Jacob Bell
New Member
The Shumlin administration remains committed to the medical marijuana dispensary bill passed in the last legislative session but will be looking at it closely as the federal government renews pressure on states that have legalized medical marijuana dispensaries.
At issue is how the dispensaries, which would be permitted to begin operation next year, would get access to the illegal drug.
On June 29, Deputy Attorney General James Cole sent out a memo to all states attorneys regarding the authorization of medical marijuana. Cole's memo expressed concern about large-scale marijuana cultivation centers and aimed a previous 2009 statement from the U.S. Department of Justice.
The so-called "Ogden Memo" written by Deputy Attorney General David Ogden, softened the Obama administration's stance on prosecuting medical marijuana users. Now Department of Justice officials appear to be back pedaling.
"Some of these planned facilities have revenue projections in the millions of dollars based on the plant cultivation of tens of thousands of cannabis plants," Cole wrote in the memo. "The Ogden Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law."
Vermont is one of 16 states that have legalized marijuana for medical use but according to Virginia Renfrew, partner of Zatz and Renfrew Consulting who worked to help get the bill passed into legislation, Vermont's medical marijuana bill includes very stringent requirements for the dispensaries.
Dispensaries that have popped up in unregulated western states like California and Colorado, Renfrew said, had "been disasters." The federal government raided 26 dispensaries in 13 cities in Montana last March.
Renfrew is concerned about the Obama administration's memo and she says the most important thing is to get medicine out to seriously ill Vermonters.
"I can't quite believe President Obama wants people buying from the black market and the unknown," Renfrew said.
In the 2009 Ogden memo, the federal government appeared to be backing off prosecution of patients who were using marijuana to treat symptoms like nausea that are a side effect of cancer chemotherapy treatments. In the DOJ memo from 2009, Ogden wrote: "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."
Cole's memo, however, puts the focus on the core issue raised by the legalized sale of marijuana from dispensaries in some states in light of the federal government's continued crackdown on pot dealers and consumers: How can a dispensary legally obtain marijuana in this context?
"Persons who are in the business of cultivating, selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law," Cole wrote in his memo.
Although medical marijuana has been legalized on a state level, it is a Schedule 1 drug, according to the federal government, and it has no medical purpose.
The Department of Justice is concerned about recent legislation in states that undermines the federal law. Attorneys for the department are have issued warnings that in some states, dispensaries are tied to the authorization of "multiple large-scale, privately-operated industrial marijuana cultivation centers."
Beth Robinson, special counsel to the governor, says they tried to pass a tightly controlled bill, but the administration needs to spend some time keeping track of the current situation.
"We've got to sit down with the Department of Public Safety to keep an eye on other states' actions," Robinson said. "We're looking at it and we remain committed to it."
Department of Public Safety Commissioner Keith Flynn was unavailable for comment but Deputy Commissioner John Wood released the following statement:
"According to Act No. 65, the Department of Public Safety is statutorily required to grant registration certificates to four dispensaries. That being said, the department is aware of the DOJ Cole Memo and is exploring the impact of this memo as it relates to the new legislation."
How marijuana dispensaries in Vermont will work
Vermont legislation includes a long checklist of requirements that have to be met by the four medical marijuana dispensaries that would be allowed in the state.
According to Renfrew the regulation framework is as follows:
Recent DEA actions
The Coalition for Rescheduling Cannabis filed a petition asking the Department of Drug Enforcement to remove marijuana from the Schedule 1 drug listing in October of 2002. On June 21 DEA administrator Michele Leonhart sent a letter to the coalition rejecting their petition.
The DEA had previously asked the Department of Health and Human Services to conduct a study on marijuana in 2004. In 2006 the department advised the DEA to keep marijuana as a schedule 1 drug. The DEA waited over four years before refusing reclassification of marijuana for the third time in the last 40 years.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: vtdigger.org
Author: Eli Sherman
Contact: Contact Us
Copyright: VTDigger
Website: Vermont's medical marijuana dispensaries under new pressure from the feds
At issue is how the dispensaries, which would be permitted to begin operation next year, would get access to the illegal drug.
On June 29, Deputy Attorney General James Cole sent out a memo to all states attorneys regarding the authorization of medical marijuana. Cole's memo expressed concern about large-scale marijuana cultivation centers and aimed a previous 2009 statement from the U.S. Department of Justice.
