Holder Asked to Clarify DOJ Medical Marijuana Policy
May 13th, 2010Posted by Caren Woodson
Rep. Polis, one of the newest members of the House Judiciary Committee, asked AG Eric Holder to clarify more questions about the DOJ’s medical marijuana policy.
Building on Rep. Cohen’s questions to AG Holder, Rep. Polis first offered his applause and support for the DOJ memo disseminated last fall to US Attorneys discouraging prosecution of individuals in clear and unambiguous compliance with state law. Then, Rep. Polis asked the following:
Will you describe the objective processes DEA and US Attorneys are using in order to make a determination about whether individuals are in “clear and unambiguous” compliance with state law?
To which, AG Holder provided the following response:
I hate to keep saying this over and over, but it happens on a case by case basis.
We look at the state law, the restrictions, and how the law is constructed. A number of other factors in the memo provide additional guides; is marijuana being sold consistent with state law? Are firearms associated with the sales? These and other factors contained in the the memo are what US Attorney are supposed to consider when trying to determine whether federal resources are going to be used to go after somebody.
To which Mr. Polis responded:
Well, I would certainly encourage that the question of whether or not its consistent with state law be left to state enforcement actions.
Following that excellent line of questioning, Mr. Polis set out to clarify what steps AG Holder was taking to ensure that the spirit of the enforcement mechanisms outlined in the memo are not contradicted by field agents (like Jeffery Sweetin) which can strike fear in legitimate businesses in the states.
Accepting this responsibility, AG Holder replied:
It is incumbent upon me as the Attorney General to make sure that what we’ve set out as policy is being followed. To the extent DEA or US Attorneys are not following that policy, my responsibility is to make sure the policy is clear, disseminated, and that employees of the Justice Department act accordingly.
Not wanting to let Mr. Holder off that easily, Rep. Polis then asked:
Are these statements (by DEA Agent Jeffrey Sweetin) contrary to the DOJ’s policy?
To which, AG Holder said:
If the entity was compliant with state law and didn’t involve any other factors outlined in memo, then that would be inconsistent with the policy we’ve laid out.
May 13th, 2010 at 2:54 pm
The three questions I would have ask are these, Mr. Holder, why is marijuana continuing to be classified as a schedule 1 drug? Does not the fact that 14 States have recognized the medicinal effects marijuana and have passed laws to make it available to certain patients conflict with Federal law? Marijuana either has medicinal qualities or not, which one is it Mr. Holder?
May 13th, 2010 at 3:17 pm
Over and over again, Attorney General Holder uses deflective rhetoric to avoid ANY kind of commitment to respecting ANY MMJ statutes.
Tough Questioning? The Attorney General brushed Rep. Polis and ASA aside like he was swatting a fly.
Things are looking worse and worse for Los Angeles County and, thus, the rest of the MMJ community.
This just shows how little politicians care, in general, about the ‘people’ who vote an honest ballot and expect to have their wishes fulfilled with fairness and safety.
From what I see, the MMJ hopes diminishing.
I hope I’m wrong.
May 13th, 2010 at 4:21 pm
Where can I find a copy of the memo Holder is referring to?
May 13th, 2010 at 4:48 pm
What do guns have to do with it? By the 2nd Amendment we can own guns and if they are on the persons in open carry states then the laws are still being followed. None of this is Constitutional.
May 13th, 2010 at 6:49 pm
[...] Feds asked to clarify medical marijuana policy. [...]
May 13th, 2010 at 7:58 pm
I have a more pointed question. Why is a civilized(?) nation continuing a marijuana policy based on racist lies—
“Marihuana influences Negroes to look at white people in the eye, step on white men’s shadows and look at a white woman twice.” (Hearst newspapers nationwide, 1934)
“There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana use. This marijuana can cause white women to seek sexual relations with Negroes, entertainers and any others.”
“…the primary reason to outlaw marijuana is its effect on the degenerate races”
- Federal Bureau of Narcotics Director Harry J. Anslinger, 1930
“Marijuana is an addictive drug which produces in its users insanity, criminality and death.”
