Inhale To The Chief! Obama Reneges On States Rights On Medical Marijuana

[Michael Komorn]

Inhale to The Chief! Obama Reneges On States Rights on Medical Marijuana

 

 

 

http://hawaiinewsdai...ical-marijuana/

 

May 6, 2011

 

By Dwight Kondo

 

 

 

In 2008, presidential candidate Barak Obama offered a bolder and less uptight pose when he candidly admitted to “inhaling” Cannabis. No doubt he was alluding to another presidential candidate, Bill Clinton, who claimed in 1992 to have only drawn Marijuana smoke into his mouth but did not inhale. And, of course after that came the famous and memorable Obama line, which every human being who knew Weed was good greeted with great joy.

 

 

 

Feigning enlightenment, the charming candidate demurred about inhaling: “That WAS the point.”

 

 

 

Inhaling was the point, said Barack Obama. But as we know when it comes to double standards: That was then and this is now.

 

 

 

That cheeky provocation no doubt earned Obama a few million voters, all ecstatic that now; a second US president admitted a ‘close’ association with Cannabis. The first was of course was George Washington.

 

 

 

Obama could NOT have grown-up in Makiki, go to Punahou or body surf at my favorite spot, Sandy Beach, without having loved Pakaloha. It’d be impossible for him as a young fellow to step out of the water after sliding through the shimmering tubes of the shorebreak- without noticing all his surfing Ohana imbibing what Hawaii does best. In those days, you’d have to be cop to NOT have noticed all of us smoking Da Kine.

 

 

 

To deny smoking Pakaloha after a ripping session at Sandy’s would be like saying you weren’t born and raised in Hawai’i. But I digress because now, the one-time Pot smoker is the most powerful and most deadly man on Planet Hurt.

 

 

 

CANNABIS SEEMS THE ANTITHESIS OF POWER

 

 

 

I can only conclude that there is some irreconcilable polarity between good Cannabis and great Power. Politicians seeking more power need to deny Cannabis no matter what they said or DID themselves. Still the people know that Cannabis is a helpful and benign plant and such being the case, we can easily see politicians, bureaucrats, hacks and officials practice a convoluted logic denying it. And, we know that in this one instance with Marijuana, despite all the polemics and conspiracy theories we harbor,

 

 

 

WE KNOW THEY ARE LYING TO US WHY CANNABIS NEEDS TO BE SO SUPPRESSED.

 

 

 

It is possible to sit around and theorize why the government and the post powerful people in the world lie to us, like this. But for what? Once you know someone or institution is lying to you, what’s the point in wondering why?

 

 

 

THE REASONS THE GOVERNMENT LIES ABOUT CANNABIS ARE….

 

 

 

The point being is that whatever the reason that we are being lied to and denied unlimited access to ‘Our Gardens’ is simply unacceptable in a Free Society. If the reason people must suffer is because of government-corporate collusion, then we have FASCISM. Here, we should take deeply to heart that people are suffering and peoples’ lives are being ruined or imprisoned so that somebody else can have a monopoly or government career. If that is the Truth, then we need to acknowledge that we have reached the end of Freedom.

 

 

 

I know you are not shocked for being lied to in regards to the Federal position of Cannabis in general.

 

 

 

What is really shocking to me is our tolerance and weakling submission to such dishonesty, hypocrisy, cruelty and corruption.

 

 

 

A tolerance, I am sure, that only attracts more government lies and oppression.

 

kondo.

 

 

 

Obama Administration Steps Up Its Rhetoric In Medical Marijuana States

 

May 4th, 2011 By: Paul Armentano, NORML Deputy Director

 

 

 

The Obama administration’s position on medical marijuana, circa 2011 (via the May 2, 2011 letter sent from the office of the United States Attorney, District of Arizona, to the Arizona Department of Health Services re: the implementation of the voter-approvedMedical Marijuana Program):

 

 

 

“The United States Attorneys Office … will vigorously prosecute individuals and organizations that participate in the unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.”