The so-called "Ogden Memo" written by Deputy Attorney General David Ogden, softened the Obama administration's stance on prosecuting medical marijuana users. Now Department of Justice officials appear to be back pedaling.
"Some of these planned facilities have revenue projections in the millions of dollars based on the plant cultivation of tens of thousands of cannabis plants," Cole wrote in the memo. "The Ogden Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law."
Vermont is one of 16 states that have legalized marijuana for medical use but according to Virginia Renfrew, partner of Zatz and Renfrew Consulting who worked to help get the bill passed into legislation, Vermont's medical marijuana bill includes very stringent requirements for the dispensaries.
Dispensaries that have popped up in unregulated western states like California and Colorado, Renfrew said, had "been disasters." The federal government raided 26 dispensaries in 13 cities in Montana last March.
Renfrew is concerned about the Obama administration's memo and she says the most important thing is to get medicine out to seriously ill Vermonters.
"I can't quite believe President Obama wants people buying from the black market and the unknown," Renfrew said.
In the 2009 Ogden memo, the federal government appeared to be backing off prosecution of patients who were using marijuana to treat symptoms like nausea that are a side effect of cancer chemotherapy treatments. In the DOJ memo from 2009, Ogden wrote: "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."
Cole's memo, however, puts the focus on the core issue raised by the legalized sale of marijuana from dispensaries in some states in light of the federal government's continued crackdown on pot dealers and consumers: How can a dispensary legally obtain marijuana in this context?
"Persons who are in the business of cultivating, selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law," Cole wrote in his memo.
Although medical marijuana has been legalized on a state level, it is a Schedule 1 drug, according to the federal government, and it has no medical purpose.
The Department of Justice is concerned about recent legislation in states that undermines the federal law. Attorneys for the department are have issued warnings that in some states, dispensaries are tied to the authorization of "multiple large-scale, privately-operated industrial marijuana cultivation centers."
Beth Robinson, special counsel to the governor, says they tried to pass a tightly controlled bill, but the administration needs to spend some time keeping track of the current situation.
"We've got to sit down with the Department of Public Safety to keep an eye on other states' actions," Robinson said. "We're looking at it and we remain committed to it."
Department of Public Safety Commissioner Keith Flynn was unavailable for comment but Deputy Commissioner John Wood released the following statement:
"According to Act No. 65, the Department of Public Safety is statutorily required to grant registration certificates to four dispensaries. That being said, the department is aware of the DOJ Cole Memo and is exploring the impact of this memo as it relates to the new legislation."
How marijuana dispensaries in Vermont will work
Vermont legislation includes a long checklist of requirements that have to be met by the four medical marijuana dispensaries that would be allowed in the state.
According to Renfrew the regulation framework is as follows:
- Four dispensaries will be permitted to open in the state of Vermont with a 1,000 patient cap.
- A nonrefundable $2,500 application fee is required and if accepted by the Department of Public Safety, in charge of applications, the applicant will be charged an additional $30,000.
- Applicants must be a not-for-profit organization requiring a board. Under statute, all board members as well as employees will undergo background checks.
- Dispensaries are allowed to have two separate locations: one location to cultivate the marijuana and one place to sell.
- There will be a cap on the amount of marijuana plants dispensaries are allowed to cultivate.
- Patients are permitted to have up to two ounces a month.
- The price of medical marijuana has not yet been established but will most likely be on a sliding scale as many patients are on disability receiving little money each month.
- A cap will be kept on the pricing. Although the dispensaries are businesses and want to make a profit it should not be a staggering amount.
- Applications will not be available for at least nine to ten months.
Recent DEA actions
The Coalition for Rescheduling Cannabis filed a petition asking the Department of Drug Enforcement to remove marijuana from the Schedule 1 drug listing in October of 2002. On June 21 DEA administrator Michele Leonhart sent a letter to the coalition rejecting their petition.
The DEA had previously asked the Department of Health and Human Services to conduct a study on marijuana in 2004. In 2006 the department advised the DEA to keep marijuana as a schedule 1 drug. The DEA waited over four years before refusing reclassification of marijuana for the third time in the last 40 years.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: vtdigger.org
Author: Eli Sherman
Contact: Contact Us
Copyright: VTDigger
Website: Vermont's medical marijuana dispensaries under new pressure from the feds
