Three DEA agents and seven US soldiers were killed Monday when their helicopter crashed as they were returning from a firefight with suspected drug traffickers in western Afghanistan.

In a new federal medical marijuana policy memo issued Monday to the DEA, FBI, and US Attorneys around the country, the Justice Depart

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.

Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to be hemp

Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to plant hemp farmers joined with hemp industry figures and spokesmen to travel across the Potomac River to DEA headquarters in Arlington, Virginia, where, in an act of civil disobedience, they took shovels to the lawn and planted hemp seeds. Within a few minutes, they were arrested and charged with trespassing.

Hoping to focus the attention of the Obama administration on halting DEA interference, North Dakota farmer Wayne Hauge, Vermont farmer Will Allen, HIA President Steve Levine; hemp-based soap producer and Vote Hemp director David Bronner, Vote Hemp communications director Adam Eidinger, and hemp clothing company owner Isaac Nichelson were arrested in the action as another dozen or so supporters and puzzled DEA employees looked on.

"Who has a permit?" demanded a DEA security official. "A permit--that's what we want from the DEA," Bronner responded.

After being held a few hours, the Hemp Six were released late Tuesday afternoon. On Wednesday, two pleaded guilty to trespassing and were fined $240. The others are expected to face similar treatment.

Although products made with hemp—everything from foods to fabrics to paper to auto body panels—are legal in the US, under the DEA's strained interpretation of the Controlled Substances Act, hemp is considered indistinguishable from marijuana and cannot be planted in the US. According to the hemp industry, it is currently importing about $360 million worth of hemp products each year from countries where hemp production is legal, including Canada, China, and several European nations.

The DEA refused to comment on the action or the issue, referring queries instead to the Department of Justice, which also refused to comment beside pointing reporters to its filings in the ongoing hemp lawsuit.

Currently, eight states-- Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Vermont, and West Virginia--have programs allowing for industrial hemp research or production, but their implementation has been blocked by DEA bureaucratic intransigence. This spring, however, President Obama instructed federal agencies to respect state laws in a presidential directive on federal pre-emption:

"Executive departments and agencies should be mindful that in our federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values," said Obama. "As Justice Brandeis explained more than 70 years ago, 'it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.'"

The hemp industry and hemp supporters see several paths forward. Farmer Hauge is a plaintiff in a lawsuit challengingly the DEA's interpretation of the Controlled Substances Act. That lawsuit is now before the 8th US Circuit Court of Appeals in St. Louis. US Reps. Ron Paul (R-TX) and Barney Frank (D-MA) are sponsoring a bill that would allow farmers to plant hemp in states where it is permitted, and the industry is urging President Obama and the Justice Department to follow their own example on medical marijuana and leave hemp farmers alone as long as they are legal under state law.

But despite all their efforts, nothing is happening. Tuesday's civil disobedience was designed to begin breaking up the logjam.

"We're getting frustrated," said Bronner, president of Dr. Bronner's Magic Soaps, which has been used hemp oil in its soaps since 1999. "This is supposed to be change with Obama, and things aren't changing. We just had the DEA and local DA go nuts on the dispensaries in San Diego where I live. We spent money on a lobbying firm to get a statement from the Justice Department along the lines of Holder's statement on medical marijuana, but nothing is happening. This would be easy to do, but it's not happening. We understand that Obama has a lot going on, but we're getting increasingly disappointed and frustrated. We hope this will help catalyze something in this administration."

"We're like the fired-up hempsters, we're keeping Jack Herer's ideas alive," said Eidinger still fired up a day after his arrest Tuesday. "We're beginning a new chapter of hemp activism, and there needs to be a lot more of this stuff. Civil disobedience has to be part of a comprehensive campaign in the courts, in Congress, and out on the streets, in front of DEA offices all over the country."

"We've passed a law in Vermont that you can grow industrial hemp," said Allen, the white-haired, pony-tailed proprietor of Cedar Circle Farm. "The only barrier now is the DEA, so we're trying to convince them to back off on this like they backed off on enforcing the medical marijuana law in California. Here, we have a crop that isn't going to get anybody high. We grow organic sunflower and canola, and we'd like to have another oil crop in rotation at our location. It just makes economic sense, and it's a states' rights thing. The DEA shouldn’t be involved in this; this isn't a drug."

"We want to get some attention for the cause and show the distinction between industrial hemp and marijuana," said North Dakota farmer Hauge, who is licensed by the state to grow hemp and who is a plaintiff in the lawsuit against the DEA now before the 8th US Circuit Court of Appeals. "It's not a drug; it's just another crop that can be grown in rotation. If it wasn't for the DEA, I would be harvesting my crop right now."
Getting himself arrested for hemp activism in Washington, DC, was a totally new experience for Hauge, who is usually hunkered down on a few hundred acres of North Dakota prairie just south of the Canadian border and just east of the Montana state line. "It was definitely a first for me," said Hauge. "I've never even been stopped for anything."