“Marijuana is the most violence causing drug in the history of mankind.”
“[Smoking] one [marihuana] cigarette might develop a homicidal mania, probably to kill his brother.” (see US Government Propaganda To Outlaw Marijuana - http://www.druglibrary.org/schaffer/hemp/taxact/t3.htm)
Which of these threats has the highest priority?
May 14th, 2010 at 12:45 am
Yep you see that why we cant let this here hippie smoke to be use.
May 14th, 2010 at 1:43 am
As a life long professional musician and composer I can truthfully say that marijuana not only helped inspire my huge variety of music, it also helped me to relax and create. (No songs praising the devil OR religion, drugs or chasing women.) Well, a few about women.
I broke my neck the first time in 1980 and never realized it. I worked with that injury until 1999 when I rebroke it. MMJ was NOT legal in Texas and the Southern states where my band toured for almost 20 years.
The biggest danger from marijuana is that BIG government including state reps are not getting a huge kickback from sales. However, Colorado has a fee of 5000 dollars to open a dispensary. That cuts out anyone who is indigent but has the ability and medication to open one if they don’t have five grand to pay the state. That leaves out sources of medication from other indigent patients with the ability to grow meds and help supply a lower budget operation. That does present a problem where ONLY the priviledged or wealthy can run a facility to as they say (treat patients with compassion.’)
That compassion went out the wndow with a fee being imposed on people who want no more than to help others in pain and need. AND to suppliment an almost non existent income, no SSI, no nothing. I work as a freelance writer now so I occasionally have enough money to buy high priced meds within 50 miles of my home. Since I can’t drive very far with a spinal cord injury I am at the mercy of greedy retailers. as well s the patients I try to help in Brush, one is a Vietnam veteran with brain cancer.
I believe that the state looks at dispensaries making hundred of thousands of dollars each year from MMJ sales. Regulation is the key. Limit the number of dispensaries in a city. Tax it like alcohol but do not put it in the same category. Brush Colorado issued a moratorium against dispensaries here but has 2 drive in liquor stores. One is right across from City Hall and the Police station. The second drive through booze joint is at the ONLY grocery store in town.
Yet, the (CITY COUNCIL) is worried about the image tourists will have when knowing a non descript, incognito dispensary is here. More ridiculous discrimination against would be facility owners and patients runs rampant in a red neck city. Brush is like a ghost town with businesses closing and people leaving for prosperity and to make a living.
The biggest danger from marijuana is that it lets injured patients think for themselves and does not pay druggists a huge kickback from addictive drug sales. I agree there may be a few mafia run dispensaries. If they are flaunting that new Mercedes or anything else obvious from selling MMJ, perhaps they should be watched more closely.
My friend and I tried to open a coffee and snack shop in Merino. Our lives were threatened. We were ripped off for 600 dollars in rent money by that jerk Ted (the Prickett) who owns the Trading Post who KNEW for over a year that I was a patient but turned his back on me.
This was a coffee House, not a dispensary but we had invited EVERYONE to come and DRINK COFFEE with us. Wisdom Carnival company is located there too. They are a major air polluter but threatened to send thugs after us if we didn’t leave. My partner is a 63 year old retired child abuse investigator. She spent two weeks on her hands and knees scrubbing a filthy former hair salon to get the little shop clean enough to serve 50 cent cups of coffee and supply a free reading and lending library for these illiterate goofballs..
Remember that when you go to Brush or Merino. Better yet avoid these places. that will serve you enough booze to drive away drunk. Mention medical marijuana at the risk of your own life. Have an 8 dollar hamburger at Jamabalaya’s after waiting 30 minutes to be noticed and another 20 waiting on your burger. They will watch you drive off into traffic with a smile and a weaving motion.
Thomas Lee Howell aka Tom Lazer
Dark Star rock and roll band 1978-2010
May 14th, 2010 at 3:55 am
On the surface this is good news. That is, the DOJ’s medical marijuana policy.
Except for one small item.
There is a trial being held, behind closed doors. The defendant is not allowed to present a defense case. The defendant is not usually there at all.
This is the trial where federal authorities decide if a defendant has broken any state laws.
