U.S. Attorney Joseph Russoniello expressed his desire yesterday for medical marijuana dispensaries in San Francisco to be run as “communes” rather than as “candy stores.” Russoniello’s reference to “candy stores” is confusing enough, but the Bush-appointed federal prosecutor’s shift from conservative free-market thinking to Marxist communism was a surprise to many in the medical marijuana movement, not to mention the public at large. (more…)

ASA is encouraged to learn that the Obama Administration has taken a major step forward in defining its policy on medical cannabis today, when the U.S. Department of Justice issued a memo giving new instructions to federal prosecutors and law enforcement.  This memo has been expected since we learned that the Committee report to accompany the Justice appropriations legislation would include specific language requiring a written policy.

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(This is a guest blog by Resipsa from the Landa Prison Outreach Project)

Stephanie Landa

Nearly three years ago, I drove veteran medical marijuana cultivator and activist Stephanie Landa to San Francisco to surrender herself to federal authorities. Her attorney, Allison Margolin, had managed to stall the court for an extraordinarily long time, but Stephanie’s luck had run out, and it she’d been ordered to present herself at the federal building to begin a 41-month sentence.

Americans for Safe Access (ASA) had really been there for Stephanie. Among other things, they helped make her last press conference a great success. Executive Director Steph Sheer and California Director Don Duncan personally walked her through the jailhouse door. I was crying and distraught. But I did manage to promise my friend that I would be there for her while she was inside and I would drive her home, just as I had driven her to the jail.

Keeping my promise to bring her home involved detailed negotiations with the prison and three pages of instructions. But in the end, the warden himself signed off on the paperwork.
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The “shock and awe” tactics used by local and federal law enforcement yesterday to raid several medical marijuana providers were indefensible. One would have thought that such paramilitary-style raids were a thing of the past, a remnant of the Bush Administration. And, yet, videos like this one indicate that not only is law enforcement still trying to undermine California’s medical marijuana law, it’s being done with a vengeance. Where else would you see wheelchair-bound people being thrown into police squad cars?

Kudos to the Los Angeles Times for publishing an editorial today on medical marijuana that gets at the heart of the federal obstruction of meaningful research into one of the most promising therapeutic substances.

Despite a press release recently issued by Americans for Safe Access on the federal solicitation of proposals for the production and distribution of medical marijuana, and a report published in April highlighting the government’s monopoly on marijuana research, mainstream media coverage has been scant. (more…)

Recent Drug Enforcement Administration (DEA) activity in Lake County, Los Angeles, and Colorado is cause for concern for medical cannabis patients and advocates. We hoped that federal raids were over when the White House and US Attorney General Eric Holder signaled a willingness to develop a new policy on medical cannabis earlier this year. The circumstances for each of the recent raids differ, but each illustrates a need for the Administration to move more quickly in crafting and implementing that new policy.

This week, the California Senate approved Senate Joint Resolution 14 (SJR 14), a resolution authored by Senator Mark Leno (D-San Francisco) and sponsored by Americans for Safe Access (ASA) that calls for specific changes in federal law. SJR 14 calls for an end to federal interference and intimidation, an affirmative defense for medical cannabis defendants in federal court, and an end to barriers to scientific research. The resolution also calls on the President and Congress to develop a comprehensive federal policy to protect every patient in the United States who uses cannabis to treat HIV/AIDS, cancer, Multiple Sclerosis, chronic pain, or other serious illness.

SJR 14 is part of a strategic plan at ASA to coordinate state and federal advocacy at an historic moment in history. We are far from finished with this work, and we can expect more DEA raids and other federal intimidation before we succeed in harmonizing federal law with state law. But we should not be discouraged that the promise of the new federal policy is still unfulfilled. We are making progress. DEA raids have diminished dramatically from the dark days of the Bush Administration, federal threats against property owners in California have stopped altogether, and we are even seeing movement in Congress.

