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strungout7
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    10/19/09 at 02:11 PM
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Justice Dept. to Stop Pursuit of Medical Marijuana Use

Published: October 19, 2009

WASHINGTON — People who use marijuana for medical purposes and those who distribute it should not face federal prosecution, provided they act according to state law, the Justice Department said on Monday in a directive with political and legal implications.

In a memorandum to federal prosecutors in the 14 states that allow the use of marijuana for medical purposes, the department said it was committed to the “efficient and rational use” of its resources and that going after individuals who were in “clear and unambiguous compliance” with state laws did not meet that standard.

At the same time, the department emphasized that it would continue to pursue those who use the concept of medical marijuana as a ruse for drug trafficking. “Marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels,” the department said in pledging that prosecuting the makers and sellers of illegal drugs, including marijuana, would remain a “core priority.”

The Justice Department policy statement, foreshadowed since shortly after President Obama took office, was laid out on Monday in an announcement by Attorney General Eric H. Holder Jr., who made public a memo from David W. Ogden, the deputy attorney general, to the United States attorneys in the affected states, most notably California.

The announcement formalizes the Obama administration’s departure from the policies of former President George W. Bush, under whose administration federal agents raided medical marijuana distributors that violated federal statutes, even if the distributors appeared to be complying with state laws.

Advocates of medical marijuana say the substance can reduce chronic pain, nausea and other ailments associated with cancer and other serious illnesses. In 1996, California became the first state to make it legal to sell marijuana to people with doctors’ prescriptions. The other states that allow some use of marijuana for medical purposes are Alaska, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

“This is a major step forward,” said Bruce Mirken, communications director for the Marijuana Policy Project, which supports legalizing the substance. “This change in policy moves the federal government dramatically toward respecting scientific and practical reality.”

The Justice Department indicated that the memo should not be interpreted as legalizing marijuana. “Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion,” the department said.

But there will inevitably be clashes, in political arenas and in courtrooms, over what constitutes “clear and unambiguous compliance” with state laws, and whether marijuana distributors ostensibly in business to provide the substance for medical use are being infiltrated by drug cartels.

Solomon Moore contributed reporting from Los Angeles.

=====================

Department of Justice shifts medical marijuana strategy

                                                                                       

The Department of Justice released formal guidelines on medical marijuana to federal prosecutors Monday, signaling a shift away from prosecuting facilities that provide legal marijuana and the patients themselves.

Attorney General Eric Holder said federal prosecutors should instead focus their efforts on major drug traffickers, and those who claim their activities are covered by state laws that allow medical marijuana use.

“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,” Holder said in a statement.

“This balanced policy formalizes a sensible approach that the Department has been following since January: effectively focus our resources on serious drug traffickers while taking into account state and local laws.”

Fourteen states have laws on the books addressing the use of marijuana for medical purposes, among them California, Michigan, Hawaii and Colorado.

Deputy Attorney General David W. Ogden sent out the directive to U.S. attorneys, stressing the administration is not legalizing marijuana use broadly.

But he warned that some medical marijuana dispensaries could try to mask illegal activities by claiming legal status. “Federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department’s core enforcement priorities,” Ogden said.

Ogden said that prosecution of marijuana cases remains a “core priority” of the Justice Department. Marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels, according to the department.

"This is a huge victory for medical marijuana patients," Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization said in a statement. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration.”

The group noted that more than 200 federal raids occurred in California alone under the Bush administration alone.

Asked if the new directive is a way to signal to states that medical marijuana should be legal, Press Secretary Robert Gibbs said that the new memo, “adds guidelines to a decision that Attorney General Holder talked about in mid-March and has been administration policy since the beginning of this administration in January.”

“I’m not going to get into what states should do,” he said.



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strungout7
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    11/23/09 at 09:20 AM
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Support for legalizing marijuana grows rapidly around U.S.

