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Congress Calls on DOJ to Better Explain Medical Marijuana Policy
Via Ben Morris at MPP:
Although federal interference with state medical marijuana laws has been sparse since Obama took office, we have seen evidence of a potential loophole in the attorney general's pledge to respect state laws. As long as charges are brought in federal and not state court, there exists no mechanism for determining that state laws were ever violated, thus DEA could theoretically raid legitimate dispensaries based on unverified claims that local laws were being broken.
That's why Hinchey's effort to ensure accountability is so important. Although public outrage has been a powerful force towards pushing federal medical marijuana policy in a more reasonable direction, we simply cannot count on DEA to execute the new policy in good faith. The more pressure that's applied early on, the better our chance of ensuring that the worst excesses of the war on medical marijuana are behind us.
The House committee that oversees the Department of Justice (DOJ) passed an amendment today that adds language to the committeeâs report urging the DOJ to clarify its position on state-legal medical marijuana. The provision is a non-binding recommendation, but carries weight given the committeeâs role in funding the department.
â¦
The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, âThere have been conflicting public reports about the Departmentâs [DOJ] enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Departmentâs policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities.â
Although federal interference with state medical marijuana laws has been sparse since Obama took office, we have seen evidence of a potential loophole in the attorney general's pledge to respect state laws. As long as charges are brought in federal and not state court, there exists no mechanism for determining that state laws were ever violated, thus DEA could theoretically raid legitimate dispensaries based on unverified claims that local laws were being broken.
That's why Hinchey's effort to ensure accountability is so important. Although public outrage has been a powerful force towards pushing federal medical marijuana policy in a more reasonable direction, we simply cannot count on DEA to execute the new policy in good faith. The more pressure that's applied early on, the better our chance of ensuring that the worst excesses of the war on medical marijuana are behind us.
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No More $$$ = No More Prisons
Amidst the surging debate over our nation's draconian drug policy and general over-reliance on incarceration, there is one important factor that even the most diehard law & order ideologues can't just brush asideâ¦
If you can't afford to maintain giant iron cities full of people that must be fed, clothed and monitored 24-7, then you have to stop building them and start closing down the ones you have. This reality is finally beginning to sink in across the country:
Well, bring it on. This isn't exactly what we had in mind when we started calling for criminal justice reform, but we'll take it.
We should never underestimate the extent to which our hideously bloated prison population owes much of its existence to a reversible pattern of public hysteria and reactionary political idiocy. The number of inmates in U.S. prisons has increased more than five-fold in my lifetime, and I was born in the 80's. It just wasn't all that long ago that our prison population was relatively manageable and there's no real reason we can't return to that. Indeed, we may have no other choice.
NEW YORK (CNNMoney.com) -- Michigan officials said Friday that the state is closing three prisons and five prison camps in hopes of narrowing a $1.4 billion budget gap for fiscal 2010.
If you can't afford to maintain giant iron cities full of people that must be fed, clothed and monitored 24-7, then you have to stop building them and start closing down the ones you have. This reality is finally beginning to sink in across the country:
Michigan is not alone in turning to its prison system for savings. Some 25 states cut spending on corrections in fiscal 2009 and another 25 are proposing to do so in fiscal 2010, as they struggle to address massive budget shortfalls.
"It's a trend we'll be seeing more and more of in coming months given the dire revenue situation states are in," said Sujit CanagaRetna, senior fiscal analyst at the Council of State Governments, a research group.
Well, bring it on. This isn't exactly what we had in mind when we started calling for criminal justice reform, but we'll take it.
We should never underestimate the extent to which our hideously bloated prison population owes much of its existence to a reversible pattern of public hysteria and reactionary political idiocy. The number of inmates in U.S. prisons has increased more than five-fold in my lifetime, and I was born in the 80's. It just wasn't all that long ago that our prison population was relatively manageable and there's no real reason we can't return to that. Indeed, we may have no other choice.
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Khat is a Harmless Plant. So Why is D.C. Trying to Prohibit it?
As if we donât already have enough crime problems to worry about here in the Nation's Capital, the D.C. City Council is trying to create one out of thin air. As we reported in Friday's Drug War Chronicle:
Khat use is such a total non-problem that many people don't even know what it is, thus I should probably explain that khat is a mild stimulant used similarly to coffee in parts of East Africa. It isn't dangerous or particularly popular in the U.S., so the drug's prohibition under federal law can be attributed almost entirely to ignorance and racism. Seriously, the arguments against khat are so weak and sparse that law enforcement officials have resorted to the factually-vacant implication that khat might be funding terrorism.
Tragically, the D.C. City Council has thus far failed to grasp the absurdity of all this and will be banning khat entirely within a matter of weeks if we don't stop them. If you live in D.C. please click here to tell the council that prohibiting khat doesnât make sense.
Last fall, at the urging of DC US Attorney Jeffrey Taylor, Mayor Adrian Fenty (D) introduced a proposal to criminalize fresh khat as a Schedule I drug, as it is under federal law. The DC City council is currently considering the proposal as part of its 2009 Omnibus Crime Bill and is likely to act on the measure before its session ends July 15.