 

 

 

A lot can change in two years — including the administration’s attitude toward the state-authorized use and distribution of cannabis for medical purposes.

 

 

 

In April, NORML blogged about the U.S. Department of Justice, particularly U.S. Attorneys Jenny Durkan of Seattle and Michael Ormsby of Spokane, threatening “civil and criminal legal remedies” (read: sanctions) against Washington state citizens, including state employees, who assist with or engage in the production or distribution of medical cannabis, “even if such activities are permitted under state law.” The U.S. Attorneys’ threats came in response to an inquiry from Gov. Chris Gregoire, a Democrat, who most likely was seeking ‘political cover’ so that she could publicly ‘justify’ her veto of legislation (SB 5073) that sought to license and regulate the dispensing of medical cannabis to qualified persons, and would have enacted additional legal protections for patients who voluntarily participated in a statewide registry. The threats worked; Gov. Gregoire cited them in her veto statement Friday.

 

 

 

In fact, the threats worked so well, that in recent days U.S. Attorneys in other states with active medical marijuana programs have begun issuing similar menacing statements.

 

 

 

Last week in Colorado, where state regulators have licensed over 800 state-licensed medical cannabis dispensaries, U.S. Attorney John Walsh sent a letter to the state’s Attorney General alleging that the federal Justice Department will “vigorously” prosecute individuals or organizations engaged in “unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.” A spokesman for Walsh’s office adds, “In the eye of the federal government, there’s only one type of marijuana. And marijuana is a Schedule I controlled [federally prohibited] substance.”

 

 

 

Arizona U.S. Attorney Dennis Burke fired off a similarly worded letter this week to Will Humble, the director of the state Department of Health Services, which is overseeing the implementation of Proposition 203. Under the law, which was approved by voters last fall and was enacted on April 15, the state must register qualified patients who have a doctor’s recommendation for cannabis and also license dispensaries to provide it to them. However, according to Burke, said dispensaries that are compliant with the state’s law will “not [be] protect[ed] from [federal] criminal prosecution, asset forfeiture, and other civil penalties.”

 

 

 

Finally, in Rhode Island, Gov. Lincoln Chafee announced this week that he is suspending the state’s nascent medical marijuana distribution program, set to begin this June. In March, the representatives from the Rhode Island Department of Health selected three applicants to operate the state’s first-ever, government licensed medical cannabis dispensaries. (The dispensaries program was initially approved by lawmakers in 2009, but the winning applicants were not decided upon until two years later.) Predictably, Chafee’s abrupt change of heart came after receiving a hand-delivered letter from U.S. Attorney Peter F. Neronha Friday threatening to prosecute civilly and/or criminally those involved in the dispensary program.

 

 

 

So what’s the impetus for the Obama administration’s sudden decision to play rhetorical hard ball? NORML Outreach Coordinator and podcasterRuss Belville speculates:

 

 

 

“Mr. Obama’s … true intention is to stifle the development of any viable legal cannabis distribution industry. By sending threat letters to Rhode Island and Arizona, states that have created clear and unambiguous laws for medical cannabis providers to follow, it is obvious that Mr. Obama isn’t opposed to medical cannabis, per se, but terribly opposed to medical cannabusiness.

 

 

 

Belville adds: “If (medical cannabusiness) establish (themselves), people will become accustomed to safe, secure, well-run businesses that deliver consistent, reliable, tested cannabis products. They’ll appreciate the way these places revitalize sagging economies, provide jobs, and contribute taxes to budget-starved localities. They’ll realize all the scaremongering by the government about what would happen if marijuana was legal, even for sick people, was hysterical propaganda. [And] they’ll begin to wonder why we don’t just legalize cannabis for everyone, create more jobs, raise more revenue, and use these established businesses as the distribution points.”NORML

 

 

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

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Attorney Michael Komorn’ practice specializes in Medical Marihuana representation. He is a board member with the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 20,000 members, which advocates for medical marihuana patients, and caregiver rights. He is also an experienced defense attorney successfully representing many wrongfully accused medical marihuana patients and caregivers. He is also the founder of Greentrees of Detroit, a medical marihuana community center that offers patient certification, legal consultation, cannabis education, business development, and caregiver’s classes.

