Drug War Issues
Politics & Advocacy
While DEA raids on medical marijuana providers never came to a complete halt after the Obama administration declared in 2009 that it would not interfere with people operating in compliance with state medical marijuana laws, the pace did slacken. But now, the raids are on the increase -- there have been at least 90 DEA SWAT-style raids since Obama took office -- and the federal government has unveiled an ominous new weapon in its war on the weed: US attorneys in a number of medical marijuana states sending letters to politicians threatening dire consequences, even the potential arrest of state employees, if states okay schemes to tolerate and regulate medical marijuana distribution.
Rally in Sacramento Monday for Dr. Mollie Fry and Dale Schafer. (Image courtesy ASA)
What is worse is that the interventions by the US attorneys appear deliberately timed to intimidate elected officials as they consider regulating medical marijuana dispensaries -- and it seems to be working. Last week, Washington Gov. Chris Gregoire vetoed a bill that would have created a regulated dispensary system after requesting and receiving a threatening letter from her state's two US attorneys. This week, Rhode Island Gov. Lincoln Chafee "placed a hold" on dispensaries about to open there after receiving an unsolicited threatening letter from the US attorney.
Earlier, as Montana legislators debated whether to regulate and allow dispensaries there, the feds hit them with a one-two punch of DEA raids and a US attorney letter. While Gov. Brian Schweitzer vetoed a bill that would have repealed the state's medical marijuana law, all indications are that he will not veto a bill that will effectively kill dispensaries in Big Sky Country. And in Hawaii, legislators backed away from a dispensary bill after receiving similar threats.
The medical marijuana community has responded with protests -- there were actions in cities across the country on Monday -- but appears uncertain about what to do next. There are calls to reschedule marijuana, including one by Washington Gov. Gregoire, there are calls for the Obama administration or Congress to do something, and there are calls on state elected and appointed officials to stand firm in the face of federal bullying.
A group of Washington state legislators has also responded by sending a letter asking the state's Attorney General for his legal opinion on the law. The 15 legislators, all Democrats, led by Rep. Roger Goodman (Kirkland), asked Attorney General Rob McKenna if state employees had anything to fear from federal law enforcement if the vetoed state licensing provisions of the bill were revived, according to the Kitsap Sun.
A cannabis rescheduling petition to change marijuana's status under the Controlled Substances Act has been pending since 2002. Perhaps if Gregoire can rally other governors behind her, they can light a fire under the feds.
Rally in Washington, DC Monday to demand an end to federal interfence. (Image courtesy ASA)
"This turn of events with the US attorneys is troublesome and reactionary," said Dale Gieringer, the long-time head of California NORML, who had just returned from a Sacramento rally in support of Dr. Mollie Fry and her companion, Dale Schafer, who had that day begun serving five-year federal prison sentences for medical marijuana cultivation. "It makes your head spin about that Obama policy of low enforcement, but Obama never said he supports states having access, and the US attorneys have taken matters into their own hands. This is certainly disappointing."
"It's very disconcerting and alarming that the federal government is deciding to deal with the medical marijuana issue this way," said Kris Hermes, a spokesman for Americans for Safe Access (ASA), the nation's largest medical marijuana defense organization. "We had been seeing progress, with states passing distribution laws, others amending their laws to include distribution, and others passing new laws to incorporate distribution into the laws they passed. It's very unsettling that the federal government is choosing to interfere in the implementation of those laws and restrict the access that patients could benefit from or are benefiting from."
ASA recently gave the Obama administration a failing grade on its approach to medical marijuana. That report card cited continuing law enforcement actions against medical marijuana providers. It is unclear whether the recent US attorney letters represent a policy shift at the Justice Department or whether individual prosecutors are taking the initiative. The Justice Department did not respond to a Chronicle call for clarification. Still, it is clear that the federal prosecutors are on a mission.
"When the Rhode Island US attorney made the threat he did, without being asked, that signified that this is more than just a defensive policy, it is an aggressive policy on the part of the US attorneys to keep medical marijuana illegal," said Gieringer.