Khat use is such a total non-problem that many people don't even know what it is, thus I should probably explain that khat is a mild stimulant used similarly to coffee in parts of East Africa. It isn't dangerous or particularly popular in the U.S., so the drug's prohibition under federal law can be attributed almost entirely to ignorance and racism. Seriously, the arguments against khat are so weak and sparse that law enforcement officials have resorted to the factually-vacant implication that khat might be funding terrorism.
Tragically, the D.C. City Council has thus far failed to grasp the absurdity of all this and will be banning khat entirely within a matter of weeks if we don't stop them. If you live in D.C. please click here to tell the council that prohibiting khat doesnât make sense.
Blog
Canadian House Passes Anti-Crime Bill With Mandatory Minimums for Pot, Other Drug Offenses
The Canadian House of Commons today passed the Conservative government of Prime Minister Steven Harper' C-15 crime bill, which will institute mandatory minimum sentencing for some marijuana and other drug offenses. The vote, in which after dilly-dallying for days, the opposition Liberals joined in, came despite hearings in which no witnesses favored such a tough on crime approach north of the border.
It's not a done deal yet. The bill must still be approved by the Canadian Senate, which issued a report several years ago calling for the government to head in the opposite directoin. But the Senate, which is appointed, is not known for bucking the government and the House of Commons.
That the Liberals buckled for fear of being "soft on crime" and supported the Conservatives in this giant step backward is disappointing but not surprising. Oh, Canada! Once we looked to you for a progressive example on drug policy.
I will be writing about all this for the Chronicle later this week, as well as focusing on our other border with a feature article on the Obama administration's new initiative to thwart the Mexican so-called drug cartels.
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In The Trenches
Press Release: House Appropriations Committee Seeks Clarification on Medical Marijuana Policy
FOR IMMEDIATE RELEASEÂ Â Â
JUNE 9, 2009Â Â Â
House Appropriations Committee Seeks Clarification on Medical Marijuana Policy
Amendment Seeks Explanation in Light of Attorney General Holder's Recent Statements
CONTACT: Bruce Mirken, MPP director of communications ............... 202-215-4205 or 415-585-6404
WASHINGTON, D.C. -- In light of recent statements by Attorney General Eric Holder indicating that the Obama administration would not pursue prosecutions of individuals involved in medical marijuana activities sanctioned by state law, the House Appropriations Committee has added language seeking clarification of the new policy to the Commerce-Justice-Science appropriations bill.
    The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, "There have been conflicting public reports about the Department's enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Department's policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities."
    In past years, Hinchey and Rep. Dana Rohrabacher (R-Calif.) have sponsored an amendment aimed at ending Drug Enforcement Administration raids on state-legal medical marijuana patients and providers. But in recent months, Attorney General Eric Holder has disavowed any intent to pursue such attacks. Last week, Holder told KOB-TV in Albuquerque, "For those organizations that are doing so sanctioned by state law and do it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration. ... Medicinal marijuana ... that is something for the states to decide."
    "We are glad to see the federal government finally moving toward sanity on medical marijuana," said Marijuana Policy Project director of government relations Aaron Houston. "No one battling serious illness and following their state's laws should live in fear of our federal government, and we look forward to clear assurances that suffering patients will be left alone."
    With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.
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In The Trenches
ASA Sponsored Resolution Calls for Federal Change
Dear ASA Supporter,
California Senator Mark Leno (D-SF) introduced Senate Joint Resolution (SJR) 14 yesterday. This ASA-sponsored resolution calls on the President and US Congress to end medical cannabis raids in California and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." If adopted, SJR 14 will be the first time a state legislature has officially called for a change in federal medical cannabis policies.
Please help ASA get SJR 14 adopted by making a special contribution of $100 today.
The President and US Attorney General Eric Holder have talked about a new federal policy concerning medical cannabis, but there is still a lot of work to do in defining what that policy will be. SJR 14 supports ASA's National Policy Agenda and is part of our strategic campaign to shape a more reasonable and compassionate federal policy - one that ensures safe and legal access for all patients nationwide.
The resolution calls on the President and the US Congress to (1) end federal raids, intimidation, and interference with state medical cannabis laws; (2) adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of cannabis; (3) provide for an affirmative defense to medical cannabis charges in federal court; and (4) to create comprehensive federal medical cannabis policy that ensures safe and legal access for patients.
SJR 14 is an opportunity for the California legislature to influence the development of the new federal policy, defend the state's right to choose and regulate medical cannabis, and to defend the compassionate will of the voters. But, we only have a short time to get this resolution through committees and floor votes in the State Senate and Assembly.
Please support ASA by donating today so that we can get SJR 14 adopted right away!
Thank you for your help,
Rebecca Saltzman
Chief of Staff
Americans for Safe Access
P.S. For more information on SJR 14, visit www.AmericansForSafeAccess.org/SJR14
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