With Sen.

Karen Brooks at the Dallas Morning News blog badly misses the point in regards to Barack Obama's support for medical marijuana:

Just got a notice from the happy folks over at the Marijuana Policy Project that Sen. Barack Obama "stands with us" on access to medical marijuana.

I'm not sure this helps his campaign, although the growing number of states (a dozen, at least) that have approved the use and prescription of medical marijuana may mean that he'll get support on the issue. Here in Texas, the decriminalization legislation - way stronger stuff than what the Medical Pot People are pushing - comes from both sides of the aisle.

So I guess what I'm saying here is, uhm, who knows if this will help or hurt him.

Well, allow me to relieve you of your uncertainty. Polling consistently shows overwhelming public support for medical marijuana. Do you know what medical marijuana's record is with voters? It's 10-1 at the state level, losing only in South Dakota, which ain't really Obama territory anyway. Supporting medical marijuana is among the safest policy positions one can take in 2008, and there's not a shred of evidence to the contrary. I look forward to a point when it's no longer necessary to illustrate this.

Secondly, Brooks buy into the myth that federal interference somehow makes medical marijuana laws ineffective:

Anyway, these laws and ordinances quickly go up in smoke when the feds - who just can't stand the idea of anyone smoking pot and getting away with it - decide to bust down doors and haul away the cancer patients and their docs anyway.

While I appreciate the implied sympathy for patients and doctors, this hyperbolic assessment of the force of federal law vastly overstates the impact of the DEA's campaign against medical marijuana. Despite federal interference, medical marijuana is more available to patients than ever before. The number of dispensaries that have been raided is dwarfed by the number that are open right now, at this exact moment. The idea that medical marijuana laws have been crippled by federal law enforcement is just as fictitious as can be.

My point here is not to excuse the ongoing raids and other atrocities that do still occur. Rather, it must be understood that the Drug Czar badly wants the public to believe that these laws don’t work because he knows we're going to keep passing them in new states and we're 10-1 so far. The only reason DEA even bothers to keep conducting these ugly and unpopular medical marijuana raids is so that the media will falsely report that these laws just "go up in smoke" as Brooks now suggests. That argument is then used against new medical marijuana initiatives to imply that there's no point in passing them, even though existing laws protecting patients have generally been very effective at preventing sick people from getting arrested.

Both of the above points are common misconceptions, and I don’t fault Brooks for indulging them. Still, it is vital that the discussion of medical marijuana continue on a sound factual basis as we proceed towards a showdown between Obama and McCain on this issue.

So, to recap, I submit the following two propositions:

1. Medical marijuana is overwhelmingly supported by the American public.

2. Federal efforts to shut down medical marijuana distribution in states were it is legal have failed utterly.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Rep.

Nearly a year ago, we reported on mounting efforts to ban salvia divinorum in states and locali

In an ominous sign for US coca eradication efforts in South America, the Brazilian military said Sunday it had for the first time discovered coca plantations and a cocaine laboratory on its nationa

Last year, the DEA was teaching people how to cook meth. Now they're teaching people how to shoot other people with guns.

Just watch this news report about the DEA's exciting public outreach program, which shows almost nothing except a bunch of people shooting guns and seemingly having an exhilarating experience. There sure is a lot of shooting involved in saving us from drugs.

Of particular interest is the instructor's reaction when the participating FOX reporter accidentally shoots an unarmed suspect. He laments the inevitable newspaper headlines, as though bad press is the real tragedy when someone is accidentally shot in the drug war. To be fair, we don't get to hear everything he may have said, but the clip is creepy either way when one glances over at the pile of innocent bodies our drug war has accumulated.

As an undergrad criminal justice major, I had the opportunity to take on a million dollar "shoot/don't shoot" simulator at a sophisticated police training facility. It was a unique opportunity to appreciate the difficult positions police officers can find themselves in. The weapon was a real glock, outfitted to shoot invisible lasers instead of live ammo. When you pulled the trigger, an amplified boom shook the floor and a simulated kickback threatened to rip the weapon from your grasp.