Very very very clear violation of due process.
May 14th, 2010 at 5:17 am
My 44-year-old daughter is in constant pain and has crippling bouts of nausea and vomiting. Except for rather strong opioids, no prescription drug has helped her, and her doctor is unwilling to give her strong opioids. After seven years of dragging to one MD after another, she still has no comprehensive diagnosis. Her life is torture; she is mostly bedridden, and her condition continues to worsen.
I would like her to try medical marijuana. None of the above objections apply to her situation. She is not about to become violent, criminal, or promiscuous, and she is a lot more likely to become insane if her life continues on this demoralizing, depressing, and disastrous route.
What is your objection to the use of marijuana medically? Is it immoral to use it to relieve suffering? Are you afraid that she will begin dealing it or, somehow, infecting community morals?
I entreat you to reconsider this issue more thoroughly.
May 14th, 2010 at 5:32 am
Have they lost there minds? Everyone knows this is a bunch of crap designed to prevent rescheduling and allowing medical marihuana. Can’t anyone come up with a reasonable excuse for not legalizing. The government will make a fortune in taxation! Have they lost their minds? I am in terrible pain. I have had 6 surgeries since May and many before that. I have spinal stenosis throughout my spine and I am gradually having a terrible surgery as I lose mobility. Next is my neck and I am scared to death. The answer I get for pain is Pain Management which means drugs. CAN ANYBODY TELL ME WHY IT IS BETTER I TAKE NARCOTICS LIKE VICODAN, OXYCOTIN, VALIUM, AND MORE???????I can do better on pot. AGAIN- HAVE YOU LOST YOUR MINDS??? Please write me and tell me why I can’t have something non-addictive, non-harmful, not so totally mind-bending, and that make me sleep through me life? I can’t even read a simple document and comprehend what it means. I have had to correct multiple errors here because of the drugs. PLEASE TRY MY PAIN AND THEN DENY ME. Will it take you lawmakers getting sick to make the change? At least pot makes me alert but allows me to forget my pain and continue to struggle to keep going and I am happy instead of sitting here crying in my wheelchair. I just turned 56 yrs old. I expected to be having the time of my life now that my kids have left home. Instead my house just got out of foreclosure and my parents are supporting us. THINK
May 14th, 2010 at 7:47 am
In a time when this country is torn apart be the Economy, Racial Profiling, Unemployment skyrocketing, Bank bailout on the backs of your Citizens, down grading Education, we should look to Hemp and Marijuana to restart this Country. Throwing peaceful Citizens in jail, killing family animals, all to a Plant that once was the main staple of the American fiber of life. We’ve used this plant for 7000 years until the Government wanted to help bail out the Paper industry from disaster.How long will the Citizens of the USA have to die, be imprisoned, give up their rights to something GOD put here
Book of Genisis: verse 1:29 ” GOD says, Behold, I have given you every HERB bearing seed, which is upon the face of all the Earth 1:30 nI have given every GREEN HERB for meat and it was so…
May 14th, 2010 at 11:36 am
I can not see any room for the DOJ to stop hassling Americans and let this wonder herb do as our God predisposed it to be used!!!
