Why??
I'm sure that they, more than anyone, know that there is A lot of difference in making an on the record statement, and handing down a new set of specific legal guidelines. The issuance of actual legal guidelines is a follow through of the 'on the record statements'.
That's why they were jailed, no specific guidelines had yet been issued, or they were not in compliance.So you are making assumptions based on other policy documents which this one supersedes, and on your understanding of this document. right on. I think you are a bit off base, and absolutely jumping to conclusion.
1. The enforcement policies of the Department of Justice
("DOJ"), including those expressed by the United States
Attorney's Office ("USAO"), or by Attorney General Holder on this
topic, do not confer any rights or defenses on any person.
2. Nevertheless, at the request of the USAO, in response
to the Court's inquiries, the Office of the Deputy Attorney
General has reviewed the facts of this case and determined that
the investigation, prosecution, and conviction of defendant are
entirely consistent with the policies of DOJ and with public
statements made by the Attorney General with respect to marijuana
prosecutions. Accordingly, the USAO has been instructed to
proceed with the sentencing recommendations previously filed in
this case. A letter from DOJ in Washington D.C. confirming these
points is attached hereto.
In response to Dale, I say... Dispensaries should obey the laws under which they operate. and... This is still the first step of Obama following through on the statements made in March... lol
Medical Marijuana is a step in the legalization process.
You youngsters are spoiled by microwaves and email... You think everything should be instant... some things progress over time, get used to it... Expecting everything to be hot and ready to eat in 5 minutes is only ever going to disappoint you.
It is "just a written form of their on-the-record statement" which clarifies and documents what was previously stated.They are just guidelines, which aren't binding law. And these guidelines aren't something new, it is just a written form of their on-the-record statement.
There is a clear way for people to stay within the law, if they are not interested in constantly 'testing the boundaries.' This clarification of policy was never intended to fix California's cannabis laws.http://www.safeaccessnow.org/downloads/DOJ_Lynch_Response.pdf
The people that were recently sentenced asked the DOJ for clarification on their medical marijuana policy. The DOJ never gave one, despite their statements to the contrary.
There is still a lot of grey area in California law. These guidelines aren't really clarifying anything. They still leave it to prosecuters to decide on a case-by-case basis.
I am not putting any words into your mouth, and am certainly not asking you to hold your breath.If you think these guidelines provide any move forward, we will have to wait and see. I am not going to be holding my breath. And please don't put words in my mouth, nothing is instant, never said it was.
Here is the change, clearly spelled out for you...But it is my opinion that these guidelines don't really change much. They are putting to writing what they have already said as public officials. The DOJ also reserves the right to prosecute whomever they think is violating state law.
This statement does nothing to address state problems. The states need to sort that out themselves.Like Dale said, who decides that? What about local officials who still don't want to follow state law?
I doubt they will get anyone out of prison. I have NO doubt it will keep people out of prison.Hopefully these guidelines will get people out of prison and keep people out of prison. I really hope so. But we will have to wait and see.
That would be a real day of celebration !^^^^by far the best opportunity for a CA, non-violent, state prisoner, is the CA budget//prison space problems. 42,000, allegedly non-violent felons are in the process of being released early, without probation.
They are just guidelines, which aren't binding law. And these guidelines aren't something new, it is just a written form of their on-the-record statement.
Unfortunately, it is not LAW. It is a suggestion from the DOJ to the DEA and law enforcement to tell them to focus on illegal growers, not med users.
Again, NOT LAW.
Prob needs bumped to the other forum anyway..
Like so many aspects of the Obama regime, all this is is rhetoric. In an administration that freely tramples upon the Constitution, this small gesture towards Federalism seems out of place. I suspect the net effect of this statement will be of little benefit to anyone. If this is truly of importance to BO & Co., why did it take 10mos to kick out a three-page memo?
Gonna have yo back KMK on this one a suggestion doesn't mean shit in my book, it's progress though. Welcome back been busy as hell with school for myself.
I think that's wayyyy down the road though. Realistically I don't think it will be universally legalized for at least a decade-would you agree with that? And so I'd imagine the price won't drop for some time. I don't see people selling 2500 primo dollar pounds in five years or anything.
It is "just a written form of their on-the-record statement" which clarifies and documents what was previously stated.