[David1946]

I guess its time for our 'Arab Spring" and find and back a candidate who will follow and obey the will of the people.

 

How many tens of millions of Americans believe that cannabis should at least be decriminalized is the number of votes Mr.Obama will lose in 2012 if the persecution keeps up.

[Darkmatter]

That "stopthedrugwar.org" guy makes a great point. They are just trying to intimidate us, and push "Big Pharm" in to capitalize on it. God forbid poor people would stop paying them and their payed off doctors.

 

We can not give into fear. We must be have the freedom to be free of fear, because without that they can, and will not control us.

[hshlvr]

There are always bad apples that can spoil it for everyone. I have a chronic disease and I get true relief of symptoms from MM. Many MANY people just want to get high legally, and it should be legal, and taxed like liquor. But all this pretending is what might screw it up for all. The whole war on drugs, (on pot anyway) is insane. But at least we have shaken things up, research is being done again, I think, and we may get there some day!

[CedarSpringsCG]

Where is research being done? I thought they still denied all research that wasn't specifically to show how bad it was for you.

[mosshowd]

Did anyone watch the Republican debate on FOX last night???

Not only did Herman Cain kick rectum, almost all republican candidates were pro MMJ!!!!

 

It's about TIME some republicans grew some ball$!!!

[sho]

Did anyone watch the Republican debate on FOX last night???

Not only did Herman Cain kick rectum, almost all republican candidates were pro MMJ!!!!

 

It's about TIME some republicans grew some ball$!!!

Yep! Talking about half the money the justice dept. spends is to incarcerate and prosecute drug offenders.

[CherryCrush]

This was the holder memo from 2009. These new memos do nothing but clarify what the policy already was.

 

Don;t mess with patients. If you have a few plants and are a patient or their caregiver, they don;t care and will not seek prosecution.

 

Dispensaries and commercialization are not ok.

 

I think people just never actually read it.

 

Obama is the ONLY president in almost 80 years to allow any exception to the drug laws except the Federal program which was a couple dozen people and squashed quickly. They will NOT convict some patient growing 12 plants.

 

 

 

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

[Chauncy Gardner]

Is it possible that the US attorneys who are sending out these threatening memos are hold overs from the Bush era? I seem to recall that they appointed some religious zealots to some of these positions - extreme, hard right conservatives. Could these hold overs be "going rogue" (a la Sarah Palin) and just operating under their own prejudices? They may be pushing the envelope on what is "unacceptable use" of MMJ. Bush may as well have appointed some Amish to some of the positions he filled. Now there are some REALLY conservative thinkers!!

[jimbojinx]

The hypocrisy and perfidiousness of this Administration knows no bounds !!!!

 

Dr. jinx

[+wolfgang]

Is it possible that the US attorneys who are sending out these threatening memos are hold overs from the Bush era? I seem to recall that they appointed some religious zealots to some of these positions - extreme, hard right conservatives. Could these hold overs be "going rogue" (a la Sarah Palin) and just operating under their own prejudices? They may be pushing the envelope on what is "unacceptable use" of MMJ. Bush may as well have appointed some Amish to some of the positions he filled. Now there are some REALLY conservative thinkers!!

 

NOPE

Michelle Leonhart, President Obama's nominee to direct the United States Drug Enforcement Administration,just google her name and it's bad news.

 

Peter F. Neronha was appointed by President Barack Obama as the United States Attorney for the District of Rhode Island on September 16, 2009. In his capacity as chief federal law enforcement officer for Rhode Island, Mr. Neronha supervises the prosecution of federal crimes and the litigation of civil matters in which the federal government has an interest either as a plaintiff or defendant.Burke was nominated by President Obama in July 2009 and confirmed by unanimous consent by the U.S. Senate on September 15, 2009.