Federal drug agents won't pursue pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana, under new legal guidelines to be issued Monday by the Obama administration.
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 law.
The guidelines to be issued by the department do, however, make it clear that agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes, the officials said.
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 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 involvement in 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.
Soon after Obama took office, DEA agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans.
21 comments:
Obama's plan to keep prosecutors from arresting marijuana users in the states where marijuana use is allowed, is good thinking. Yet, how are they going to know who is using pot illegally and who isnt? So maybe it is better that they investigate those using marijuana... and using it for medicine is so weird. People should have the right to use whatever is legal without being prosecuted soo..
So what Obama is effectively doing is undermining Congress by making a "suggestion" rather than a legislation. I don't really know how far this suggestion will go. Monterey California's own Monterey Herald wrote an article (which I tried but failed to find) that more or less stated that the entire med-pot industry is simply an attempt to legalize pot for the common smoker, who can get a "pot-prescription" from a "pot-friendly" doctor for something in the ballpark of $200. This makes the statement that "...the government will still prosecute those who use medical marijuana as a cover for other illegal activity..." very subjective, because the federal law still forbids marijuana, yet "suggests" observing state laws that allow it. This could lead to some sticky, rather, hazy, situations, for its really up to the prosecution of any individual case whether or not they want to follow "suggestion" or pull the "Federal trumps State" card, because technically the federal ban is still in place. I will be shocked if 3 years pass without a med-pot case making it to the SCOTUS. On a non-government related note, the statement that "...pot sales in the United States are the largest source of money for violent Mexican drug cartels..." sheds an ironic light on the fact that pot is often affiliated with hippies and peace. I never knew what the term "hippie" stood for, but now I know it must be short for "hypocrite".
Okay so I can see both sides to this issue. The new guidelines issued by president Obama appear to be benefitting the police force and the legitimate patients receiving the drug. If the sanctioned medical marijuana suppliers are in accordance to the state law, although they violate federal law, then it seems to be a waste of time and resources to wrangle them up and punish them. The police force has better things to do and should focus on more important issues. On the other hand, this new legislation also provides the issue of state law being less powerful than the federal law. Also, according to this article, if the businesses appear to be in compliance with their respective state laws then, they won't be prosecuted. I believe that this is a break for all the sanctioned medical marijuana suppliers who are covering up illegal activities. As long as it "appears" legal then it is? Uh, no. The government needs some sort of checking system which allows them to monitor the actions of every sanctioned medical marijuana supplier at any given time. This new legislation has a bittersweet feeling for me. I see the problems associated with it but at the same time I also see that it is a change for the better.
I do not think any plan should be passed that approves marijuana in any form or fashion (unless it is for medicinal purposes, but even then, it is a very iffy subject). If marijuana is distributed to dispensaries: everyone knows that corruption will take place and people who shouldn't have marijuana will have it. That's just the way the world works.
This is good news, cannabinoids have been proven to have medicinal benefits for people suffering from depression or insomnia to people with glaucoma or patients recieving chemotherapy. There is no reason they should be denied medicinal marijuana when it provides a quality of life they can't have on their own or with more expensive pharmaceuticals.
But this article should have been posted 1 minute later.
It’s all about the Kiefer now!
I believe that illegal activity will pursue either way. It is impossible to end illegal drug trafficking (especially in the weed industry) because illegal sale means cheaper sale. Though this might scare the goop drug lords it won’t stop them. Just as before when any kind of weed was illegal the crime rate was still high, so how will this make a difference? This recent attempt to enforce policy actually confused most authorities. After hearing of the possible changes, two marijuana dispensaries were raided due to the "unlawful" use of the Mary J. I believe that if you keep weed or take it away, America will still be high. High times in the government sense, equal high prices. Because of this, the rate of illegal sale, in my opinion, will increase drastically over time. Though medical marijuana is a must, what happens when a patient can not afford it unless illegally sold?
If I was sick, I would not want to spend loads of money on Devil’s Grass if I could get it for cheap somewhere else. However, I do not smoke weed, but if I were, I would want to save money! And that is why, that even with the policy enforced medical marijuana will be used for other violations like selling illegal "grass".
I believe that marijuana will still disperse throughout the usa, despite obama and the governments attempt at ending it federally, with also some states allowing it . I see the use of marijuana to stay steady, both by those who get prescriptions and also those who need them, and by those who buy it simply illegally. I agree with Isaac on the fact that the illegal use of marijuana will no doubt continue to happen either way.
This is what it all comes down to in my mind: once you cross the line of making marijuana legal even for medicinal purposes, you are opening a proverbial can of worms. How can you possibly prove or disprove all claims of "medicinal marijuana use?" It is impossible! That being said, who's to say that marijuana shouldn't be used for legitimate medicinal purposes? How can one deny another person's right to have the best and most current medical care available? I am just glad that I am not the one making this call!
Obama's plan seems to make sense. If it is legal in the state and there are licenced dealers obiding by state laws to distribute the marajuana in legal amounts, I see no problem with this whatsoever. Maybe this will begin to open up the government's eyes to an industry that a substancial amount of money can be made in.