May 14th, 2010 at 4:00 pm
You people that seam to be in control in Government are lost on the Herb subject. While governmental aids and higher ups are doing coke and partying up, get right, People this is GOD’s Herb given to man to use wisely, FOR EVERYTHING!!!! Herb oil for the car, for healing cancer, I have proof of it, growing herb for the seeds, which are high in omega 3′s and protein, it is sold in all health food stores, the list of healing goes on with the benifits of herb. Herb by its self has never killed anyone,,,,, Hello did you hear me, stop with your perversion, I am a 50 yr. old man that takes care of my home and family and 94 yr. old father. We work in the community. I am disabled, however I work through my pain and use the herb wisely, and it releaves my pain, I use zero other drugs to help my pain which was causing organ side effecs. I do yoga and I am also a vegan, that eats fresh fish I eat herb, it relaxes the muscles & nerves. I stay fit and in shape. Legalize it NOW in the name of HUMANITY and stop shooting yourself in the foot and making everyone else shoot themself in the foot by this stupid drug war. What a wast of time and money. It always seams to be about the money not lives
May 14th, 2010 at 4:21 pm
The TRUTH is in the ground. Drilling for oil destroys our mother Earth. While cultivating, and tilling the soil and growing the herb, creates fiber for clothes, food & nurisment for humans, medicine for humans. Cannabis is part of the holy anointing oil handed down to Moses; Exodus 30:20. There is zero people out there that can prove me wrong. Time to put the country back to work and LEGALIZE and educate. Create jobs, give the people what they need. Give us liberty and let us grow, the people WILL respond in kind. Love creates Love. War creates hate and destruction. To all the people out there that do not know, get education from the nurses board of health, or “NORMAL” or google cannabis for healing. Its time people to grow up and lead the world to LOVE AND UNDERSTANDING Rev. Dave
May 15th, 2010 at 7:26 am
The City Of Billings wants to place a ban ordinance on Medical Marijuana stating reasons like the massive numbers of kids bringing marijuana brownies to school (i’d for one would love to see a ratio of marijuana brownies to say…possession and use of tobacco at school…or possession and use of alcohol at school)…and expressing fears that kids will buy marijuana from a dispensary that’s near a school…to protect the safety and health of the youth……meanwhile the school faculty turns a blind eye on “Smokers Alley” (every school has a spot that the kids have designated as the smoking spot…where even that cop who prances through the halls to protect their health and safety cant find them.)….the smokes are sold next door to the school (ID recommended but not usually required)…along with alcohol (ID recommended but not usually required)…usually a pharmacy next to the school as well….those DRUGS YOU BUY AT A PHARMACY ARE STILL DRUGS and it’s just as likely that a youth would walk into a pharmacy and purchase a bottle of vicodin as to walk into a medical marijuana dispensary and buy a joint…..our city council voted 9 to 1 for this ordinance! if smoking pot makes you braindead, it’s probably a good thing that our city council stopped smoking when they did…..even our kids know that marijuana is less harmfull than tobacco…why don’t our adults?….Marijuana Has an accepted medical use…doesn’t that dequalify it from schedule 1?….remove it from schedule 1 and we can start focusing on with more productive things, because there won’t be a need for each city and each state to waste thousands of hours and millions of dollars debating and campaigning………..you might not be as old as I am…but when I was a kid we all stood up every morning and said these silly words….every day….”I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, One Nation under God, Indivisible, with Liberty and Justice for ALL.” …..right now …..seems like we’re not all that Indivisible…..14 states that have legalized it all have completely different marijuana laws, the states that havn’t don’t enforce the laws they have written, Liberty? Justice?…. if our chief of police can recommend viagra to his employees and distribute it straight from the evidence lockers, and his friends on the city council pay him 2 million dollars to be quiet about it, I think I should be able to recommend marijuana for my damn self if I’m an adult!
May 15th, 2010 at 12:45 pm
After reading all the comments here, i have to agree with all.Does it really have to be this way, living in pain as well as in fear?. I think the government should try wearing the other shoe of people in pain for a bit,it may change their minds. Iam a spinal cord injury patient,who has gone thru the whole process of help from pain mang. specialist,who prefer to use you like a ginny pig.i have been on heavy narcotics they give me,that have serious side affects.I have fought agianist the use ,but have no choice but to use them,as they think it is the best answer for me.I recently was subjected to a urine test for no reason,found to have marijuana in my system,and was taken off my meds,& given methadone instead,which i refused to take.2 friends killed themseleves on easter sunday after being put on this med.I still refuse to go more toxic meds,7 WILL CONTINUE TO USE MMJ,as a better,less dangerous form of pain management .thnx to all who write their stories.hope all goes well for everyone soon.
May 15th, 2010 at 3:31 pm
I would have asked Holder about Balack Obama’s nomination of Michele Leonhart to head the DEA.
As interim director of the agency, Ms. Leonhart has obstructed efforts to end the destructive conflict between federal and state medical marijuana laws while overseeing federal raids and arrests in disregard of state law – contrary to the present policy of this administration.
