New Medical Marijuana Policy Issued

[420]

WASHINGTON — The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.

Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

California is unique among those for the widespread presence of dispensaries — businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.

Attorney General Eric Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and the Drug Enforcement Administration.

The memo, the officials said, emphasizes that prosecutors have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law.

The officials spoke on condition of anonymity because they were not authorized to discuss the legal guidance before it is issued.

"This is a major step forward," said Bruce Mirken, communications director for the Marijuana Policy Project. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."

At the same time, the officials said, the government will still prosecute those who use medical marijuana as a cover for other illegal activity. The memo particularly warns that some suspects may hide old-fashioned drug dealing or other crimes behind a medical marijuana business.

In particular, the memo urges prosecutors to pursue marijuana cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or other crimes.

And while the policy memo describes a change in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the federal government could still prosecute someone whose activities are allowed under state law.

The memo, officials said, is designed to give a sense of prosecutorial priorities to U.S. Attorneys in the states that allow medical marijuana. It notes that pot sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources.

Medical marijuana advocates have been anxious to see exactly how the administration would implement candidate Barack Obama's repeated promises to change the policy in situations in which state laws allow the use of medical marijuana.

Shortly after Obama took office, DEA agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans.

On the Net:
Drug Enforcement Administration: Drug Enforcement Agency Redirect page

By DEVLIN BARRETT (AP)



Source: AP Newsbreak/Google News
Author: DEVLIN BARRETT
Copyright: 2009 The Associated Press
Website: http://www.google.com/hostednews/ap/...TRkdwD9BDU8CG2

[kojack420]

one step for man, one leap for mankind

[Soniq420]

Originally Posted by kojack420

one step for man, one leap for mankind

Who loves ya baby


Seriously, let's hope this ruling ripples through LEO's infrastructure to all levels.

[skycowboy]

Just saw this announcement on The Today Show, 8:15 am Eastern Time. Woo Hoo!! C'mon Florida, get yer petition filled!! Filed!! and let's vote our state into the club. How Cool

[SupremeGreen]

I also just seen that ...........AWESOME!!!!! That got better stuff to worry about anyways!! OBAMA the man!!!!!!!!!!!!

[velodrone]

IT IS TIME! This has to be one of the biggest steps for our Government! It will be interesting to see how the States react!

[hd07]

RIGHT ON!!!

[MHKsLady]

We're on our way!

[OldMedMan]

At Last! Truly legal mmj.
Got to think other none mmj states might loosen up a bit now.
Power to the People

[User]

Memorandum for Selected United State Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana

Today Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes. Those guidelines are contained in a memo from Deputy Attorney General David W. Ogden which was sent to United States Attorneys this morning.

The text of this memo is provided below for reference. You may also download a PDF version of the memo by clicking, here.

--------------------------------

October 19,2009

MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS

FROM: David W. Ogden, Deputy Attorney General

SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana

This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.

The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.

The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources. In general, United States Attorneys are vested with "plenary authority with regard to federal criminal matters" within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are "invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority." Id. This authority should, of course, be exercised consistent with Department priorities and guidance.

The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's investigative and prosecutorial resources should be directed towards these objectives. 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. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core enforcement priorities.

Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:

* unlawful possession or unlawful use of firearms;
* violence;
* sales to minors;
* financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
* amounts of marijuana inconsistent with purported compliance with state or local law;
* illegal possession or sale of other controlled substances; or
* ties to other criminal enterprises.

Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department's authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not "legalize" marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.

Finally, nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests.

Your offices should continue to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement authorities, and the Principles of Federal Prosecution.

cc: All United States Attorneys

Lanny A. Breuer Assistant Attorney General Criminal Division

B. Todd Jones United States Attorney District of Minnesota Chair, Attorney General's Advisory Committee

Michele M. Leonhart Acting Administrator Drug Enforcement Administration

H. Marshall Jarrett Director Executive Office for United States Attorneys

Kevin L. Perkins Assistant Director Criminal Investigative Division Federal Bureau of Investigation

-------------------------------------------------------

While this is good news and worth celebrating, we still Need laws to protect us and not just policies that can be easily changed.

[Heavyherb]

WOW maybe Obama will do something to actually earn his NOBEL Peace prize ....LOL

[greenkitti]

I'm glad that happen,but it still up in the air with North and South Carolina. I don't have the funds to move. So do any one one know the the updates on those states?

[GRIMMCREEPER]

Im sorry people, but i dont believe Eric Holder one bit. Theres nothing more
in the world i would like to see than Medical Marijuana legalized on a Federal
level. I know he said that as long as people are not violating State and Federal Law they would not be arrested. Correct me if im wrong, but this was said when he took office. Why is it that the opposite is happening in L.A.?
My guess is we will still keep seeing these dispensaries being shut down,
but no one will wind up serving jail time. Can you say lets make a deal?

[Joe Coffee]

One by one we will see decriminalization of Marijuana across the United States. Medical Marijuana will be legalized for ONE primary reason. REVENUES! There is big money to be made by the states by taxing the hell out of the sale of legal marijuana. It is sad to say that is the reason but the money is all too alluring for many cash starved states and many of the dispensaries are easily over 1 million in volume annually per unit.

[bnzapilot]

Originally Posted by GRIMMCREEPER

Im sorry people, but i dont believe Eric Holder one bit. Theres nothing more
in the world i would like to see than Medical Marijuana legalized on a Federal
level. I know he said that as long as people are not violating State and Federal Law they would not be arrested. Correct me if im wrong, but this was said when he took office. Why is it that the opposite is happening in L.A.?
My guess is we will still keep seeing these dispensaries being shut down,
but no one will wind up serving jail time. Can you say lets make a deal?

Medical Marijuana is not going to be legalized on a federal level. The announcement today is the the "official guidelines" that were not provided before in writing. It has taken them this long to publish them. You know how the government works. The Feds are not the ones shutting down the dispensaries. It's the local law enforcement that dont like the fact that we can operate within the laws legally. It is not their job to make a decision based on their personal beliefs about MMJ. They are supposed to enforce the state laws. That's what we pay them for. It's the dispensaries that are operated by greedy morons that do not follow state laws. They are the ones that are giving the rest of us a bad name and making it take longer to legitimize this industry.