California law, like Charles Lynch. I’m also curious as to whether the federal DEA will work with California law enforcement to help ensure that dispensaries are operating within California law — does California get to decide the distributors are following state law, or does the DEA?
RevRayGreen: I'll post a pic of me and my son....gimme a minute
Missippi Hippy: Guess what... I'm gonna be a new... ummmmm well, my pet piggie Ganja is in labor and they ain't mine in the same sense. See what your wife [...]
RevRayGreen: days they didn't talk back..or act disrespectful..
RevRayGreen: feel so lucky my son is 18 going 19 and my daughter 16 going on 17..relish the days that can't talk back
Urb Age: Congrats Spof thats awesome. My little Clara is about to hit 20 months. Im not the activist I used to be, but its made me a better man.
Urb Age: Heck I was gonna go up there, but just not feeling well this weekend..Dang it, I hate it when that happens..
RevRayGreen: wishing I was hanging at NORML cafe...
JohnH: Just a quick comment about tokin' and sperm motility....been tokin since age 14 and have 8 kids ranging in age from 30 to 9...(what can I say, I found 2 [...]
slash5city: really ..oprah 35 yr or more in the closet toker ...outed ....o my god !!
SneakerPimp: that would be huge news just imagen the headline
RevRayGreen: maybe Oprah smokes and keeps it on the DL...
SneakerPimp: and good afternoon
mr reuben: I could do without seeing Rob K. on tv. But Bruce and Eithan get a big thumbs up from me.
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Feds may lift forfeiture threat from medical marijuana clinics
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