"We'd like to know what's going on," said Hermes. "The federal government is showing its cards now. This is drawing attention to the fact that it didn't necessarily mean what it said when it said it wouldn't use Department of Justice resources to circumvent state laws. It certainly seems like there is a concerted effort in the background, but no one has come out from Justice and said that. Justice has refused to meet with patient advocates since this increased interference in the past few months, and they need to address this community and this issue. They can't say one thing in a policy statement and do the exact opposite. The spotlight is on the president at this point."
"The federal government has totally ignored us on all fronts," said Geiringer, "but we're just going to have to keep insisting that we be heard. I would like to see somebody in Congress question this on the record. It never gets mentioned in congressional hearings when DEA officials are up there; it's just totally ignored."
"The timing of these memos really smacks of intimidation and interference," said Morgan Fox, communications director for the Marijuana Policy Project (MPP). "Our advice for lawmakers is to stand their ground and do what's best for their states, particularly when it comes to the feds prosecuting state employees involved in registries. There has never been a prosecution; it doesn’t rise to the level of aiding and abetting."
"They've never moved against any public official for this stuff anywhere, so I think this is an empty threat," agreed Gieringer, "but public officials being what they are, they are easily cowed."
Elected and appointed officials at the state level need to stand firm against the federal threats, said Fox. "The US attorney memos are frightening and starting to get more severe in tone, but all we need to do is have the states considering dispensary regulation to continue moving ahead with that. I don't think the feds are going to push this too much. They don't have the resources, and it would be a policy disaster for the administration."
If the threats to go after state officials are over-hyped, the dangers to dispensary operators are not. One was convicted in Spokane as legislators deliberated, and more than a dozen were raided in Montana as the legislature took up medical marijuana bills. They are all looking at lengthy federal prison sentences if prosecuted and convicted.
Patients rally across the country for medical marijuana. (Image courtesy ASA)
ASA is holding training sessions for dispensary operators, said Hermes. But operators also need to continue to organize and pressure their elected representatives, he said.
But if the feds are standing firm, so is the medical marijuana movement. ASA, MPP, and California NORML all pledged to continue the fight.
"This is the federal government's last shot to try to prevent something that is working well in the US and will continue to work as long as the federal government stays out of the business of implementing state laws," said Hermes. "More than that, the federal government should be working with states to design a comprehensive federal policy that includes disengagement from enforcement and investment in research and rescheduling marijuana so that patients are protected wherever they live."
"We will continue to try to shine a light on this absurd and obscene misuse of law enforcement," said Gieringer, again pointing to the case of Dr. Fry and Dale Schafer. "Dale is on anti-hemophilia drugs with one treatment costing $10,000. He's also on morphine. And they're sending him to prison for five years? That's just crazy, but the machine just keeps going."
"We are just on the cusp of being legitimate and are now being beat back," said Fox. "We have to hold our ground."
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 Obama administration
The Obama administration deserves NO support during the upcoming elections. The DEA's crackdown on MMJ is the continuation of the policies pursued by every administration since Jimmy Carter's. The advance of the police state on the heels of the "war on drugs" and the "war on terror" has been the true motive of these officials. No politician will get my vote in the future without a clear enunciation of support for medical marijuana and patient rights. Period. I contributed to Obama's campaign but never again.
Change
This is the Change we can Believe in? I'm not seeing any change for the better here we are making criminals out of the sick and handicapped. Look at the warnings on commercials for example anti depressants that increase the risk of suicide! In a round about way it does take care of the illness but the outcome is unacceptable. Drugs with side effects that in many cases are worse than the illness itself. Cannabis has none of these side effects and in many cases is much more effective in reducing the symptoms of the respective illness.
In reply to Change by codger (not verified)
I was in the military and
I was in the military and deployed multiple time, and from a result of that and the military system I am on multiple medications, that I'm sure are not good on my liver or kidney's. I know that MJJ would give me the ability to not have to take the current medications, and have hardly any side effects like the ones that I experience now. So I whole heartedly agree with you.
In reply to Change by codger (not verified)
I agree
I was in the military and deployed multiple time, and from a result of that and the military system I am on multiple medications, that I'm sure are not good on my liver or kidney's. I know that MJJ would give me the ability to not have to take the current medications, and have hardly any side effects like the ones that I experience now. So I whole heartedly agree with you.