I believe what Obama is trying to do can be concieved as a attempt for a good effort. However i dont see how this will ever work in a full successful extent. There is clearly no way to figure out who isnt using pot legally or at least all of the law breaking pot growers. I believe that in the states that allow legal use of pot should have a close record of the doctors who perscribe it and the patients who choose to use. Maybe even make a buisness out of this and have only certain facilities with the right to produce this drug.
I believe Obama's idea for regulation on pot growing is a great point, and i applaud his great effort for trying. However i believe there is no possible way to track down all of the illegal users of pot. A good idea to keep the legal and illegal users serperate would be to allow the patients who are allowed to use pot only be able to take the medicine at certain hospitals or doctors offices.
More and more studies are beginning to show that marijuana has many medicinal uses. Glaucoma, Cancer, and multiple sclerosis patients all benefit from the affects of the THC in marijuana. So if marijuana has so many medicinal values and doctors are prescribing it to their patients then how harmful could marijuana really be? In 1995, after 30 years of scientific research, the British medical journal Lancet concluded that "the smoking of cannabis, even long term, is not harmful to health." Legalizing the "medicinal" use of marijuana is a step forward to legalizing the drug as a whole.
Obama's plan is a good idea, but it has some shady spots. there isnt a clearly defined boundary for the states to follow, so varying results are possible. as scott said, the "medical" marijuana topic also has loopholes and only complicates Obama's plan. However, im pretty sure those who have medical marij. have some sort of prescription they could show police, whereas those who possess it illegally could not.
Both sides have a point. But it is good to investagate and see who is using the drug. The policy is a good idea because young users shouldn't be usin them. And why would they wanna use if of medicine. That just makes people wanna think they need it and want to go to the doctor or go get it perscribed to them.
I sort of agree with Obama's plan. From what I've heard, marijuana can be beneficial to ailing patients. That's all right, I guess. With this plan, people who are using marijuana for medical purposes are now protected in the states where marijuana is legal. But on the other hand, as Hollie said, how are the police going to determine who is using pot illegally in a state such as California or Montana?
I think that the legalization of medical marijuana could mean that some drug dealers could still sell marijuana by stating that he/she was using it for medical purposes. And what if a patient that took marijuana became addicted to the drug. Marijuana may be a harmless drug, but its effects, much like alcohol, can be damaging.
I'm glad that marijuana as a medicine is now protected by law. However, I'm worried about what will come of this decision.
I think passing this law could be a good thing because its serves for some medicinal purposes such as glaucoma or patients recieving chemotherapy. However, the only bad thing is that I know that the substance will be obtained by those who do not need it. So i guess it all comes down to if the government can find a way to only give the substance to those who are going to use it for medical reasons....it could be a good thing.
This idea is great in theory, but it has two major problems that will be its undoing in the end. If avid users of marijuana realize, during their few moments of concious, unclouded thought, that they can move to another state and not be prosecuted for the use of marijuana, the potheads not already living in those 14 states will pack up their stuff and move their as quickly as possible. Except maybe Alaska, that place is just too darn cold.
Secondly, people can, and will I assure you, use "medicinal" pot distribution as an excuse, or cover, for many other, much worse things. Doctors notes and perscription forms are not that hard to get ahold of and to forge.
In theory, if this idea could be enforced, it would be a good idea. But I just don't see it being enforced effectively, and besides that, legalized pot for ANY use, especially medicinal, is just stupid. Pot is pot is pot is pot, medicinal or not.
Obamas plan to not come down as hard on marijuana users has both it merits and problems. One one hand police can now focus on the 'true' crime happening and not the teenager down the street hanging with his friends and consuming copious amounts of Doritos. On the other hand crimes and wrecks under the influence of pot will rise. Although it his good Obama has turned over a new leaf (quite literally)people should be aware of the lack of stigma surrounding pot now and be prepared for the surge in Doritos sales that follow.
I know that Marijuana helps people with glacoma and people that are reciving chemo thearapy. so leaglizing marijuana for medical purposes wouldnt be a bad thing. but how would you know if people were using it illegaly? You wouldnt baceause people would say that they had it for medical reasons. i think that if someone who uses marijuana for medical reasons they should have and offical statement from a doctor saying that they truly are using for medical reasons
I think that this is a good idea that has a very big possibility of turning into a very bad thing. Its good because marijuana does help some people in some cases and they should be allowed to use it, but if this gets too widespread then marijuana might become used by people who do it for pleasure because money persuades anybody, especially greedy doctors. So, i think that if Obama wants to go through with this, they should take extreme caution and not rush through this because if this goes bad, then it can ruin the entire nation.
This is very good on Obama's behalf. The point that marijuana is illegal is very unintelligent, anyway, for we could be taxing the crap out of it and making more of a profit than even with cigarettes. All he needs to do now is just legalize it or at least "recommend" it as a personal jesture. No point in fighting something that people use anyway. Prohibition has never worked im this country, so why try to keep it going, and just let marijuana sell and allow the government to make money off of it? Hmm... seems like a no-brainer. We aren't taking advantage of our resources.
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