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DEA Backs Down After Threatening Colorado Dispensaries

Jeffrey Sweetin of the DEA's Denver office on Saturday:

"Technically, every dispensary in the state is in blatant violation of federal law," he said. "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment." [Denver Post]

Jeff Sweetin today:

"We are not declaring war on dispensaries," he says -- though he adds with a laugh, "If we were declaring war on dispensaries, they would not be hard to find. You can't swing a dead cat around here without hitting thirty of them."

Sweetin makes note of the fact that the DEA hasn't ever shut down a Colorado dispensary, and the agency doesn't plan on doing so unless there are aggravating factors involved -- like violence, ties to drug cartels or distribution to children. [Westword]

It sounds an awful lot like Sweetin's comments over the weekend may have resulted in somebody important telling him to calm the hell down. What goes on behind the scenes with this stuff is a mystery to me, but I doubt Sweetin figured out on his own that those nasty comments about raiding dispensaries weren't playing well in the press. I'd prefer to think maybe he got a quick phone call from Washington.

The DOJ's "official" policy of respecting state medical marijuana laws is hardly written in stone, leaving more than enough room for a nut like Sweetin to make a big mess provided that nobody yanks his leash. But if one thing is clear about medical marijuana policy under Obama, it's that they have no interest in doing battle with the 80% of Americans who support it. This latest episode isn't the first time one of the President's drug warriors has back-pedaled after making a stupid public comment about medical marijuana. There are new rules in place, and while they still leave much to be desired, it's important to appreciate the extent to which the old smash and grab medical marijuana policy has been put in check.

The point here isn’t that Obama loves medical marijuana, or that the DEA can now be counted on to behave itself. Politicians and drug war soldiers don't change overnight, but the mere expectation that the raids have ended can easily become a self-fulfilling prophecy when the media and the public generally believe such activity is now illegal in addition to being unpopular. Imagine trying to convict a medical marijuana defendant in federal court in the current political climate. If you lose, the Dept. of Justice will look impotent during a period of surging marijuana entrepreneurship, and if you win, Obama will get skewered in the press.

So if rogue DEA officials still feel compelled to go around making angry threats in the newspaper, I say bring it on. The war on medical marijuana gets less popular every time they open their mouths.

Retirement Home Fires Staffer for Medical Marijuana Use

Even though only 20% of Americans still oppose medical marijuana, there's enough lingering prejudice to create serious problems for patients. Via MPP, here's another ugly example of the workplace discrimination many medical users continue to face:

ANDERSON - Although he says he has a doctor's recommendation to smoke medical marijuana, the on-site manager of a senior apartment complex here claims he was fired by its new Southern California-based management company after he failed its drug-screening test.

The firing of Christian Hughes, 33, who has two weeks in which to leave his apartment in the well-kept complex, has raised the ire of some of those senior citizens who live comfortably at the 81-unit Regency Place Senior Apartments on Red Bud Lane. [Record-Searchlight]

Apparently, Hughes's popularity with the residents has made things complicated:

Sixty-four-year-old Diane Bethany, an apartment complex resident who started a petition drive that obtained about 60 signatures in support of Hughes, says she and many others there are upset by his firing.

"He's a terrific guy," she said, adding that he's always been protective of the residents and goes above and beyond his management duties to help them out.

I can't help but grin at the thought of a bunch of seniors signing a petition to protest an unfair marijuana policy. Hopefully, the press coverage will help Christian Hughes find new employment. Moreover, any companies that still discriminate against patients should take note of the public controversy you invite when you fire good people for bad reasons.

DEA Raids Legal Grower in Colorado, Threatens to Target Dispensaries

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.