Drug War Issues
Politics & Advocacy
Delaware Gov. Jack Markell (D) Friday suspended the regulation-writing and licensing process for the state's medical marijuana dispensaries, essentially killing medical marijuana in a state whose law does not allow patients or caregivers to grow their own.
"Growing, distributing and possessing marijuana, in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities," Oberly wrote in a letter delivered last Thursday to Barlow. "Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes… "State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under" the Controlled Substances Act, Oberly added.
Markell's office told the Wilmington News Journal Friday that Oberly's stance prevented the Department of Health and Social Services from moving forward on licensing dispensaries, which, under Delaware's law, would be limited to three nonprofit operations.
"To do otherwise would put our state employees in legal jeopardy, and I will not do that," Markell said.
"If you look at the Cole memo, it focuses on this large-scale, industrial distribution model, and what we have in Delaware is a distribution model that centralizes that into one place," Barlow told the News Journal. "It seems to be something the Cole memo is looking to specifically. The governor's concern is that we're not doing things to put state employees potentially in the way of the federal government's new enforcement."
Ironically, some of the impetus for the passage of Delaware's medical marijuana law was the Obama administration's earlier adoption of a hands-off position on medical marijuana, the October 2009 memo from Cole's predecessor, David Ogden. That memo said federal prosecution of medical marijuana patients and providers was "unlikely to be an efficient use of federal resources."
Delaware passed its medical marijuana law last May. A month later, the Cole memo came out, and the new wave of federal medical marijuana threats, raids, and prosecutions began.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
The voters will be forced to
The voters will be forced to pass a ballot initiative that will allow for patients to grow their own and/or distribute via privately owned dispensaries. This is actually a good thing in my eyes. They are so stupid. Do they not realize that they missed the boat full of tax money on this issue? They could have taxed and regulated this a long time ago. Letting the citizens decide for themselves via ballot initiatives will assure they make very little tax money on cannabis because we have our best interests in mind unlike the government.
These folks down in Delaware
These folks down in Delaware must live in a vacuum and have taken the coward's way out. Even the Gorgan Gov. Brewer was told to fish or cut bait when she tried to use the same tactic and rationalization.
State Employees Have Immunity
Maybe someone in Delaware should take the time to actually read the Controlled Substances Act:
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part E - Administrative and Enforcement Provisions
-HEAD-
Sec. 885. Burden of proof; liabilities
-STATUTE-
(a) Exemptions and exceptions; presumption in simple possession
offenses
...
(d) Immunity of Federal, State, local and other officials
Except as provided in sections 2234 and 2235 of title 18, no
civil or criminal liability shall be imposed by virtue of this
subchapter upon any duly authorized Federal officer lawfully
engaged in the enforcement of this subchapter, or upon any duly
authorized officer of any State, territory, political subdivision
thereof, the District of Columbia, or any possession of the United
States, who shall be lawfully engaged in the enforcement of any law
or municipal ordinance relating to controlled substances.
Every single time a state
Every single time a state tries a medical marijuana system where the state government gets involved in the regulation, distribution, growing, and licensing of marijuana... the federal government threatens the state officials with criminal prosecution.
So this tells me that the way the laws should be written is to make it more of a "private" industry like California where there's no burden on state officials to license or regulate it. The burden will be on the tons of private dispensary owners and growers instead of a few state officials.
if the Gov  wont get it done
if the Gov wont get it done then come VOTE time i say we elect one who has a Set a brass set. Hey Gov Jack tskr care of all your voters or find a new job
If the government refuses to
If the government refuses to dismantle this failed war against marijuana, then the voters must! It is just going to take a couple states to legalize small amounts of marijuana. Prohibitions on nature are never destined to succeed.
If the government refuses to
If the government refuses to dismantle this failed war against marijuana, then the voters must! It is just going to take a couple states to legalize small amounts of marijuana. Prohibitions on nature are never destined to succeed.
Medical marijuana
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