In reply to Change by codger (not verified)
yep yep
I was in the military and deployed multiple time, and from a result of that and the military system I am on multiple medications, that I'm sure are not good on my liver or kidney's. I know that MJJ would give me the ability to not have to take the current medications, and have hardly any side effects like the ones that I experience now. So I whole heartedly agree with you.
Protecting Corporate Interests
That's all any of this has to do with, protecting corporate interests, namely, big pharma, and the alcohol industry. The pharmaceutical industry alone could lose at least half of its earnings within years of outright MMJ legalization. THATS how many ailments MMJ eases...
Oh, and Monsanto's stranglehold on the cotton industry would suffer greatly as well.
Drug prohibition was a worldwide agreement amongst nations. A conspiracy to control the masses, to take our voting rights, to steal our property, our children, our finances, to oppress our spiritual enlightenment, to shelter us, to divide us, TO SUPPRESS HUMANITY, AND TO KEEP THE CORPORATIONS RICH...
Marijuana could literally save America from ruin...
In reply to Protecting Corporate Interests by Gabriel Reed (not verified)
Yeah Yeah Yeah........
This is nothing new. Alcohol industry sectors even fight each other when their interests collide. That goes in any industry (Remember TWA and Pan Am - watch the movie "the Aviator" sometime). There is a huge interest in keeping marijuana illegal while hiding behind the skirts of public health nannies, who act more concerned about the children on this issue than most parents. Everyone should find out how much their elected reps receive from big alcohol and pharma and call them out relentlessly. Visit followthemoney.org / opensecrets.org
In reply to Yeah Yeah Yeah........ by Anon9 (not verified)
It may be nothing new to you,
It may be nothing new to you, but it is to a lot of people just waking up. It needs to be reiterated constantly...
And to any Feds seeing what
And to any Feds seeing what they can glean from this site. Leave your job, it is not more important than your fellow countrymen's liberty...
Governors Lighting up the flame
The post said the Governor of Washington state is lighting up the fire for federal government to take a closer look at reclassifying marijuana . If he wants to light up the fire he should be joining that petition to reclassify marijuana or file there own petition to reclassify marijuana as a state. This is what the Federal government been waiting for from medical marijuana states. The notices they sent out is informing the states that there breaking federal law is the federal governments way of telling those states that they are skipping a step by telling the Federal government that there state has looked at the 8 criteria questions for reclassifying and determined that marijuana has accepted medical value within there state and placed it in another schedule. Which would put the Federal government in a position of what to do now that a state has petitioned them the options are reclassify it for all under controlled substance act or exempt that state from federal COS for marijuana. Once medical marijuana states start telling the Federal government that marijuana is medicine by filing for reclassification , it is the way the law is designed,for states to determine what is medicine and tell the federal government what they accept, that is why 2002 petition is still pending it was not looked at by a states agency that has the right to reclassify and 8 criteria applied to it and reclassified at state level ,and then filed petition to federal government for thus change. Obama don't deserve a failing grade its the states for not filing!!!
read the COS and laws
Read the laws and follow them this is not no horse shit plain simple facts!!!!!!
In reply to read the COS and laws by weedoflife (not verified)
oops abbravation missprint
oops COS should be CSA for controlled substance act sorry PS. Its not Obamas fault states fail to follow regulations and do the correct paper work.
In reply to oops abbravation missprint by weedoflife (not verified)
Oh get real
In reply to Governors Lighting up the flame by weedoflife (not verified)
That's right, Obama is not going to wipe your ass
States need to stand up for their state sovereignty and quit asking the federal government to do it for them. The people need to sue their state governments for failure to stand up to protect them under federal law. File the application, governor! Do it now.
This is exactly what we need.
This is exactly what we need. Public opinion has already shifted in favor of medical marijuana. The feds standing against this is going to make them look like the bad guys. Btw I know Obama didn't stand up to his position on pot, but this situation is not entirely his fault. The attorneys are the ones enforcing the laws WE haven't changed yet. He can't completely control them without changing laws. We are moving slowly toward decriminalization. Unfortunately politicians either have outdated arguments as their beliefs or are being the feds have them by the balls (btw politicians you're falling behind public opinion. this means you have your own opinion and not ours. take a look around. try and keep up). Regardless, public opinion has not shifted far enough to allow legalization. My personal belief is that due to the prolonged miseducation about marijuana, we still have a chunk of the older population that see it as a dire evil and are creating the largest roadblock to restoring order. Oddly enough this problem will take care of itself. (did I just say our problem was going to die off... I think I did. oops)
Don't get twisted over this debate. It would be unnatural for people not to fear marijuana after what they have been taught. Give it some time. Logic is going to win out once the myths are fully dispelled.