Approval for medical use expands alongside criticism of prohibition


               
                               
                                       
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Washington Post Staff Writer
Monday, November 23, 2009

The same day they rejected a gay marriage ballot measure, residents of Maine voted overwhelmingly to allow the sale of medical marijuana over the counter at state-licensed dispensaries.

Later in the month, the American Medical Association reversed a longtime position and urged the federal government to remove marijuana from Schedule One of the Controlled Substances Act, which equates it with heroin and cocaine.

A few days later, advocates for easing marijuana laws left their biannual strategy conference with plans to press ahead on all fronts -- state law, ballot measures, and court -- in a movement that for the first time in decades appeared to be gaining ground.

"This issue is breaking out in a remarkably rapid way now," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Public opinion is changing very, very rapidly."

The shift is widely described as generational. A Gallup poll in October found 44 percent of Americans favor full legalization of marijuana -- a rise of 13 points since 2000. Gallup said that if public support continues growing at a rate of 1 to 2 percent per year, "the majority of Americans could favor legalization of the drug in as little as four years."

A 53 percent majority already does so in the West, according to the survey. The finding heartens advocates collecting signatures to put the question of legalization before California voters in a 2010 initiative.

At last week's International Drug Reform Conference, activists gamed specific proposals for taxing and regulating pot along the lines of cigarettes and alcohol, as a bill pending in the California Legislature would do. The measure is not expected to pass, but in urging its serious debate, Gov. Arnold Schwarzenegger (R) gave credence to a potential revenue source that the state's tax chief said could raise $1.3 billion in the recession, which advocates describe as a boon.

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There were also tips on lobbying state legislatures, where measures decriminalizing possession of small amounts have passed in 14 states. Activists predict half of states will have laws allowing possession for medical purposes in the near future.

Interest in medical marijuana and easing other marijuana laws picked up markedly about 18 months ago, but advocates say the biggest surge came with the election of Barack Obama, the third straight president to acknowledge having smoked marijuana, and the first to regard it with anything like nonchalance.

"As a kid, I inhaled," Barack Obama famously said on the campaign. "That was the whole point."

In office, Obama made good on a promise to halt federal prosecutions of medical marijuana use where permitted by state law. That has recalibrated the federal attitude, which had been consistently hostile to marijuana since the early 1970s, when President Richard Nixon cast aside the recommendations of a presidential commission arguing against lumping pot with hard drugs.

Allen St. Pierre, the executive director of the National Organization for the Reform of Marijuana Laws, said he was astonished recently to be invited to contribute thoughts to the Office of National Drug Control Policy. Obama's drug czar, Gil Kerlikowske, was police chief in Seattle, where voters officially made enforcement of marijuana laws the lowest priority.

"I've been thrown out of the ONDCP many times," St. Pierre said. "Never invited to actually participate."

Anti-drug advocates counter with surveys showing high school students nationwide already are more likely to smoke marijuana than tobacco -- and that the five states with the highest rate of adolescent pot use permit medical marijuana.

"We are in the prevention business," said Arthur Dean, chairman of the Community Anti-Drug Coalitions of America. "Kids are getting the message tobacco's harmful, and they're not getting the message marijuana is."

In Los Angeles, city officials are dealing with elements of public backlash after more than 1,000 medical marijuana dispensaries opened, some employing in-house physicians to dispense legal permission to virtually all comers. The boom town atmosphere brought complaints from some neighbors, but little of the crime associated with underground drug-dealing.

Advocates cite the latter as evidence that, as with alcohol, violence associated with the marijuana trade flows from its prohibition.

"Seriously," said Bruce Merkin, communications director for the Marijuana Policy Project, an advocacy group based in the District, "there is a reason you don't have Mexican beer cartels planting fields of hops in the California forests."

But the controversy over the dispensaries also has put pressure on advocates who specifically champion access for ailing patients, not just those who champion easing marijuana laws.

"I don't want to say we keep arm's length from the other groups. You end up with all of us in the same room," said Joe Elford, counsel for Americans for Safe Access, which has led the court battle for medical marijuana and is squaring off with the Los Angeles City Council. "It's a very broad-based movement."


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