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Old 10-24-2009, 09:51 PM #1
jessrabit
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Department of Justice memo Oct 19, 2009.

https://news.yahoo.com/s/ap/20091019/...ical_marijuana
This was in another forum. I feel it is something that would benefit indept discourse by all, not just those holding favorable opinions.

While the other discussion had really good information, personalities became conflicted and the spirit of dialogue and informative debate was lost.

What I understand of this memo is it will not be a priority for Federal Enforcement money to be granted in the prosecuting of medically approved marijuana patients and their approved providers.

After reading it several times I feel that the last part of the statement stands in conflict with what is perceived to be good news.

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.

Here is the direct link to the memorandom ladies.
How do you all interpret this? What are your thoughts? Insights?
https://blogs.usdoj.gov/blog/archives/192
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Old 10-24-2009, 09:58 PM #2
Tony Aroma
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Until the CSA is changed or cannabis is rescheduled, this or any statement from the president, the AG, or anybody else is mostly meaningless. The DEA will continue to go after anyone they please, and why not? They're just enforcing the law. Just look at what's been going on in CA over the past few months if you want proof.

On the other hand, you could look at statements like this as baby steps toward a real (future) change.
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Old 10-28-2009, 03:34 AM #3
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I pretty much agree with what you have stated. It is clear that until Cannabis is rescheduled pursuit of prosecution for MJ offenses will continue.
Sorry the ladies don't have more insights into this. I would love to hear more about the questions this memo raises.
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