Medical Marijuana Is Not Legal, Says U.s. Attorney Dennis Burke

[Michael Komorn]

Medical MarijuanaIs Not Legal, Says U.S. Attorney Dennis Burke

 

By Linda Kor –

 

The State of Arizona may have legalized medical marijuana, butthat doesn’t mean the federal government is in agreement.

 

In a letter to Arizona Department of Health Services Director WillHumble dated May 2, the Department of Justice made it clear that the federalgovernment could prosecute anyone involved with a controlled substance.

 

The letter, written by U.S. Attorney for the District of ArizonaDennis K. Burke, states that growing, distributing and possessing marijuana inany capacity, other than as part of a federally authorized research program, isa violation of federal law, regardless of state laws that purport to permitsuch activities.

 

“In districts where a state had enacted medical marijuanaprograms, U.S. Attorney Offices ought not focus their limited resources onthose seriously ill individuals who use marijuana as part of a medicallyrecommended treatment regimen and are in clear and unambiguous compliance withsuch state laws,” stated Burke. “However, even clear and unambiguous compliancewith the Arizona Medical Marijuana Act does not render possession ordistribution of marijuana lawful under federal statute.”

 

Federal law regarding this matter may be enforced over individualsand organizations, including property owners, landlords and financiers.

 

“This compliance with Arizona laws and regulations does notprovide a safe harbor, nor immunity from federal prosecution,” added Burke.

 

In addition, he noted that individuals or organizations that grow,distribute or possess marijuana on federal or tribal lands would also be inviolation of federal law.

 

Humble concurred with the letter and acknowledged that individualsinvolved in any way with the use, distribution or manufacturing of medicalmarijuana will be at risk for federal prosecution and asset forfeiture even ifthey are in compliance with Arizona law.

 

 

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[jimbojinx]

This is further eveidence of the hypocrisy of the Obama Administration !!!

 

"I inhaled...that's the point !!!!".

 

Give me a break !!!!

 

Let us continue in our Insanity !!!

 

Criminalize sick people for taking their chosen medicine !!!

 

Obama used the youth to grease the skids to his election !

 

Now he will throw them under the bus !

 

dr. jinx

[Brad]

The feds have sent letters to AZ, RI, OR, HI, and CO warning them that medical marijuana is not legal and that they will prosecute state officials who pass and implement medical marijuana programs that allow for the large-scale cultivation and distribution of marijuana.

 

2011 ONDCP BUDGET FACTS

 

Funding for prevention measures under the President's proposal would increase 13.4 percent over the level of funding for the current fiscal year, and expenditures for treatment programs would be increased by 3.7 percent, Kerlikowske said.

 

Those expenditures are included in the FY 2011 request, for a total of $15.5 billion to reduce drug use and its consequences. The funds would go to the 13 Federal agencies and departments responsible for the broad continuum of drug control – from prevention and treatment to enforcement, interdiction, and international efforts. The total proposed spending in the FY 2011 National Drug Control Budget represents a 3.5 percent increase over the current fiscal year.

 

"The new budget proposal demonstrates the Obama Administration's commitment to a balanced and comprehensive drug strategy," said Director Kerlikowske. "In a time of tight budgets and fiscal restraint, these new investments are targeted at reducing Americans' drug use and the substantial costs associated with the health and social consequences of drug abuse."

 

_____________________________________

 

 

(EDIT: Nationally) Taxpayers spent $15.5 Billion to combat narcotics in 2011 alone. The Drug War will end only when our government collapses.

[treehugger]

This is further eveidence of the hypocrisy of the Obama Administration !!!

 

"I inhaled...that's the point !!!!".

 

Give me a break !!!!

 

Let us continue in our Insanity !!!

 

Criminalize sick people for taking their chosen medicine !!!

 

Obama used the youth to grease the skids to his election !

 

Now he will throw them under the bus !

 

dr. jinx

 

Yes, and the sainted president mccain would have legalized all drugs in the US... You really need to see beyond your selfish anger issues, and figure out which side of the bread is buttered.

[Guest Happy Guy]

The feds have sent letters to AZ, RI, OR, HI, and CO warning them that medical marijuana is not legal and that they will prosecute state officials who pass and implement medical marijuana programs that allow for the large-scale cultivation and distribution of marijuana.

 

2011 ONDCP BUDGET FACTS

 

Funding for prevention measures under the President's proposal would increase 13.4 percent over the level of funding for the current fiscal year, and expenditures for treatment programs would be increased by 3.7 percent, Kerlikowske said.

 

Those expenditures are included in the FY 2011 request, for a total of $15.5 billion to reduce drug use and its consequences. The funds would go to the 13 Federal agencies and departments responsible for the broad continuum of drug control – from prevention and treatment to enforcement, interdiction, and international efforts. The total proposed spending in the FY 2011 National Drug Control Budget represents a 3.5 percent increase over the current fiscal year.

 

"The new budget proposal demonstrates the Obama Administration's commitment to a balanced and comprehensive drug strategy," said Director Kerlikowske. "In a time of tight budgets and fiscal restraint, these new investments are targeted at reducing Americans' drug use and the substantial costs associated with the health and social consequences of drug abuse."

