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False Forbearance: Obama Breaks His Promise To Respect Medical Marijuana Laws


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False Forbearance: Obama breaks his promise to respectmedical marijuana laws

 

BY JACOB SULLUM

 

– Two weeks ago, Washington Gov. Christine Gregoire vetoeda bill that would have clarified the rules for supplying medical marijuana inher state. She cited an April 14 letter in which JennyDurkan and Michael Ormsby, the U.S. attorneys for Washington, threatened toprosecute not only growers and providers but also “others who knowinglyfacilitate” their actions, including landlords, financiers, and even stateemployees who license and regulate medical marijuana suppliers.

 

U.S. attorneys in Arizona, California, Colorado, Hawaii, Montana, RhodeIsland, and Vermont have sent similar letters inrecent months, discouragingsome jurisdictions from proceeding with plans to establish licensed medicalmarijuana dispensaries. These threats, which are backed by theJustice Department, kill any lingering hopes that President Obama would keephis campaign promise to respect the medical marijuana laws that have beenenacted in 15 states and the District of Columbia.

 

During his presidential campaign, Obama repeatedly said he would call offthe Drug Enforcement Administration’s raids on both medical marijuana users andtheir suppliers. In aMarch 2008 interviewwith southern Oregon’s Mail Tribune, he said, “I’m not going to beusing Justice Department resources to try to circumvent state laws on thisissue.” Two weeks after Obama took office, a White House spokesman reiteratedthat position, saying,“The president believes that federal resources should not be used to circumventstate laws.”

 

In October 2009, David Ogden, then the deputy attorney general, sent a memo thatseemed to fulfill this promise. “As a general matter,” he told U.S. attorneys,they “should not focus federal resources” on “individuals whose actions are inclear and unambiguous compliance with existing state laws providing for themedical use of marijuana.”

 

Yet the DEA’s medical marijuana raids not only have continued but are morefrequent under Obama than they were under George W. Bush. Americans for SafeAccess (ASA), which argues that patients who can benefit from marijuana shouldbe able to obtain it legally, countswell over 100 raids in the two years and four months since Obama’sinauguration, compared to about 200 during Bush’s eight years in office. “TheObama administration really is being more aggressive than the administration ofhis predecessor,” says ASA spokesman Kris Hermes.

 

At first it seemedthe DEA was targeting growers and sellers who arguably were not “in clear andunambiguous compliance” with state law, since the rules for supplying medicalmarijuana were fuzzy in jurisdictions such as California, Colorado, andMontana. But the U.S. attorney letters conclusively show that, contrary to theimpression left by the Ogden memo, complying with state law provides noprotection against federal prosecution.

 

Justice Department spokeswoman Tracy Schmaler insists there is “noinconsistency” between the recent threats and the Ogden memo, which she says“talks about not investigating sick individuals who might be in compliance withstate law.” Actually, the memo refers not to “sick individuals” but to“individuals” generally, and it cites as examples not only patients but“caregivers” who supply them with marijuana.

 

In any case, the Justice Department’s distinction between patients andsuppliers cannot be reconciled with Attorney General Eric Holder’s descriptionof the new policy. “The policy is to go after those people who violate bothfederal and state law,” he saidin March 2009. “Our focus will be on people, organizations that are growing,cultivating substantial amounts of marijuana and doing so in a way that’sinconsistent with federal and state law.”

 

The new gloss on the Ogden memo, notes Hermes, is “exactly the same as whatBush said for years: ‘We’re not targeting patients.’ There is no change.”

 

The problem, of course, is that most of the “sick individuals” the Obamaadministration claims to be sparing are not up to the task of growing their ownmarijuana. When DEA raids or threats to landlords shut down dispensaries,Hermes notes, “patients wake up the next morning wondering where they’re goingto find their medication.” Obama’s position is that patients can havemarijuana; they just can’t get it anywhere.

 

Jacob Sullum is a senioreditor at Reason and a nationally syndicated columnist.

 

 

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Prior to Ogden memo:............................not going to waste political capitol, ..................SoState Ms Clinton on MM....................

........ then you got the Merida Initiative 2008 ie Help Arm the Cartels, walking guns, etc... Another Bush Legacy. Then the Appt of Michelle Leonhart as DEA head, on record as stifling any MMJ research in the face of AMA finally breaking the ice on its usefullness. In the face of all that, the Raids started....

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Guest Happy Guy

We should make a list of all the federal raids of medical marijuana patients (or others) here in Michigan so we can get a handle on this. There must be a long list of federal cases going to court we can protest at. Anyone have the list?

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Evan the diehard loyalists of Mr. Obama's (and yes, I voted for him) have to admit, he's NOT keeping his promises and he could be doing much more for all of us.

 

Going to be some interesting times around November 2012.

 

Thanks for the post, Mike.

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i'm sorry for this, but sometimes ya gotta vent....Barrack Obama can go F$%# himself! He pimped his way into presidency...thats right, Political Pimpin, look it up!

 

Mrs. P.,

 

Don't be 'sorry' for it.

 

Sometimes 'reality' is ... well... 'reality'.