"We need industrial hemp here in the US, we need to bring jobs to this country," said Nichelsen, founder, owner, and CEO of Livity Outernational, a California-based fashion and accessory company that mixes art and activism. "I'm sick of making all our stuff in China cause that’s the only place I can get the raw materials. We sent the message that there is a clear distinction between marijuana and industrial hemp," Nicholson said. "We need the support of our president and our law enforcement branches. They need to understand that the US is missing out on a giant opportunity. The myth that hemp causes any problems in society has been completely dispelled."

Even DEA underlings—if not their higher ups—get it, said Nicholson, recounting his exchange with one agency employee on Monday. "One DEA official came out and said, 'What's the connection between weed and hemp?' and we said, 'Exactly.'"

The action brought some much-needed media attention to the issue, said Eidinger. "We got a really good article in the Washington Post, the Washington Times wrote about it, too, CNN used our video, NPR talked about the action, the Associated Press picked it up, we had a number of TV stations do reports, so we definitely reached a national audience," he recounted. "And North Dakota media has covered this closely; I've been on the phone with all the media in Bismarck.

It wasn't just civil disobedience in front of the cameras. After the HIA convention ended, hempsters headed for Capitol Hill, where dozens of people attended over 20 scheduled meetings with representatives of their staffs to lobby for the Frank-Paul hemp bill. Some unannounced, unscheduled meetings also took place, Eidinger said.
If the hemp movement indeed adopts further civil disobedience actions, it will have added another prong to its multi-prong strategy of pressing for the end of the prohibition on industrial hemp planting in the US. It might be time for other segments of the drug reform movement to start thinking about civil disobedience, too.

FOR IMMEDIATE RELEASE   
October 13, 2009

CONTACT:    Ryan Fletcher 202-641-0277 ryan@mintwood.com
                  Adam Eidinger 202-744-2671 adam@mintwood.com

Farmers, Hemp Industry Leaders Arrested for Planting Industrial Hemp at DEA Headquarters in Act of Civil Disobedience to Protest 'Reefer Madness'

Fed Up Captains of Hemp Industry Plant Hemp Seed on DEA's Lawn with Ceremonial Shovels

DEA's Continued Blockade of State Industrial Hemp Programs Violates Common Sense as well as Obama's Presidential Directive to Federal Agencies to Respect States' Rights

WASHINGTON, DC - At approximately 10am this morning, North Dakota farmer Wayne Hauge, Vermont farmer Will Allen, and fed up American entrepreneurs, who have dedicated their livelihoods to developing and marketing healthy, environmentally-friendly hemp products, for the first time turned to public civil disobedience with the planting of industrial hemp seed at DEA headquarters (700 Army Navy Dr Arlington, VA 22202) to protest the ban on hemp farming in the United States. Even though the U.S. is the largest market for hemp products in the world, and industrial hemp is farmed throughout Europe, Asia and Canada, not a single American farmer has the right to grow the versatile crop which is used for food, clothing, body care, paper, building materials, auto paneling and more.

Hoping to focus the attention of the Obama Administration on halting DEA interference, North Dakota Farmer Wayne Hauge; Founder of Cedar Circle Organic Farm in Vermont Will Allen; Hemp Industries Association (HIA) President Steve Levine; Dr. Bronner's Magic Soaps President David Bronner; Vote Hemp Communications Director Adam Eidinger and Founder of Livity Outernational Hemp Clothing, Issac Nichelson were arrested while digging up the DEA's lawn to plant industrial hemp seed imported from Canada. At this time, they are currently being held in Arlington County jail and are awaiting charges. They are expected to be released later this afternoon and will be available for interviews upon release. The six protesters planted hemp seeds with ceremonial chrome shovels engraved with:

Hemp Planting Oct. 2009 ~ DEA Headquarters ~ American Farmers Shall Grow Hemp Again ~ Reefer Madness Will Be Buried

Mr. Hauge is licensed by North Dakota to cultivate and process non-drug industrial hemp, just as Canadian farmers across the border have done profitably for over ten years supplying the booming U.S. market. However, the DEA refuses to distinguish non-drug industrial hemp cultivars grown for millennia for seed and fiber and has unconstitutionally blocked all state hemp programs such as North Dakota's. Mr. Hauge, along with North Dakota State Rep. David Monson, sued the DEA in the U.S. District Court of North Dakota in 2007, and the case is currently before the Eighth Circuit Court of Appeals.  "In recent years there has been strong growth in demand for hemp in the U.S., but the American farmer is being left out while Canadian, European and Chinese farmers fill the void created by outdated federal policy," said fourth-generation farmer Hauge. "When hemp is legalized, land grant universities across the nation will develop cultivars suitable to different growing regions to enhance yield and explore innovative uses such as cellulosic ethanol." 

