URL: http://www.mapinc.org/drugnews/v10/n167/a05.html
Source: Gazette, The (Colorado Springs, CO)
Author: Wayne Laugesen
AN OPEN LETTER TO AG ERIC HOLDER
Dear Attorney General Holder:
The Colorado Springs Gazette, Colorado's second largest daily newspaper, respectfully joins four Colorado politicians who wrote to ask that you rein in your Drug Enforcement Administration officers in Colorado. They've acted with disrespect for the voters of Colorado to undermine our state's constitutional right to buy, sell, produce and consume medical marijuana. Their actions have undermined sincere efforts by state and local politicians to achieve responsible medical marijuana regulation
As you know, Colorado voters amended their state constitution in 2000 to allow for medical marijuana. That means law enforcement cannot interfere with the lawful growth, distribution or sale of marijuana intended for medical use.
This is common sense. A constitutional amendment to protect the consumption of medical marijuana means nothing if law-abiding citizens cannot grow, distribute and sell the plant for acquisition by qualified patients with recommendations from licensed physicians.
Despite claims to the contrary, this is more than a matter of common sense. Our constitution spells out the right to acquire, possess and produce medical marijuana: "'Medical use means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition."
It doesn't get any clearer than that. In Colorado, constitutional law specifically prohibits law enforcement from interfering with the "acquisition" of marijuana. Acquisition of any good usually involves a buyer/seller arrangement. To slightly alter a phrase coined by the late economist Milton Friedman about free lunches: There ain't no such thing as free medical marijuana. Most users must buy it.
The constitution prohibits law enforcement from interfering with the acquisition, production, transportation and use of marijuana if the product is even "related" to medical care.
Without the right to produce, distribute and sell alcohol we would still have prohibition, which is forbidden by the United States Constitution. Without the right to produce, distribute and sell guns, the Second Amendment to the Constitution would be meaningless. Therefore, attempts by authorities to pick apart Colorado's constitutionally protected right to medical marijuana, looking for loopholes created by make believe ambiguity, are dishonest. One does not have a constitutional right to medical marijuana if federal agents raid, threaten and arrest people who grow, distribute and sell the product.
Mr. Holder, it was your office that released a memo Oct. 19 that announced, in clear terms, the federal government's intentions to respect medical marijuana protections in Colorado and other medical marijuana states. The memo, penned by Deputy Attorney General David Ogden to all U.S. Attorneys, states: Prosecution of "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." The memo says prosecution will continue against "commercial enterprises that unlawfully ( emphasis ours ) market and sell marijuana for profit..."
Again, our constitution specifically guarantees qualified patients the right to use marijuana for medicinal reasons.It specifically legalizes the acquisition ( therefore sale ) and production.
We can't have a state constitution that protects the right of medical marijuana use, and a written policy from your office that expresses respect for that right and rogue federal agents on a crusade to undermine our constitution and the Obama administration's written intention to respect state laws.
This request, respecting the written intentions of your office, comes from a conservative/limited government editorial page that serves one of the most conservative cities in the United States. A majority of Coloradans -- conservatives, liberals and moderates alike -- are mostly pleased with their state's medical marijuana law and the Obama administration's written decision to respect it.
Please, Mr. Holder, call off these agents and let our state and local elected officials work this out. Coloradans will respect you immensely for doing so.
Respectfully,
Wayne Laugesen,
editorial page editor,
for The Gazette's editorial board
Source: Gazette, The (Colorado Springs, CO)
Author: Wayne Laugesen
AN OPEN LETTER TO AG ERIC HOLDER
Dear Attorney General Holder:
The Colorado Springs Gazette, Colorado's second largest daily newspaper, respectfully joins four Colorado politicians who wrote to ask that you rein in your Drug Enforcement Administration officers in Colorado. They've acted with disrespect for the voters of Colorado to undermine our state's constitutional right to buy, sell, produce and consume medical marijuana. Their actions have undermined sincere efforts by state and local politicians to achieve responsible medical marijuana regulation
As you know, Colorado voters amended their state constitution in 2000 to allow for medical marijuana. That means law enforcement cannot interfere with the lawful growth, distribution or sale of marijuana intended for medical use.
This is common sense. A constitutional amendment to protect the consumption of medical marijuana means nothing if law-abiding citizens cannot grow, distribute and sell the plant for acquisition by qualified patients with recommendations from licensed physicians.
Despite claims to the contrary, this is more than a matter of common sense. Our constitution spells out the right to acquire, possess and produce medical marijuana: "'Medical use means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition."
It doesn't get any clearer than that. In Colorado, constitutional law specifically prohibits law enforcement from interfering with the "acquisition" of marijuana. Acquisition of any good usually involves a buyer/seller arrangement. To slightly alter a phrase coined by the late economist Milton Friedman about free lunches: There ain't no such thing as free medical marijuana. Most users must buy it.
The constitution prohibits law enforcement from interfering with the acquisition, production, transportation and use of marijuana if the product is even "related" to medical care.
Without the right to produce, distribute and sell alcohol we would still have prohibition, which is forbidden by the United States Constitution. Without the right to produce, distribute and sell guns, the Second Amendment to the Constitution would be meaningless. Therefore, attempts by authorities to pick apart Colorado's constitutionally protected right to medical marijuana, looking for loopholes created by make believe ambiguity, are dishonest. One does not have a constitutional right to medical marijuana if federal agents raid, threaten and arrest people who grow, distribute and sell the product.
Mr. Holder, it was your office that released a memo Oct. 19 that announced, in clear terms, the federal government's intentions to respect medical marijuana protections in Colorado and other medical marijuana states. The memo, penned by Deputy Attorney General David Ogden to all U.S. Attorneys, states: Prosecution of "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." The memo says prosecution will continue against "commercial enterprises that unlawfully ( emphasis ours ) market and sell marijuana for profit..."
Again, our constitution specifically guarantees qualified patients the right to use marijuana for medicinal reasons.It specifically legalizes the acquisition ( therefore sale ) and production.
We can't have a state constitution that protects the right of medical marijuana use, and a written policy from your office that expresses respect for that right and rogue federal agents on a crusade to undermine our constitution and the Obama administration's written intention to respect state laws.
This request, respecting the written intentions of your office, comes from a conservative/limited government editorial page that serves one of the most conservative cities in the United States. A majority of Coloradans -- conservatives, liberals and moderates alike -- are mostly pleased with their state's medical marijuana law and the Obama administration's written decision to respect it.
Please, Mr. Holder, call off these agents and let our state and local elected officials work this out. Coloradans will respect you immensely for doing so.
Respectfully,
Wayne Laugesen,
editorial page editor,
for The Gazette's editorial board