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Guest Happy Guy

Not even one report? Come on, someone has the list of all the federal raids here in Michigan. We can do it one report at a time if no one has the list.

We need some facts! :rolleyes:

I'll open with the one where they raided a local caregiver, who had over 100 plants, after the casino called them about a incident at a casino.

1. Saginaw Raid. No court case, charges not pressed.

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Guest Happy Guy

lol, very true.

Also I wanted to say thanks for helping to bring this article to others attention :goodjob:

It's been posted a half adozen times, at least, since it was news two weeks ago. :goodjob:

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Guest Happy Guy

No matter how many times posted, or how much time passes...as long as this nonsense continues (especially unanswered for), it will be news!

True. Help me think up some federal raids. Can you think of some here in Michigan? They didn't send that memo here did they? I wonder why?

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True. Help me think up some federal raids. Can you think of some here in Michigan? They didn't send that memo here did they? I wonder why?

 

Not going to get into a p*ssing match with you, don't have the time for it.

 

But I'll bet someone can whip up a list of arrests and harassments by 'local' LEO that was FINANCED and SUPPORTED by FEDERALLY FUNDED LEO agencies.

 

MANY examples.

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Guest Happy Guy

Not going to get into a p*ssing match with you, don't have the time for it.

 

But I'll bet someone can whip up a list of arrests and harassments by 'local' LEO that was FINANCED and SUPPORTED by FEDERALLY FUNDED LEO agencies.

 

MANY examples.

I don't get pissy. At least, I try real hard not to. Because I know that doesn't work as good as working with the facts.

 

I believe it's a long stretch to say every agency that gets some sort of federal funding IS OBAMA. That is not going to fly with medical marijuana people that are not just trying to find some way to smack up the president. Who, by the way, is medical marijuana's best hope for president in the years 2012-2016. My comments always reflect this opinion I have. I find it very important to my future survival and very much worth my time. :D

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I don't get pissy. At least, I try real hard not to. Because I know that doesn't work as good as working with the facts.

 

I believe it's a long stretch to say every agency that gets some sort of federal funding IS OBAMA. That is not going to fly with medical marijuana people that are not just trying to find some way to smack up the president. Who, by the way, is medical marijuana's best hope for president in the years 2012-2016. My comments always reflect this opinion I have. I find it very important to my future survival and very much worth my time. :D

 

As I've have commented before, I genuinely appreciate your efforts.

 

And I will continue to support ANY president that does what he says he will do and uses his authority as given by the American people to make the kinds of changes that IMO are greatly needed.

 

And changing the Federal laws and policies that affect us all in relation to MMJ and cannabis are IMO VERY important, just as you have stated they are to you.

 

IMO we need a president that has a FIRM control on the Federal agencies that have taken on powers and authorities that are beyond their mandate and sometimes even the 'laws' which are meant to govern them.

 

And along with you, I will stand behind ANY president that will take on that task.

 

Come the fall of 2012 I for one will have to reevaluate my previous political choices, and if it appears that Mr. Obama will truly carry out his promises he MAY be the person I vote for once more.

 

But, I must honestly admit that I am seriouly considering other pres candidates.

 

Again, I do thoroughly appreciate your views and opinions.

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Guest Happy Guy

As I've have commented before, I genuinely appreciate your efforts.

 

And I will continue to support ANY president that does what he says he will do and uses his authority as given by the American people to make the kinds of changes that IMO are greatly needed.

 

And changing the Federal laws and policies that affect us all in relation to MMJ and cannabis are IMO VERY important, just as you have stated they are to you.

 

IMO we need a president that has a FIRM control on the Federal agencies that have taken on powers and authorities that are beyond their mandate and sometimes even the 'laws' which are meant to govern them.

 

And along with you, I will stand behind ANY president that will take on that task.

 

Come the fall of 2012 I for one will have to reevaluate my previous political choices, and if it appears that Mr. Obama will truly carry out his promises he MAY be the person I vote for once more.

 

But, I must honestly admit that I am seriouly considering other pres candidates.

 

Again, I do thorughly appreciate your views and opinions.

And I appreciate your views, thank you!

 

Have you considered the 'elect ability factor'? What I mean is that if a candidate can't come close to being elected because of limited support, is it worth it to give your vote where it doesn't do anything? Our medical marijuana votes will be much stronger as a block. Division and splintered voting has been the downfall of many causes. I'm fairly sure that there will be two real contenders in 2012. It will be Romney/Gingrich vs. Obama. I have to admit it's just an educated guess. But if my guess if correct, the choice is clear. I'm not wanting my horse to have a broken leg when he enters the race. He will probably still win with 4 broken legs but why take the chance?

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And I appreciate your views, thank you!

 

Have you considered the 'elect ability factor'? What I mean is that if a candidate can't come close to being elected because of limited support, is it worth it to give your vote where it doesn't do anything? Our medical marijuana votes will be much stronger as a block. Division and splintered voting has been the downfall of many causes. I'm fairly sure that there will be two real contenders in 2012. It will be Romney/Gingrich vs. Obama. I have to admit it's just an educated guess. But if my guess if correct, the choice is clear. I'm not wanting my horse to have a broken leg when he enters the race. He will probably still win with 4 broken legs but why take the chance?