Obama drug war behavior: symptom, not disease
The disease the U.S. is suffering from is the ascendancy of its military-industrial complex. Keeping the drug war alive is just one of the symptoms. Among the other symptoms are the fact that U.S. finances are precarious (to put it mildly), the growing legions of disabled and dead veterans, and the fact that we are stuck in a still-growing number of hopeless, pointless wars that are bleeding America white. (After Libya, what?)
The Clintons and Obama are well-established agents of the M-I complex. So is John McCain, who was recently in Libya on a sales mission, extolling the superiority of U.S. weapons, the saving power of JSOCs, etc. The killing of Osama bin Laden is another sales opportunity: now the orders for stealth helicopters, real-time assassination-operation management systems, and retired JSOC mercenaries will pour in. It's all about the money. Follow the money and you will be enlightened. Don't be misled by the small money involved in drugs or alcohol or crime. Look at where the really big money goes, instead. After all, it's your money (or, rather, your debt and your children's). U.S. attorneys are not going after the rampant corruption of the M-I complex; instead they're prosecuting sick people and their caregivers. What does that tell you about who's in control?
Our situation will not improve until the people of America decide that they don't like being the merchants of weapons and mercenary services, particularly when they pay *all* the bills in debt service and blood. Hollywood, Burbank, and Madison Avenue are all complicit in keeping America from coming to any such realization, as is, of course, Wall Street and the Murdoch empire. The truth about all this is everywhere being actively prevented from having any reforming effect. Stupid distractions, outright lies and emotional/sensational appeals manipulate all of us every day, and we willingly drink this poisonous Kool-Aid. (Indeed, societal and environmental poisons are some of America's most important products, and all such products are counted as part of our GDP. We are very productively committing suicide, really.)
But the situation *will* change. The only question is when, and how much of the America we love will still exist by that time. (Not much, I reckon. Looks like we'll have to start over, and with much less to work with.) In the meantime, *exercise* your freedoms. Your silence is the enemy of all of us, and of all our children.
Missing the point
Why does everyone fail to stress the MAIN POINT? Deschedule not reschedule!
Cannabis SHOULD NOT BE ILLEGAL in any way shape or form. It is NON TOXIC, you cannot die from it in any practical manner.
Saying it's not medicine when clearly it IS for millions, and IS safer then every single FDA approved drug on the market, is beyond untruthful.
Seriously why not talk about the AMA position that cannabis should be rescheduled and more research needs to be allowed (since the FDA shoots down any and all requests to show beneficial qualities to cannabis sativa).
Cannabis should be someone's first choice over alcohol, it's impossible to OD, won't make you get into fights with the people you love, won't give you a hangover, opens your mind to new points of view you have never considered before, and on and on.
People fear what they do not understand. So let us put some science into this and figure out once and for all, are there any long term issues, does THC and/or CBD (cannabidiol) really kill some types of cancer tumors?
These are questions worth answering, but we can't even get past the same lies the drug czars have been spewing since Anslinger first said “There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.”. Same garbage... new czar...
All these Governors need to
All these Governors need to GROW A PAIR and tell the Feds to "GO F#^% THEMSELVES"!!!!!! Maybe even start kicking US attorneys out of their states!!! And for God's sake, we need to get that Traitor OUT OF OFFICE IN 2012!!!!!!!!
officials' liability
Federal law exempts officers enforcing a state or local law on a controlled substance from having to register with US DEA to manufacture or distribute that controlled substance. So there's no legal liability for gov't officials in this. Otherwise police couldn't engage in sell-and-bust operations without risk of prosecution by the feds or having to register and make public the details of their operation in advance. Just have local or state police grow and distribute medical marijuana and the federal problem goes away. In fact, in state medical marijuana legislation 30+ years ago, stocks of marijuana in police custody were to be considered for supply if federal licensing of a mfr. was not forthcoming.
officials' liability
Officers enforcing a state or local law regarding a controlled substance are exempt from needing to register with DEA to manufacture or distribute that controlled substance. Otherwise the police couldn't conduct sell-and-bust operations without the possibility of being prosecuted by the feds or having to register and make public in advance the operation. So gov't officials have 0 liability in this. Just have local or state police distribute med mj and the federal problem goes away.
