Obama to Stop Feds Going after Medical Marijuana

[Skip]

The Obama Administration today issued new rules regarding Federal prosecution of medical marijuana providers and users. The rules state that Federal agencies must reorder their priorities and not go after anyone complying with state medical marijuana law, including patients and suppliers.

At last this clarifies the administration's position as Federal raids have continued to create controversy in places like California and Colorado where medical marijuana is legal. Hopefully this will ensure that localities that claim that Federal law trumps state law on medical marijuana will no longer be able to use that claim to keep collectives and dispensaries out of their districts. Under Proposition 215, California localities are instructed to allow safe access to medical marijuana for their patients.

The memo does instruct prosecutors to continue to pursue marijuana cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or other crimes.

http://www.huffingtonpost.com/2009/10/19/new-medical-marijuana-pol_n_325426.html

Thanks to everyone else who posted up this article (if you'd posted a summary instead of just a copy/paste or link, I'd have used it).

 

[Moldy Dreads]

To Me PVR said it best -

this is good news... everyone else in the world will be obliged to recognize the medicinal qualities of our good herb

To me that is step #1, aside from helping State Judges really study hard before convicting innocent patients.


They do need to stop using their shortfalls in managing Mexican Cartels though as some sort of propaganda that Cannabis is "bad", stop blaming Cartel activity on Cannabis.

It's the repeat criminal, the Cartels, not the Cannabis that is the problem. If beef jerky was illegal, the Cartels would slang it to Americans the same way!

I think this is great for society in general to recognize Cannabis as having medicinal and therapeutic value, and with time the image of a dangerous weed will dissapear..

 

[pip313]

I'm not impressed he could have signed an execitive order but instead he sends a memo "suggesting" it's a waste of manpower. What does this do for me because it seems like another Obama attempt to make everyone happy yet falls short acually getting somthing done. If your in compliance with state laws and a rouge city prosecutor charges you this won't do anything for you. And that's the concern of the majority of med patients, I fear nothing from the feds because I am small time but the local cops whom don't even know the law those are the ones to worry about.

I had local law enforcement tell me that because someone lives in my house with me they had the right to enter my locked grow area and distroy my plants, then laughed at me when I told them I wished to press charges for distruction of property.

And now I am facing unrelated charges because the police bullied someone whom made a complaint against me into pressing charges but it's funny how the complaint was made weeks before charges were filed and charges were filed only after they learned about my med card (only known one in the city)

 

[Sleepy]

so will people like Eddy Lepp have their cases reversed??

how about all the $$ they spent defending themselves??

i guess its a step in the right direction...albeit a small step.

you gotta walk before you run.

 

[Grat3fulh3ad]

Every step in the right direction is a good step.

Legalization is going to be a process not an event.

 

[Apollonia]

I just wanted to say - even though this does not effect me personally - I'm in the midst of my first grow - just started flowering yesterday (!!!!!) and I was very happy to wake up to this news, we're on our way. It's cruel to persecute sick people & their caregivers - just because it's legal doesn't make it right.

 

[Skip]

so will people like Eddy Lepp have their cases reversed??

how about all the $$ they spent defending themselves??

i guess its a step in the right direction...albeit a small step.

you gotta walk before you run.

Eddy was never allowed to enter evidence showing his grow was legal under Prop 215, because the Feds didn't acknowledge medical mj during his trial. Perhaps this sudden "recognition" and acknowledgment will in itself give Eddy some basis for appeal.

I learned recently that evidence was submitted from all those whose medicine was grown on Eddy's land, but it magically "disappeared" between attorneys. It's become quite evident that Eddy's own public defender was in cahoots with the prosecutor on this case. His case was decided before the trial...

Indeed the most important result of this "memo" is that it clearly states that the FEDS acknowledge that there are MEDICAL USES OF MARIJUANA! Or at least that states have the right to make that determination.

In any case, this means that evidence of medical marijuana use or supply can now be entered into Federal Court!

THAT IS A HUGE DIFFERENCE NOW! Especially for anyone needing to defend themselves against the Feds.

 

[707Corridor]

Just saw this on Drudge. Huge headline...that means it should be a pretty big story around the country today then.

Your right Skip, Eddy's who trial did seems fishy. Hopefully this leads to him and everyone wrongfully prosecuted some help in appealing their case.

 

[Grat3fulh3ad]

Eddy was never allowed to enter evidence showing his grow was legal under Prop 215, because the Feds didn't acknowledge medical mj during his trial. Perhaps this sudden "recognition" and acknowledgment will in itself give Eddy some basis for appeal.