More than a few of my classmates panicked quickly, emptying their clips at the slightest provocation, and earning admonishment from the instructor. I performed well, taking down a disgruntled employee on a shooting rampage in an office building, then managing not to shoot an angry motorist who reached for his wallet in an aggressive manner. I've spoken ever since of my newfound appreciation for the awesome responsibility law enforcement officers bear when making life and death decision within a fraction of a second.

I've also never been more convinced that police must not be asked to make such decisions in the name of preventing drug transactions between consenting adults. The risk is too great and the reward far too small.

                                                                                                                                                                        [Thanks, Paul]

I had a feeling this wasn't going very far:

A Manhattan federal judge Thursday tossed out a $55 million suit filed by former federal drug agents who say the movie "American Gangster" tagged them as criminals.

Three former Drug Enforcement Administration agents sued NBC Universal last month, contending they were slandered by an on-screen claim that Harlem druglord Frank Lucas' cooperation "led to the convictions of three-quarters of New York City's Drug Enforcement Agency."

For starters, Judge Colleen McMahon said, the New York City Drug Enforcement Agency doesn't exist.

"It would behoove a major corporation like Universal (which is owned by a major news organization, NBC) not to put inaccurate statements at the end of popular films," McMahon wrote. "However, nothing in this particular untrue statement is actionable." [NY Daily News]

Cool. And now that we've thrown DEA out of civil court, let's toss a few of their criminal cases too. Starting with this one…

For Immediate Release: January 29, 2008
Contact: ASA Media Liaison Kris Hermes (510) 681-6361 or ASA Director of Government Affairs Caren Woodson (510) 388-0546

Advocates Urge Presidential Candidates to End DEA Raids by Executive Order
Nationwide campaign launched today to end federal enforcement against medical marijuana

Washington, D.C. -- With only a week left until Super Tuesday, medical marijuana advocates launched a nationwide campaign today to urge presidential candidates to end federal raids in states with medical marijuana laws. The campaign urges candidates to issue an Executive Order upon taking office that would end federal interference in state-sanctioned medical marijuana laws. The proposed Executive Order would deny funds to the Department of Justice for federal enforcement efforts against patients and providers in states that have adopted medical marijuana laws.

"To match the increased level of federal interference in states with medical marijuana laws, we're asking candidates to clearly state their opposition by pledging to issue an Executive Order, if elected." said Caren Woodson, Director of Government Affairs at Americans for Safe Access, the advocacy group that launched the campaign. "We're spending millions of dollars on law enforcement actions that harm our most vulnerable citizens," continued Woodson. "And, the President wields the power to stop it at any time."

Ever since the U.S. Supreme Court decision in Gonzales v. Raich (2005), the Drug Enforcement Administration (DEA) has stepped up its enforcement actions against medial marijuana patients and providers. While federal interference has occurred in multiple medical marijuana states, some have been hit harder than others. In California, the DEA has conducted more than 100 raids and threatened more than 300 landlords with criminal prosecution and asset forfeiture if they continue to lease to medical marijuana dispensing collectives (dispensaries). In addition, the U.S. Department of Justice (DOJ) is currently prosecuting more than 100 medical marijuana-related cases.

The campaign focuses on candidates that have already made supportive statements on medical marijuana: Senators Hillary Clinton and Barack Obama, former Senator John Edwards, and Representative Ron Paul. These candidates are being asked to officiate their support by pledging to issue an Executive Order, which states that:

"No funds made available to the Department of Justice shall be used to prevent States from implementing adopted laws that authorize the use, distribution, possession, or cultivation of medical marijuana. In particular, no funds shall be used to investigate, seize, arrest or prosecute in association with the distribution of medical marijuana, unless such distribution has been found by adjudication to violate state or local law."

DEA actions have already garnered opposition from both local and federal lawmakers, including Oakland Mayor Ron Dellums and House Judiciary Chair John Conyers. In December, Mayor Dellums made a public statement condemning DEA tactics. The same month, Chairman Conyers publicly voiced his "deep concern" over DEA "efforts to undermine California state law," and he committed to sharply question these tactics in oversight hearings.