State med mj legislation of 30+ yrs. ago even looked to stocks of marijuana in police custody for possible supply in case no federal licensure of a mfr. was forthcoming.
One can only wonder why these
One can only wonder why these attorneys are going agents the original memo put out by AG Holder. Are they jockeying for positions in the Big Pharma legal departments or other private sector corporate interests by following orders that aren't coming from headquarters. I have yet to AG Holder come out publicly in support of these letters. If the orders were coming from him, it should be noted in the letters from each assistant AG stating that this is the position of AG Holder.
Last but not least, there are far, far more terrible criminals that these AGs could be going after. None have come up with a major bust of meth, cocaine, heroin or any other hard drugs. And we are not that naive to think that the Mexican cartels aren't shipping huge amounts across our borders. I seems that the AGs and their operatives are ignoring this and making cannabis the new public enemy number 1 now that Osama Bin Laden has been removed.
edited first sentence.One can
edited first sentence.
One can only wonder why these attorneys are going against the original memo put out by AG Holder. Are they jockeying for positions in the Big Pharma legal departments or other private sector corporate interests by following orders that aren't coming from headquarters. I have yet to AG Holder come out publicly in support of these letters. If the orders were coming from him, it should be noted in the letters from each assistant AG stating that this is the position of AG Holder.
Last but not least, there are far, far more terrible criminals that these AGs could be going after. None have come up with a major bust of meth, cocaine, heroin or any other hard drugs. And we are not that naive to think that the Mexican cartels aren't shipping huge amounts across our borders. I seems that the AGs and their operatives are ignoring this and making cannabis the new public enemy number 1 now that Osama Bin Laden has been removed.
One can only wonder why these
One can only wonder why these attorneys are going against the original memo put out by AG Holder. Are they jockeying for positions in the Big Pharma legal departments or other private sector corporate interests by following orders that aren't coming from headquarters. I have yet to AG Holder come out publicly in support of these letters. If the orders were coming from him, it should be noted in the letters from each assistant AG stating that this is the position of AG Holder.
Last but not least, there are far, far more terrible criminals that these AGs could be going after. None have come up with a major bust of meth, cocaine, heroin or any other hard drugs. And we are not that naive to think that the Mexican cartels aren't shipping huge amounts across our borders. I seems that the AGs and their operatives are ignoring this and making cannabis the new public enemy number 1 now that Osama Bin Laden has been removed.
edit
One can only wonder why these attorneys are are going against the original memo put out by AG Holder.
Our government views
Our government views marijuana users and their supporters as terrorists, and we've seen what happens to them. It's to the point that I hesitate to refer to it as "our" government, since "our" government would not do these things to the citizenry. No, a more befitting term might be "The" government, an out of control, power mad institution that not only controls the population of the United States with threats, intimidation, and violence, but attempts to do this around the world. Ask yourself, is this government really serving your interests, or do they seems to have an agenda of their own? Do you feel that this government represents your interests and acts on your behalf? Do you feel that this government makes decisions for you because they don't believe you are qualified to make these decisions on your own, that you are incompetent in these matters?
Americans have been expressing their dissatisfaction with this government for years. It doesn't seem to make a difference between Democrats and Republicans because they both want to control our lives in a different way, but control our lives nonetheless. Our representatives in government are not out to protect our freedoms, what few we have left, but rather to fulfill a prevalent agenda in our nation's capital that works against American Citizens, all while using our credit card.