I learned recently that evidence was submitted from all those whose medicine was grown on Eddy's land, but it magically "disappeared" between attorneys. It's become quite evident that Eddy's own public defender was in cahoots with the prosecutor on this case. His case was decided before the trial...

Indeed the most important result of this "memo" is that it clearly states that the FEDS acknowledge that there are MEDICAL USES OF MARIJUANA! Or at least that states have the right to make that determination.

In any case, this means that evidence of medical marijuana use or supply can now be entered into Federal Court!

THAT IS A HUGE DIFFERENCE NOW! Especially for anyone needing to defend themselves against the Feds.

The way I see it it will not affect any past actions taken by the government, from a 'legal defense' standpoint... Lawyers are better at dissecting language than I, however, so maybe there is hope for eddy...

This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter.

 

[headband 707]

so will people like Eddy Lepp have their cases reversed??

how about all the $$ they spent defending themselves??

i guess its a step in the right direction...albeit a small step.

you gotta walk before you run.

I'm with you 100% it's a step in the right direction yes but we might regret them being in our business for one. The next is get these ppl they have put in jail out right now!! They gave Elite Genetic 40 years a couple of months ago. Get Eddy Lepp out now this system is not about whats right it's about who is making the money and who has the power.It's been corupt for so long and we have just bent over and taken it up the ass. I don't understand how they got away with this for so long with no one challanging them with an IQ higher then 90. Obama admin is moving in this dirrection because he has no choice. Pot is proving helpful in breast cancer reaseach and he can't stop that. peace out Headband707

 

[pugnacious]

Damn. Too bad it doesnt really apply to me. Im dealing with the LA DA situation. But in general its very good to see Obama own up to this.

HEY OBAMA YOU SO FINE YOU SO FINE YOU BLOW MY MIND
HEY OBAMA!

 

[Madrus Rose]

Pugnacious ,, LOL !
yep , front page headline on Drudge Report....
http://www.drudgereport.com/

Link to report..lets hope the man takes a stand ...
http://apnews.myway.com/article/20091019/D9BE5D2G0.html


*~*~*~*~**~*~**~*~*~*~**~~*~**~**~*~*~*~**~~*

 

[fatigues]

While this is, to a degree, positive news, you are ignoring the huge impact that the California Supreme Court's ruling in People v. Mentch has had on the entire subject of medical marijuana in California.

Mentch stands for the principle that there are only two classes of person who can receive protection under both Prop 215 and SB420. In both cases, that means:

1) a patient; and,
2) a primary caregiver

Mentch defines a caregiver, under BOTH Prop 215 (the CUA) and SB 420 as someone who has a pre-existing responsibility for the care and well being of a patient. The relationship must be a consistent one, of close proximity, and extends beyond providing medical marijuana. The people who are covered by primary caregiver are spouses, close family members, a doctor, nurse or hospice care worker. And that is about it. Finis.

You will observe that is a VERY restrictive list. And the relationship must have been in place before medical marijuana ever entered into the picture.

A caregiver is, under no circumstances, somebody who you simply appoint as your grower, or as someone in a dispensary who supplies MMJ to you, or any of a host of other contrivances that people have used over the course of years to designate a “primary caregiver”.

That's it and that's all. There are no other people who can shelter under Prop 215 or SB 420 other than patients and primary caregivers (and those who might tangentially assist either of them).

The infamous Guidelines from the Attorney General's office were released before the decision in People v. Mentch was published nearly 11 months ago. The guidelines, which never had the force of law, are woefully out of date and do not consider the application of Mentch to SB420.

Dispensaries, delivery services, and the overwhelming majority of co-ops and collectives (in terms of how they are organized) were ended at a stroke by Mentch. That isn’t because Mentch decided issues about profit, non-profit and who does what to whom for how much. Mentch cut through all of that with a light sabre. In order to even advance those legal arguments concerning the finer details of dispensary and collective organization under the law, the defendant who has been charged wit ha crime must either be acting as 1) a patient or 2) as a primary caregiver, in relation to the offense. If the defendant cannot meet the basic requirements of that legal definition, the courts do not even have to consider the balance of those defendants’ legal arguments.

So with respect to Eddy Lepp? He could not meet the test set down in Mentch of being a primary caregiver. Not a chance. Under Mentch, he's guilty under the laws of California. Period. That may be a bitter pill to swallow for many people here – but that’s the result applying the legal test set down in People v. Mentch. As Eddy Lepp was not a caregiver, he cannot shelter under any aspect of Prop 215 or SB 420 in relation to the grow op. He was guilty.

