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Ban on Medical Pot Cases Quickly Lifted

vta

Active member
Veteran
By Scott Glover
Source: Los Angeles Times

medical Los Angeles, CA --The U.S. attorney in Los Angeles sent a confidential memo to prosecutors last week ordering them to stop filing charges against medical marijuana dispensaries, then abruptly lifted the ban on Friday, according to sources familiar with the developments.

U.S. Atty. Thomas P. O'Brien declined comment on what prompted him to issue the directive or to later rescind it.

O'Brien's decision to temporarily halt the prosecutions came two days after remarks by Atty. Gen. Eric Holder, who seemed to imply at a Washington, D.C., press conference that medical marijuana prosecutions would not be a priority for the Justice Department under President Obama.

A Justice Department official said Friday that the attorney general did not direct O'Brien or any other U.S. attorney to alter policies regarding the prosecution of such cases.

O'Brien's initial order was delivered in a memo by Christine Ewell, head of the U.S. attorney's criminal division, according to three sources who read the document, which was distributed by e-mail on Feb. 27.

In addition to being told to stop filing new cases, prosecutors were instructed to refrain from issuing subpoenas or applying for search warrants in pending cases, said the sources, who requested anonymity because they were not authorized to speak publicly about the matter. In fact, a few hours after the memo was circulated, Ewell sent out another e-mail admonishing prosecutors not to discuss the contents of the memo with anyone outside the U.S. attorney's office, the sources said.

Another e-mail came out Friday instructing prosecutors to resume work on medical marijuana cases. Despite the reversal, news of the temporary ban is likely to spark interest amid the ongoing national debate over medical marijuana. Thirteen states, including California, allow for the cultivation, use and sale of doctor-prescribed medical marijuana under certain conditions, according to the Marijuana Policy Project, an organization that supports the legalization of the drug. Federal law, which trumps those of the states, bans the drug altogether.

As a result, operators of dispensaries in California and elsewhere who maintain they were operating under state law have been raided by the Drug Enforcement Administration and charged under federal drug laws.

Such prosecutions have been controversial, with patients and supporters of the dispensaries complaining that operators embraced by their own communities were unfairly targeted. Thom Mrozek, a spokesman for O'Brien, has said that prosecutors target people they consider egregious offenders, such as those accused of selling drugs to minors or proprietors with past drug convictions.

One high-profile case went to trial in U.S. District Court in Los Angeles last summer. Charles Lynch, who sought and received the blessing of elected officials in Morro Bay before opening a dispensary in that Central Coast community in 2006, was charged with distributing more than 100 kilos of marijuana.

At trial, prosecutors portrayed Lynch, 47, as a common drug dealer who sold dope to minors and toted around a backpack stuffed with cash.

Lynch and his lawyers hoped to mount a defense based on the assertion that he was providing a legitimate service to cancer patients and other severely ill people. But they were limited in doing so because the U.S. Supreme Court has concluded that because federal law trumps those of the states, why drugs are being distributed is irrelevant.

Jurors convicted Lynch on five counts, but the jury forewoman said it was not easy to do so. "We all felt Mr. Lynch intended well," Kitty Meese said after the verdict in August. "It was a tough decision for all of us because the state law and the federal law are at odds."

Lynch, who is to be sentenced later this month, is facing a mandatory minimum of five years in federal prison. His case has become something of cause celebre among medical marijuana advocates.

Holder was asked about medical marijuana at a Feb. 25 press conference after the arrests of more than 50 alleged members of Mexico's Sinaloa drug cartel. Specifically, he was asked whether the DEA would continue raiding medical marijuana dispensaries under Obama's administration. He did not answer the question directly but said: "What the President said during [the] campaign . . . is now American policy."

Obama was asked about the topic numerous times during the campaign and responded with varying levels of specificity. Generally speaking, the campaign's position was that DEA raids would not be a high priority in states with their own medical marijuana laws on the books.

"The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind," Nick Shapiro, a White House spokesman, told the Washington Times last month. Shapiro declined to elaborate on Friday.