New policy Brings Opportunity
The Office of National Drug Control Policy, the ONDCP, headed by Drug Czar, Gil Kerlikowske, announced that it’s new focus in the War on Drugs is going to be on prescription drugs, misuse and abuse. Presumably the illegal drug problem has either magically been fixed, or this move is a recognition that misuse and abuse of prescription drugs is a far greater problem than illegal drugs. A large part of this push will be in education , and not just education of the citizens, but of the Doctors too. The Obama Administration is going to seek legislation that will require medical professionals to go through special training to be able to prescribe addictive drugs like oxycontin, fentanyl and methodone. There are several other recommendations that require action. As for myself, I don’t know how these requirements will cut back on prescription drug abuse. Most Doctors are responsible people and those who do prescribe drugs with abandon can easily be weeded out. It’s the same old squeeze of the sausage. Squeeze the Doctors to prescribe less drugs and you push more people into the illegal drug market to get the drugs they need. The only way we will ever get a handle on this problem is to end criminal possession altogether. The idea that mere possession cries out for criminal sanctions is a fallacy.
Allowing Doctors to prescribe maintenance doses to addicts until the addicts can get into rehabilitation, and only involving law enforcement should the addict fail to attend rehabilitation, is the way to go. This approach eliminates the need for the addict to turn to the black market and enables the Doctor to monitor the addict. ’Firing’ the patient, forcing him into the black market, only helps to provide customers to the illegal drug trade, and is totally unethical.
The Government’s new focus on the prescription drug problem will entail certain requirements. These requirements will undoubtedly need an amendment to the 1970 Controlled Substances Act to be put in force. In this is an opportunity. I can’t count the number of times I’ve heard people opposed to marijuana law reform say, “oh, legalizing marijuana would require amending the Controlled Substances Act. That’s too much trouble and can’t be done.” Now that the pro prohibition side wants a change, now, it’s no big deal! Marijuana law reform advocates should begin right now to prevail on those members of Congress who support ending marijuana prohibition and ask them to propose a counter amendment to the Controlled Substances Act when the Government moves for their new legislation. Prohibition as policy has not worked in almost 100 years of trying. Lets make the price of yet another try at making prohibition work the end of Federal marijuana prohibition. We have nothing to lose and everything to gain.
federal rescheduling
Its high time for those states with medical marijuana laws to stand up for their medical marijuana users. Fifteen states and the District of Columbia say marijuana has medical use. Its time for those states to tell the DEA that marijuana does not belong in federal schedule I. Schedule I is defined as having no medical use in the United States. Clearly it does. If the feds fail to reschedule they need to sue the U.S.government for failure to reschedule. Power to the people and to state rights. Its the states who determine medical use. The Supreme Court said so in Assisted Suicide case where the state sued the federal government. .
We're Not Gonna Take It Anymore No Way!
Oh We're Not Gonna Take It
No, We Ain't Gonna Take It
Oh We're Not Gonna Take It Anymore
We've Got The Right To Choose And There Ain't No Way We'll Lose It
This Is Our Life, This is Our Song
We'll Fight The Powers That Be Just
Don't Pick Our Destiny
Cause You Don't Know Us, You Don't Belong
Oh We're Not Gonna Take It
No, We Ain't Gonna Take It
Oh We're Not Gonna Take It Anymore
Oh..........
Oh..........
We're Right/Yeah
We're Free/Yeah
We'll Fight/Yeah
You'll See/Yeah
They are just an agency
Arnt these letters just threats to pull funding? What's going to happen, theyre going to get put in the federal pen? LOL. I believe a challenge would result in the federal Controlled Substances Act be substantially overhauled. Hurting and ostracizing drug users does not provide society with empirical good outside of the fact that the people that hate drug users want them to suffer. It certainly does not help drug users since it requires faith based beliefs and no government office can promote faith based beliefs.
I'll take an anti prohibition GOP Over prohibition Obama
I don't know what affects you and yours more than prohibition but I am sick to death of US kidnaps of Canadian air travellers by forcing planes down on us soil.This is in violation of international law and an abuse of Amerikan Justice.Obama is a proven hypocrite on drug issues and is following after a long line of hypocritical US Presidents.
And I inhaled Wasn't that the point
With that kind of talk, Obama locked up millions of votes. Maybe this lack of concern for medical cannabis businesses will help remove millions of votes. Right now I know that anyone who would select a Mad Dog like Michele Leonhart to head the DEA,is not in our corner.
We have every right to be
Amen
Amen my brother! I consider myself to be more like the Jehovah's witness of Cannabis.~
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