Further information:
ASA Executive Order Campaign Page: http://www.americansforsafeaccess.org/ExecutiveOrder
Proposed Executive Order: http://www.safeaccessnow.org/downloads/Proposed_Executive_Order.pdf
Background Information on Increased DEA Actions: http://www.safeaccessnow.org/downloads/dea_escalation.pdf
Video footage of Candidates' Position on Medical Marijuana: http://safeaccessnow.org/blog/?p=48
Statement by House Judiciary Chair John Conyers: http://judiciary.house.gov/newscenter.aspx?A=889

# # #

The Berkeley City Council gave a collective raised middle finger to the DEA Tuesday night, unanimously approving a

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In a case that has been stinking up northeast Ohio for several years now, a federal judge in Cleveland Tuesday decided that 15 Mansfield men imprisoned on drug charges should be freed because their

David Borden, Executive Director

Just last week, Drug War Chronicle reviewed Ethan Brown's "Snitch: Informants, Cooperators, and the C

The Office of National Drug Control Policy's (ONDCP) National Youth Anti-Drug Media Campaign took a major hit as Congress finalized the fi

In a reprise of a tactic first used against Los Angeles and Sacramento area dispensaries, the DEA this week sent letters to dozens of owners of buildings leased to San Francisco dispensaries warnin

Ever wonder why the federal government doesn't just go ahead and raid every medical marijuana dispensary in California? The DEA seems to conduct only enough raids to create the perception of risk, while completely failing to prevent widespread medical access. In an online chat, someone asked the Drug Czar about this, and you know what he said? Nothing. He may be afraid to answer, but I'm not.

First check out his lengthy response and note that it doesn't answer the main question:

Patrick, from San Francisco, CA writes:
Mr. Walters-- My son is a high school junior here in San Francisco, CA. A large percentage of high school students in San Francisco smoke pot on campus several times a day. Teachers and school administrators are powerless to stop it and simply look the other way, all due to state and local laws which make it almost impossible to control pot and thereby keep it out of the hands of kids. How serious is the federal government in its attempts to shut down the phony "medical marijuana" industry, which is really just an underhanded way to make it easy for people to use pot recreationally. Raiding pot clubs could be stepped up easily (with very few people), couldn't they? --Patrick

John Walters
I’m glad you raised this concern, Patrick. We’re hearing the same thing from many other communities dealing with the same issue.

We believe that if there are elements of marijuana that can be applied to modern medicine, they should undergo the same FDA-approval process any other medicine goes through to make sure it’s safe and effective. In absence of that approval, the Federal position is clear: the smoked form of medical marijuana is against Federal law and we will continue to enforce the law.

Last year, the FDA issued an advisory reinforcing the fact that no sound scientific studies have supported medical use of smoked marijuana for treatment in the United States, and no animal or human data support the safety or efficacy of smoked marijuana for general medical use. This statement adds to the already substantial list of national public health organizations that have already spoken out on this issue, including the American Medical Association, the National Cancer Institute, the American Cancer Society, and the National Multiple Sclerosis Society – all of which do not support the smoked form of marijuana as medicine. So who’s pushing for the smoked form of medical marijuana then?

Funded by millions of dollars from those whose goal it is to legalize marijuana outright, marijuana lobbyists have been deployed to Capitol Hill and to States across the Nation to employ their favored tactic of using Americans' natural compassion for the sick to garner support for a far different agenda. These modern-day snake oil proponents cite testimonials—not science—that smoked marijuana helps patients suffering from AIDS, cancer, and other painful diseases “feel better.” While smoking marijuana may allow patients to temporarily feel better, the medical community makes an important distinction between inebriation and the controlled delivery of pure pharmaceutical medication. If you want to learn more about this, we have information available that shows how medical marijuana laws increase drug-related crime and protect drug dealers. Hopefully you can help us educate more of our citizens about this fraud.

So it's clear that the Drug Czar opposes medical marijuana, but what about the raids? Well, I can think of a few reasons why a full-blown attack on medical access in California would be highly problematic:

1. Simultaneously raiding California's several hundred dispensaries would provoke aggressive protests and widespread bad publicity. The ensuing press coverage would highlight marijuana's well-known medical applications.

2. DEA's tactic of suppressing evidence in court that the marijuana is for medical use wouldn’t work if they raided all the providers at once. Jurors would figure it out and vote to acquit, wasting federal law enforcement and prosecutorial resources.

3. Black market violence would erupt immediately as criminals rush in to meet demand. This would prove to everyone that the medical marijuana industry actually made California safer.