Alex Capron, a professor of law and medicine at USC, said the debate about medical marijuana centers on whether the drug is viewed exclusively as an illegal narcotic or a drug that also has legitimate medical applications.

"It has become a highly politicized issue as to whether it is something that is part of the doctor-patient relationship or something where the authorities have an obligation to protect the community from a dangerous drug," Capron said.

He added that he wasn't surprised that O'Brien would want to deliberate over his office's policy on such a matter in private.

"One the one hand, there's a very vocal constituency that wants this treated like a medical issue. On the other, there's a very vocal constituency that regards allowing medical marijuana treatment as a very slippery slope toward the legalization of drugs. He doesn't want to look like he's abandoning his commitment to law enforcement," Capron said.

Note: L.A.'s U.S. attorney declines to say why he ordered prosecutors to stop filing charges, then abruptly changed his mind.
 
T

theBluntedOne

i knew it was too good to be true. thanks for the update
 
B

Blue Dot

wow, VERY interesting

Thanks for always keeping us informed vta
 

islander420

Member
All this political BS is tiring. These guys obviously have something up they're sleeves.

I think the MPP needs to invest some money in a PR campaign in order to change the perceptions in people minds.

To say Marijuana is a dangerous drug is a blatant lie, and I would hesitate to trusts anyones judgments that believes so. But then again, they probably still believe in Santa Claus. IGNORANCE is the real danger!
 
J

JackTheGrower

They don't want to mess up the profits from the increase in cheep beer sales to the unemployed.

Some one might forgo alcohol and smoke marijuana you know.

----

Yeah I'm sad to read the turn tail thing.

BUT you did see how fast folks are to act to stop doing these horrible things to medical people if they think they have a green light.

My county is three years late in providing medical cards and they are going to bring it up in a meeting this week but i think they just want to extend comment time and add another year of waiting.

I will be going to the meeting. I'll be stating my opinions.

Never give up! Never surrender!

Jack
 

Thundurkel

Just Call me Urkle!!
Veteran
So wait a minute I thought that Obama changed the policy??? Like he actually signed papers taking away the funding for the feds to do the raids saying they have no business in state issues??
 

Hazelnut

New member
Have there been any raids as of recent in Cali?

That might be what matters for now, until we can get some new, specific, concrete "news".

Hope it doesn't make them go for a big final sweep to fill up their budget. We are easy to steal from in that regard.
 

catman

half cat half man half baked
Veteran
I know it's cliche to say, but the only way we can really speed things up to legalize is to take to the streets and bombard the phone lines and email in boxes of our politicians. Every time I hear about MMJ on the internet I see the public supports it 55-90%, but on the Tele it is 46%.. We are getting close, but we need to get off the computer and spread the world in other means! I agree with islander420, NORML needs our donations so they can put commercials on TV!
 

Hazelnut

New member
Any word?

A trusted friend in D.C. that works on the hill told me that he hears a lot of people saying that "...Once 20 or more states have passed legislation for medical use, MOST of the other states will soon follow..."

He said it all comes down to $ at the end of the day in Washington, so if a prop. or bill can show that the taxes can offset the cutbacks in law enforcement(unemployment, severance, etc.) then it most likely will go through.

I think if Obama is re-elected we will see it happen in his second term.
 

SCF

Bong Smoking News Hound
Veteran
Thanks for this post! Love to read all of your thoughts. People amaze me sometimes.

SCF
 

Mackawber

Member
Who's pulling who's strings

Who's pulling who's strings

Yes there has been a dispensary bust since Eric the red made his pontification. And Obozo himself dissed the online community with his press conference last week saying "this says something about the online audience" and "were not going to legalize marijuana".

What did you Obozo supporters think would happen? You jumped on his bandwagon and now that you've discovered it's a garbage truck you're in denial. "but Obama said" as they haul the owner/operators away. The press will yawn. Obama's loyal dumbass supporters get thrown under his grim reaping bus again and shout "thanks!" as he gets away with it.

And I snicker "I told you so". :laughing:
 

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