Justice Department Issues Medical Marijuana Policy Memo; Says No Prosecutions If In Compliance With State Law

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday. In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority. The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients. The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change. In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:
"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."
But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government." "This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today. "It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law." While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations." And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.
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medical marijuana

For any drug policy reform leader to herald this new Obama "enlightenment" as anything more than respecting decisions made by states and their citizens will be a big mistake and, ultimately, work against repealing drug prohibition.

A starving man will always consider the cast-off crumbs of his master as a feast...

While one part of me rejoices...

Another part of me feels like Andy Dufresne in "The Shawshank Redemption" when he gets a measly handout from the state board, after writing dozens of letters for assistance in enhancing their library.

It's time to redouble our efforts! If you've written a letter a week, write TWO letters a week now! We've got some traction, we've got some momentum, don't let them think they've appeased us!!

There need be no "reform" of federal law

That implies years of legislative posturing and debate before anything gets done. All that is really needed is the repeal of any and all laws which criminalize selective drug use and certain activities associated with drug use (cultivation/manufacture, possession, sales/transfer). If they insist on regulating some drugs, let them wrangle over that. But, in the meantime, just repeal; and if the feds refuse to do that, the states can and should nullify all those federal laws:
http://www.tenthamendmentcenter.com/2009/10/08/enumerated-powers-of-states/

I'm pro-choice on EVERYTHING!

IMHO.. This is not a "WIN"

IMHO.. This is not a "WIN" for the medical marijuana movement. This position, unless backed by a federal ruling does nothing to lessen the federal government's choke-hold on the states. This is an arbitrary position that can change with the administration. This position also allows for selective prosecution for MM patients and suppliers. I think it is more dangerous to the movement than straight criminalization as it lures persons involved in the MM movement into the open with a false sense of security. Once you're on "the list" you cannot be "unseen" if the climate changes again with the next administration, or the waffling of this one.

On the other hand, it is a

On the other hand, it is a significant crack in the wall from the Federal Government. If states take the initiative, the drug war can loosen up considerably.

state law

I don't really see what the win is here. Federal law always trumps state law so for Eric holder to say that they are not going to interfere with state law seems kind of backwards. Why don't they just make medical marijuana legal at the federal level. By doing this you are pretty much saying the same thing without exactly saying it. It feels like the federal government just doesn't know(or have the balls) to change their own laws. Why say that state law trumps federal when this has never been the case? Why make a precedence like this. Just change the federal law and solve everyone's problem. What are we going to do next say that state law trumps other laws. I don't see what is so hard about changing a law that has had more negative impact then positive. When will the Government stop sitting on their brains and see that the war on drugs has failed and changing marijuana to be regulated like alcohol and cigarettes will only do good?

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