 

_____________________________________

 

 

(EDIT: Nationally) Taxpayers spent $15.5 Billion to combat narcotics in 2011 alone. The Drug War will end only when our government collapses.

Sure, that's what it looks like on the surface. But you have to look a little deeper to see the whole picture.

One of the examples you give us is Arizona. Let's look a little deeper at Arizona and medical cannabis.

 

Did you know that if there is a dispensary within 25 miles of a qualified medical cannabis patient they lose their right to grow and HAS TO buy from the dispensary?

 

You could be minding your own business and whamo, a dispensary sets up within 25 miles of you and you have to quit growing and start buying from the dispensary.

 

Is there anyone reading this that thinks that is fair?

 

Anyone think it benefits patients?

 

Who does this law benefit?

 

Why would they make the law like that?

 

Personally, I'm glad the feds are spending some money kicking them to the curb. Thank you Obama administration. You are helping patients and getting the parasites off of us.

[Guest Happy Guy]

Yes, Happy Guy, that is exactly what they are doing. The DEA is the best friend of the medical marijuana patient.

 

In reality, they are just looking out to make sure that THEY and THEIR PHARMA BUDDIES are the only parasites able to suck money from us in a few years when we get done with the hard work of educating the public.

 

That is your preference, I'd assume, given your strident defense of the DEA?

You are guessing at the future. I'm stating what is happening right now. We both know you have no evidence for what you are saying. Our law says that insurance companies will not be charged for medical cannabis. There is no future for pharma here with that in place. They, not only have to have it rescheduled, they would have to change our law on top of that. Keep guessing the future, while I work on what is happening to patients right now. They can't grow if they live within 25 miles of a dispensary. You choose to ignore that? I'm glad the administration didn't ignore it.

[solabeirtan]

I say they don't have standing in States Medical Policies . The only time it becomes Federal is when it crosses State Lines.

 

It seems more than obvious that they keep up this charade of mislabeling dangerous drugs to cover up the fact they have wrongly criminalized millions of American Citizens for their own Political Purposes.

 

Scientific evidence now available, contradictory to their views, has allowed foreign Cannabis products to become Patented here as early as 2006 and yet they deny us even an opportunity for much needed research and development.

 

Theirin is the heart of the problem, our pharmacuetical industry, like our Petroleum Companies are pretty much all foreign owned corporations . Similar thing happened to our Auto Industry here, Foreign Competition teemed with unfair Labor Policies [ GATT, nafta ] , Union concessions, more like quality of life concessions. Property Red-lining......

 

[tooldini]

I heard the government is working on rescheduling marijuana to a level 2 or something currently.

[Guest Happy Guy]

I say they don't have standing in States Medical Policies . The only time it becomes Federal is when it crosses State Lines.

 

It seems more than obvious that they keep up this charade of mislabeling dangerous drugs to cover up the fact they have wrongly criminalized millions of American Citizens for their own Political Purposes.

 

Scientific evidence now available, though wrongly denied us, has allowed foreign Cannabis products to become Patented here as early as 2006 and deny us our own opportunity for much needed research and development.

If the federal government doesn't have standing in the states that totally abuse medical marijuana patients, who does? Who would be the one to help patients when state governments say that patients have to buy their medicine at monopolies? The states are playing dirty pool and I'm glad there is someone to stop the bullying. Somebody to kick Kuipers types, who actually have gotten their 'moves' past so called patient advocates. What if Kuipers had set us up like Arizona? He tried didn't he? Who would get him now? I say Obama would. If anyone would, Obama would. You're surely not getting a republican to stop them. That's your choices at this time. Bash Obama and you get yourself a Kuipers.

[Dr. Bob]

There is nothing new with this position by the feds. Clearly MMJ is illegal under both state and federal law, all the MMMA does is give qualified patients a 'free pass' if and only if they follow the rules. Law enforcement has two missions- keep and orderly society and assist the public (no comments from the peanut gallery). The MMMA allows and encourages LEO to let the use of a schedule 1 narcotic to 'slide by' as a compassionate use authorized by the voters. It still remains illegal, but most of the things I've heard from the feds show they are not interested in medical patients, only those trying to push the limits or trying to make it into a criminal or commercial enterprise which exceeds the 'courtesy' the voters gave the sick and suffering.

 

Marijuana has been in medical use for some 5000 years. But it has been illegal for 80 and the police on the streets today have great grandparents that were arresting people for marijuana. There is a mind set out there that it is illegal despite the will of the voters and the reality on the ground as far as it's status as a medicine. Give them the time they need to change their world view to adjust to reality- remember they are essentially deer in the headlights of public acceptance of medical marijuana and the will of the voters. Obey the rules of the program, keep your limits, and show them a little understanding. We have won this one, have a little pity on the folks we 'blindsided' in the polls. Show them by example we are law abiding, productive members of society. Remember the example of Gandhi and wait them out with a ground swelling of support. We have 64,000 card holders, we should have over 400,000 based on population. Get moving and spread the word.

 

We can and should be a human tide over time, and time is on our side.

 

Dr. Bob

[Dr. Bob]

Great advice.....

 

 

Be nice y'all, we will win in the end. Just keep that in mind....

 

Dr. Bob