And so it goes for the vast majority of all these cases. The same result will be found in cases that have never been brought. Lee's dispensary in Oakland? For a certainty, Lee can't meet the test under Mentch, either. If the D.A. wanted to go after Richard Lee - he'd be in handcuffs in an hour. Yes. Really.

Mentch changed the law in a fundamental way. It is a decision of staggering importance concerning the fledgling medical marijuana industry in California that, to be honest, the overwhelming majority of people posting here simply don't appreciate at all.

So at this point, it's of small assistance that the Federal government says it won't prosecute medical marijuana cases in which the individuals involved “are in compliance with state law”, when the state law as set down in Mentch exposes 99% of California dispensaries, collectives, co-ops, and their owners, employees, and growers to prosecution under that state’s laws. That’s not a guess folks. That is an accurate statement concerning the existing law.

The reason why the dispensaries across the entire state of California have not been shut down has nothing to do with their being in compliance with state law, because under Mentch, they are not. Instead, it has everything to do with the lack of political will to want to actually do it.

That's a very significant distinction. After Mentch, the whole medical marijuana industry in California has been living on borrowed time. Seen in that light, this latest announcement from Washington, changes absolutely nothing.

 

[*mistress*]

21 usc 801
21 usc 841

still in effect...

executive branch cannot void act of cong... separation of powers...

it does not rule out the possibility that the federal government could still prosecute someone whose activities are allowed under state law.

Read more at: http://www.huffingtonpost.com/2009/10/19/new-medical-marijuana-pol_n_325426.html

 

[medmaker420]

its nothing more than fluff, just like everything else he said he would "Change". Everything he has actually done is WATERED down like a mother fucker.

look at his troop removal NOW versus what he SAID he would change during the election itself.

Look at ANYTHING this guy has done or actually NOT done.

change my ass.

He will soon join the ranks with Bush being a shitty prez.

 

[Skip]

Good post fatigues. I read the entire ruling. All the more reason to LEGALIZE IT!

Want to be able to sell cannabis to those in medical need? LEGALIZE IT!

 

[ChiHealthAlt]

To all of you in Illinois. SB 1381 is on the table in the state house of representatives. It has already passed the state senate. This our chance to take a major step in this fight for legalization. CONTACT YOUR STATE REPS ILLINOISIANS!

VOTESMART.ORG or http://www.ilga.gov/house/

 

[Payaso]

Here's the exact text from the DOJ:

MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden - Signature of David Ogden
Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.
The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.
The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources. In general, United States Attorneys are vested with "plenary authority with regard to federal criminal matters" within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are "invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority." Id. This authority should, of course, be exercised consistent with Department priorities and guidance.
The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core enforcement priorities.
Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:
• unlawful possession or unlawful use of firearms;
• violence;
• sales to minors;
• financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
• amounts of marijuana inconsistent with purported compliance with state or local law;
• illegal possession or sale of other controlled substances; or
• ties to other criminal enterprises.
Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department's authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not "legalize" marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.

Finally, nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests.
Your offices should continue to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement authorities, and the Principles of Federal Prosecution.
cc: All United States Attorneys
Lanny A. Breuer Assistant Attorney General Criminal Division
B. Todd Jones
United States Attorney
District of Minnesota
Chair, Attorney General's Advisory Committee
Michele M. Leonhart Acting Administrator Drug Enforcement Administration
H. Marshall Jarrett
Director
Executive Office for United States Attorneys
Kevin L. Perkins
Assistant Director
Criminal Investigative Division
Federal Bureau of Investigation

 

[karmasabitch]

Here's what still sucks: I live in New York where Medical Marijuana is still illegal. My doctor gives me so much morphine and I'm so wrecked all the time I can hardly function. However if I don't take the morphine I can't move.So I take the morphine and have a degree of physical independence. I'm not independent of the morphine though every six to eight hours I need my dose. Not to mention the dose has become larger due to the way opiates and body tolorence work. Whenever I get a chance to use Medical Marijuana for three or four weeks my morphine use goes down to almost zero. I wonder if the Federal goverment would take that into effect in New York state? Thus allow Medical use in states where Medical Marijuana is still illegal?

 

[karmasabitch]

Maybe now that they stopped wasting their time and the taxpayers money chasing Medical Marijuana users they will do the right thing. They can go get some REAL criminals and terroists. Go get em Feds. Annihilate all al queda and taliban pigs.