4. Anti-medical marijuana statements from Republican presidential hopefuls have already jeopardized their chance at winning California's 54 electoral votes. An aggressive DEA campaign at this time would ensure a democratic victory there. Bush's Drug Czar knows better than to help democrats win California.

I suppose it's not very surprising that the Drug Czar declined to elaborate on this. He certainly wouldn't want to put ideas in anyone's head.

The point here isn't that providing medical marijuana carries no legal risks. It clearly does. But it's important for everyone to understand how hollow most of the DEA's threats really are. DEA's ongoing efforts against medical marijuana providers in California are designed to create the appearance of chaos, which is then cited as evidence that the medical marijuana industry is inherently harmful. This is purely political.

The Drug Czar's failure to answer this simple and common question reveals a great deal about his own reluctance to interfere with the will of California voters.

[Courtesy of Americans for Safe Access]

Judiciary Committee Chairman Conyers
Opposes DEA Tactics
Pledges to Question DEA During Oversight Hearings

Dear Friend,

As many of you know, DEA recently launched an entirely new tactic in their continued efforts to undermine the effective implementation of medical marijuana laws in California. They have sent hundreds of letters threatening prosecution and asset forfeiture against property owners who rent to legal medical cannabis collectives – a strategy that could have ramifications for medical marijuana programs nationwide.

ASA Government Affairs Director Caren Woodson has been talking to House Judiciary Committee Chairman John Conyers’ (D-MI) staff and other Democratic leadership to encourage them to oppose these tactics and stand up for patients in states where medical cannabis is legal. Today, Chairman Conyers issued at a statement saying:

“I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts.”

In conjunction with more than fifty raids at medical cannabis collectives in California this year, the asset forfeiture threats against property owners represent the most serious challenge to patients’ access in the United States today. Conyers’ support signals the first significant Congressional opposition to the DEA’s attempted end run around voters and state lawmakers.

ASA welcomes this statement and we look forward to working with Chairman Conyers to finally end DEA interference in state medical marijuana laws.

Congratulations to the hundreds of ASA members who helped put grassroots strength behind our work! Keep your eyes open for an Action Alert next week to put even more support behind Conyers’ initiative, and visit www.AmericansForSafeAccess.org/Donate to make a contribution to support our effective advocacy today.

Thank you,

Steph Sherer
Executive Director
Americans for Safe Access

--------------------------------------------------------------------------------

Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

In Bismarck, US District Court Judge Daniel Hovland Wednesday dismissed a lawsuit filed by two would-be North Dakota hemp farmers seeking to end the DEA's ban on commercial hemp farming in the Unit

A pair of North Dakota farmers who are suing the federal government over the DEA's failure to act on their applications to grow hemp will know by month's end if their case will continue, a federal

Bismarck's Bistro restaurant is known for its fine, grass-fed North Dakota beef and fine wines, but the menu last night included a tasty garden salad with hemp oil dressing. Hemp isn't usually on the menu--at least so far--but the folks at the Bistro added it in honor of the plaintiffs in a case that is being heard at the federal courthouse here this morning.

In a little less than an hour, North Dakota farmers Wayne Hauge and Roger Munson, who is also a state senator, and their attorneys, will be in federal court to argue motions in their case against the DEA for refusing to act on their applications to grow hemp. The farmers have the support of the state government, which, in the face of DEA intransigence, has acted to get the DEA out of the way, as well as the hemp industry, some of whose representatives were at the dinner table at the Bistro last night.

The attorneys told me last night the most likely outcome of today's hearings is that the judge will not rule immediately, but take the motions under consideration with a ruling to come shortly. The government will ask for a dismissal, but the hemp attorneys think that's unlikely.

The hearing will last until about noon, then there will be a post-hearing press availability, which I will attend before heading back to central South Dakota. Yesterday, on the way up here, my gas mileage sucked as I fought bitter winds out of the northwest. Local TV news reported gusts of 74 mph yesterday. The wind is still blowing, but at least this afternoon it'll be at my back as I scoot across the lonely prairies.

Look for a feature article on the hemp hearing on Friday.

Drug Enforcement Administration (DEA) head Karen Tandy is resigning, an agency spokesman announced Monday.