After the California Assembly approves SJR 14, ASA staff and members will work hard to be sure that Democratic leaders in the US Congress have the California legislature’s instruction in mind when they consider new legislation like US Representative Barney Frank’s HR 2835. That bill will would provide federal legal protections for all qualified patients and caregivers in states that have legalized the use of medical cannabis, as well as any entity authorized under local or state law to distribute medical cannabis.

SJR 14 is one example of how ASA’s strategic coordination can make a difference nationwide. Do not be discouraged when medical cannabis opponents push back. Our persistent work is paying off, and you are helping to make a difference.

Last week, the Drug enforcement Administration (DEA) collaborated with the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Los Angeles Police Department (LAPD) to raid Organica, a medical cannabis dispensing collective (dispensary) in Los Angeles.

The only excuse provided by authorities was that the dispensary had failed to pay sales tax — hardly a reason for federal agents to carry out a paramilitary-style raid. (more…)

Last month, Drug Czar Gil Kerlikowske came under fire for his statement, reported in the Fresno Bee, that marijuana “has no medicinal value.” Giving him the chance to clear up any confusion on the matter, KOMO TV aired a follow-up interview today with Kerlikowske. The Drug Czar had this to say:

Sometimes you make a mistake and you work very hard to correct it. That happens. I should’ve clearly said ’smoked’ marijuana and then gone on to say that this is clearly a question that should be answered by the medical community.

Kerlikowske also said:

[T]he FDA has not determined that smoked marijuana has a (medical) value…

Although it’s nice to see a correction to his previous statement, and leaving it to the medical community is favorable to harmful and unnecessary law enforcement actions, the Drug Czar’s position is still problematic. (more…)

A Request for Proposals issued yesterday by the Department of Health and Human Services (HHS) for the “Production, Analysis, & Distribution of Cannabis & Marijuana Cigarettes” begged the question of whether the federal government was getting into the business of cultivating and distributing medical cannabis. The answer is both “yes” and “no.”

The National Institute on Drug Abuse is soliciting proposals from qualified organizations having the capability to (1) grow, harvest, analyze, store and distribute GMP grade cannabis (marijuana) on large and small scales; (2) extract cannabis to obtain purified phytocannabinoids including delta-9-tetrahydrocannabinol (delta-9-THC), analyze, and store; (3) prepare marijuana cigarettes and related products; and (4) distribute marijuana, marijuana cigarettes and cannabinoids, and other related products for research and other Government programs upon NIDA authorization.

The truth is the federal government has a schizophrenic position on the issue. (more…)

The tiny state of Rhode Island took a big step last week when the House of Representatives passed a bill authorizing nonprofit associations to “acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana” to legal patients. The Senate has already adopted a similar bill, and the 63 to 5 margin in the House makes the bill veto-proof. Patients and caregivers in Rhode Island may be the first to acquire medicine from 100% legal dispensing associations.

The significance of this should not be lost on lawmakers in Washington, DC – or in cities and counties in California. More than twelve years have passed since California voters approved the nation’s first statewide compassionate use law. The Drug Enforcement Administration (DEA) has raided hundreds of patients’ associations in California since then. Providers have been arrested, prosecuted, and even jailed. Despite a brief respite from DEA raids and indications of reform from the new Administration, there is still along way to go in defining the new “American policy” announced by Attorney General Eric Holder in February.

State and local representatives also have work to do. Too few of California’s cities and counties have adopted ordinances like the provisions that will soon become law in Rhode Island, despite the fact that research by Americans for Safe Access (ASA) indicates sensible regulations reduce crime and complaints around patients’ associations. Far too many jurisdictions have banned safe access altogether by prohibiting dispensing collectives and cooperatives outright. That flies in the faces of common sense and leaves legal patients at the mercy of a dangerous and unregulated illicit market. The example of Rhode Island should make it clear that regulating safe access is the path forward.

Patients and their loved ones can hope that Congress, other states, and local government follow in the trail blazed by our smallest state. Most Americans believe that cannabis is medicine. It is past time for their elected representatives to catch up and adopt the guidelines that make the voters’ will a reality for patients all over the country.