 

 

Points well taken.

 

I'm still in a wait and see frame of mind in regards to how the field plays out.

 

And I do agree, it's probably better to have a bonehead in the Whitehouse that we know rather than a bonehead we don't know.

 

But if Obama blatently takes a dump on us again, I will gladly throw my vote away on some other twit of a politician.

 

Again, thanks.

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Not even one report? Come on, someone has the list of all the federal raids here in Michigan. We can do it one report at a time if no one has the list.

We need some facts! :rolleyes:

I'll open with the one where they raided a local caregiver, who had over 100 plants, after the casino called them about a incident at a casino.

1. Saginaw Raid. No court case, charges not pressed.

DEA Raids Michigan Medical Marijuana Facility

http://the420times.com/2011/04/dea-raids-michigan-medical-marijuana-facility/

 

DEA Demands Michigan's Medical Marijuana Records

http://www.opposingviews.com/i/dea-demands-michigan-s-medical-marijuana-records

 

DEA Raids 4 Michigan Medical Marijuana Facilities – 3 in Oakland County and 1 in Wayne County

http://a2420.com/dea-raids-4-michigan-medical-marijuana-facilities-3-in-oakland-county-and-one-in-wayne-county/

 

Unlike the other states, we are just now getting on the radar. There have been dozens of recent raids in Montana, California, and Colorado.

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Guest Happy Guy

DEA Raids Michigan Medical Marijuana Facility

http://the420times.com/2011/04/dea-raids-michigan-medical-marijuana-facility/

 

DEA Demands Michigan's Medical Marijuana Records

http://www.opposingviews.com/i/dea-demands-michigan-s-medical-marijuana-records

 

DEA Raids 4 Michigan Medical Marijuana Facilities – 3 in Oakland County and 1 in Wayne County

http://a2420.com/dea-raids-4-michigan-medical-marijuana-facilities-3-in-oakland-county-and-one-in-wayne-county/

 

Unlike the other states, we are just now getting on the radar. There have been dozens of recent raids in Montana, California, and Colorado.

All 'facilities', correct? Dispensaries? Our law doesn't say anything about dispensaries. They are not clearly legal here. I can't see that this is going directly against our state law like what is being accused. I have seen a hands off approach here in Michigan when people are explicitly following state law. Our State Government hasn't went out of their way to accommodate dispensaries either. That's why Michigan didn't get the memo sent warning about dispensaries. I believe we are starting to get a clearer picture now.

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DEA Raids Michigan Medical Marijuana Facility

http://the420times.c...juana-facility/

 

DEA Demands Michigan's Medical Marijuana Records

http://www.opposingv...rijuana-records

 

DEA Raids 4 Michigan Medical Marijuana Facilities – 3 in Oakland County and 1 in Wayne County

http://a2420.com/dea...n-wayne-county/

 

Unlike the other states, we are just now getting on the radar. There have been dozens of recent raids in Montana, California, and Colorado.

 

Thanks2,

 

I agree that it is just a matter of time.

 

As the DEA and the Federally funded 'local special drug squads' gain momentum in other states we WILL be on the list very soon.

 

Especially since Mr. Obama has not stepped up and asked the DEA and other 'drug enforcement units' to step down.

 

It will be done on a 'local' level by 'local LEO, but they will be funded and supported by FEDERAL money and officers.

 

Just take a look at the new bill being introduced in Lansing (SB377) that will require a 'list' of 'patient names to be kept by the State Police, and you can be certain that it WILL be shared with ALL 'local' police departments.

 

Thanks for the research and added info.

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SB377 is the bill that wants leo to have our names. As far as I know, SB17 is dead but may be integrated into some other bills or somehow disguised so they could try to slip it past us so we have to keep track of these bills. Peek at the legislature site and see what's on the agenda, what's being proposed, and by who, then read the bill and write letters about it.

 

Everything they do is so underhanded, it's the only way they CAN have the advantage. Playing fair, it would never be possible for the balance of power to be so off center. Imagine how much different the world would be if everyone played fair.

 

Sb :(

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Guest Happy Guy

Thanks2,

 

I agree that it is just a matter of time.

 

As the DEA and the Federally funded 'local special drug squads' gain momentum in other states we WILL be on the list very soon.

 

Especially since Mr. Obama has not stepped up and asked the DEA and other 'drug enforcement units' to step down.

 

It will be done on a 'local' level by 'local LEO, but they will be funded and supported by FEDERAL money and officers.

 

Just take a look at the new bill being introduced in Lansing (SB377) that will require a 'list' of 'patient names to be kept by the State Police, and you can be certain that it WILL be shared with ALL 'local' police departments.

 

Thanks for the research and added info.

SB377 has absolutely nothing to do with anything at the federal level. It is very important to keep it very straight about that bill. It is state generated independently. This is exactly why we need to keep federal and state action separate to fight them the best we can. It is only going to set us back saying, or inferring, that things that are wrong at the state level are a federal problem and blame it on the federal government. Being specific and knowing your specific target, especially on SB377, is of the utmost importance to patients. You don't want to be aiming at the bear across the field when the snake is by your foot.

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