Pictures and video of the action for free and unrestricted use, along with hemp farming footage and background information are available upon request in hardcopy and online. An HIA produced video of the action will also be posted, after 6pm on 10/13 at: www.votehemp.com/DEAhempplanting.html

In the back drop of the spectacle at DEA headquarters, dozens of hemp business owners in town attending the HIA convention over the weekend fanned out across Capitol Hill to lobby lawmakers in support of hemp legislation introduced by Representatives Ron Paul (R-TX) and Barney Frank (D-MA) that would permit states to cultivate non-drug industrial hemp under state industrial hemp programs.  Nine states have such programs, but their implementation has been blocked by DEA bureaucratic intransigence.  This spring, however, President Obama instructed federal agencies to respect state laws in a presidential directive on federal pre-emption:

"Executive departments and agencies should be mindful that in our federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values.  As Justice Brandeis explained more than 70 years ago, 'it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.'"
- Source: www.whitehouse.gov/the_press_office/Presidential-Memorandum-Regarding-Preemption/

Vote Hemp and the HIA are dedicated to a free market for low-THC industrial hemp and to changes in current policy to allow U.S. farmers to once again grow this agricultural crop.  Dr. Bronner's Magic Soaps President and Vote Hemp Director David Bronner stated: "Dr. Bronner's has grown into the leading natural soap brand in the U.S. since incorporating hemp oil in 1999, due in significant part to the unsurpassed smoothness it gives our soaps. As an American business, we want to give our money to American farmers and save on import and freight costs. In this difficult economy, we can no longer indulge the DEA's self-serving hemp hysteria."

#  #  #

When Attorney General Eric Holder announced back in March that he would not use Justice Department resources to go after medical marijuana patients and providers in states where it is legal unless

Canadian "Prince of Pot" Marc Emery turned himself in to Canadian authorities Monday and is in custody in Vancouver pending extradition to the United States.

Three weeks ago, Drug War Chronicle reported on cocaine cut with the veterinary agent lev

You Can Make a Difference

Dear friends,

Don't let San Diego's district attorney get away with hurting medical marijuana patients!

Sign the petition

You won’t believe what’s happening on your dime!

San Diego law enforcement called in the DEA this month to assist with SWAT-style raids of 14 medical marijuana dispensaries.  Local and federal authorities arrested dozens of people and physically accosted at least one patient.  We have to stop the district attorney behind this persecution campaign!

News footage even shows local police pulling a handcuffed patient out of his wheelchair. 

Sign the petition calling for California Governor Arnold Schwarzenegger and Attorney General Jerry Brown to rein in the district attorney who orchestrated the raids.

San Diego District Attorney Bonnie Dumanis has long defied California's medical marijuana law.  Now she's using federal resources to crack down on dispensaries and aid her re-election campaign.

Don’t let a rogue prosecutor and the DEA use any more of your tax dollars to hurt patients and harass the people who provide their medicine.  Join me in urging the governor and attorney general to hold Dumanis accountable.

Sincerely,

Bill Piper
Director, Office of National Affairs
Drug Policy Alliance Network

On the last day of August, media outlets around the country ran an Associated Press

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week.

Canada's Prince of Pot, Marc Emery, has less than a month of freedom remaining before he heads to the US border to be handcuffed and escorted to federal court in Seattle, where he will accept a ple

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law.

The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law.

The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani.

In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant.

"All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction."

Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly."

It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife.

Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community."

Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor.

"California already has enough federal marijuana criminals," said CANORML coordinator
Dale Gieringer, "It's time for concrete changes in federal law."

While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

Just Chiming in, I Thought Prohibition was supposed to save us from ourselves? To protect us in some way?

Anyone applying for a job at the Drug Enforcement Administration must answer this question:

That's funny, I thought there was no such thing as "legally prescribed" marijuana under federal law. Either this is an idiot test for prospective applicants, or we've come so far that the DEA is beginning to lose track of its own ideology.

The Obama administration has shifted gears in Afghanistan, rejecting the Bush administration's emphasis on opium poppy eradication in favor of attacking Taliban-linked drug trafficking networks as

Of all the flak that's been stirred up by the recent death of M.J.,the king of pop,the scariest is the dea's searching for doctors that prescribed various pain medications.As a person taking large dos

The Oregon House Monday passed SB 676 by a veto-proof margin of 46-11.