There is a clear way for people to stay within the law, if they are not interested in constantly 'testing the boundaries.' This clarification of policy was never intended to fix California's cannabis laws.
If a state clearly defines what patients and caregivers are allowed to do, and people stay within the boundaries the states set forth, then the feds aren't gonna bother with them. How can you imply this is not a step forward.
You will never finish the race unless you continue to take steps forward.I am not putting any words into your mouth, and am certainly not asking you to hold your breath.
The ability to hold one's breath until the problem is solved, implies that you would like a solution which is much more instant than the steps which are being taken. Of course we have to wait and see, that's the whole point I was making when I said this was a process. Here is the change, clearly spelled out for you...
Under Bush the DOJ policy was to prosecute all marijuana cases, regardless of state law.
NOW, the DOJ policy is to only go after marijuana cases where state law can be shown to be have been broken.
Before, state law made no difference... Now, it does...
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.
Saying something to a public official and writing it down are quite different, wether or not you understand that difference...
This statement does nothing to address state problems. The states need to sort that out themselves.
I doubt they will get anyone out of prison. I have NO doubt it will keep people out of prison.
(LOS ANGELES) - The Associated Press broke a story late Sunday that the U.S. Department of Justice will be issuing new guidelines Monday to U.S. Attorneys regarding an official policy toward medical marijuana.
The Department of Justice posted the memorandum regarding those guidelines on their blog early Monday morning.
Advocates wonder if and how this will affect federal defendants who were raided, arrested, charged and convicted under the Bush Administration, like Charles C. Lynch.
Lynch was the last Federal medical cannabis defendant to be convicted under the Bush Administration, on August 5, 2008. He was also the first medical cannabis patient/provider to face sentencing under the Obama Administration for his operation of Central Coast Compassionate Caregivers in Morro Bay, California.
In June 2009, Federal Judge, George H. Wu, had tentatively sentenced Lynch to a year and a day in federal prison for 5 felony charges all related to providing medical cannabis from his storefront dispensing collective. Wu said he would write his decision within a week, making the sentence official. That written decision has yet to be submitted by Wu.
Wu had asked the Department of Justice (DOJ) for written clarification on how Attorney General Eric Holder’s February statements hinting at a new American medical cannabis policy would affect Lynch’s sentencing.
H. Marshall Jarrett, responded to Wu’s inquiry by stating “the Office of the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant [Lynch] are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.”
Jarrett’s name appears as one of the carbon copy recipients of the latest DOJ memo. It remains to be seen if this memo will affect Lynch’s yet-to-be-released sentence.
Lynch and his attorneys maintain that he followed state law but the courts prohibited the defense from presenting any state law or medical evidence in federal courts because the supreme courts have ruled state law compliance and medical proof as irrelevant in federal cases. Lynch has never even been charged in state court.
Lynch’s conviction stems from a 2007 raid and arrest conducted by the Drug Enforcement Administration (DEA) and San Luis Obispo County Sheriff’s Department, led by Sheriff Pat Hedges. Sources close to the case estimate the federal government has wasted over one million dollars on this case and the sheriff’s department wasted over $100,000.00.
The new memo specifically addresses the issue of limited federal resources, stating: “The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources.”
Lynch supporters believe the DOJ has been inefficient and irrational with its use of resources in this case, especially since Lynch had the Morro Bay Mayor, Janice Peters, and City Attorney, Rob Schultz, testify on his behalf as a law abiding citizen. Lynch also had a business license that specifically stated it was a medical cannabis dispensary and a conditional use permit to have a medical cannabis nursery on site.
Also at issue here, Lynch was convicted of 2 counts of sales to minors. However, in drug cases, the federal government considers anyone under the age of 21 to be a minor. Whereas, Lynch had business license requirements that stated minors under the age of 18 years old had to be accompanied by their parent or guardian while in Lynch’s facility. In addition, California state law does not have an age limit on the use of doctor-recommended medical cannabis.
Lynch remains out on $400,000.00 bail pending appeal, while eagerly waiting to see how this will affect his case. There are plenty of others like Lynch who have been convicted in federal court but never charged in state court. All their lives have been ruined by bad policy regarding medical cannabis.
and if this clarification of policy keeps one person free who would otherwise not be,
then it is worth it and a good thing imho.