Furthermore, she has blocked scientific research on medical marijuana, in disregard of this administration’s pledge to let science, rather than ideology, guide public policy.
In particular, Ms. Leonhart has neglected to reply to an eight-year old petition to reschedule marijuana for medical use, which is supported by NORML and was called for by the AMA and a growing number of states and federal judges.
She has further denied the application of the University of Massachusetts to establish a research facility for FDA development of marijuana, overruling the recommendation of the DEA’s own administrative law judge that this was not in the public interest.
Ms. Leonhart has incomprehensibly called the rising death toll civilians attributable to the U.S./Mexican drug war “a signpost of the success” of her agency’s policies.
Ms. Leonhart’s actions and ambitions are incompatible with common sense marijuana law reform and the stated policies of the Obama Administration.
Is her nomination another indication of the now-notorious “Obama Waffle”?
May 15th, 2010 at 5:14 pm
it seems to me that 1/4 of the united states believes that marijuana is safe in being consumed in its smoked and eaten states. it seems to me that the states that have medical marijuana have very populated cities and large land mass. It has occurred to me that if these 14 states have someone a relative next to them, (example: Jane doe lives in california, her sister lives in arizona) then they should spread the word of the positive effects of marijuana. Marijuana aka Cannabis sativa/indica is a great gift to have. It is said that the thc contained in marijuana promotes programmed cell death(kills cancer). there are more than 7 different cancers that cannabis cures, and they all range from skin cancer to anal cancer.i am not a doctor, but i believe doctors have been lied to, the communities have been lied to , and the people need to understand that cannabis is not evil. It is an herb, dieocidious and annual . it was created equal under God’s eyes. we should use the plant in its potential to cure the worlds wounds. please donate and become members of NORML and lets win this war on drugs and bring peace among our neighbors.
love, flyhigh
May 16th, 2010 at 7:43 am
I applaud all of you that have replied. I do not have much to add for alot of bases were covered. None the less, our goverment is ridiculous on this matter. Do they really need to get richer? Everything has to do with money, and as my Gods word says: “the Love of money is the root of all Evil” I allow my children to view the websites I overlook such as Norml, Moms 4 Marijuana, and Asa (just to mention some) It comes from the purity and innococent mind/heart of my 8 year old daughter…..”Daddy, if Cannibis is helping heal so many people, if its helping so many feel better, and it doesnt even reallly hurt anyone…..why are so many people getting in trouble and going to jail for it?!” Its as simple as that! The funny thing is that she is well aware that Marijuana is labled a “drug” and in the gov’ mind it is considered “wrong and illegal”…..even my 8 year old can distinguish the difference between the two. lol – She wants me to become President so I can make the “growing of marijuana and cannabis hemp” legal in the states! She’s SO cute……wish it was that simple!!
May 16th, 2010 at 9:39 am
The problem is very simple. WE DO NOT LIVE IN A FREE COUNTRY. It has been bought and paid for by big business. “We the people” do not exist in the eyes of our handlers. The only use we have to those that run this country is to consume the products they want us to and pay taxes.
May 16th, 2010 at 4:30 pm
i have constant pain after a spinal fusion,i also have hepatitis c,and epilepsy.the hepatitis keeps me from using many drugs for pain,can’t take anything with aspirin in it as many narcotics do.marijuana works better for me than anything!!!i live in virginia in 1979 they introduced the compassinate use law,but doctors are still restricted from prescribing it because of the conflict between state and federal law. why should people have to suffer because our elected officals continue to give everyone the run around.why should prisons be over filled because of our elected officals again give us the run around? reschedule medical marijuana nation wide!!! the jerks that throw the fire bombs and continue like the idiot in his statements above that continue to go back to 1930,wake up asshole it’s 2010.lock up the fire bomb jerks,i’m sure thats against the law!! alcohol is 100 times worse than marijuana.i have seen many more fights over a bottle of alcohol than a bag of weed.i do not understand what the problem is,LEGALIZE MEDICAL MARIJUANA NOW!!!!!!
May 18th, 2010 at 7:35 am
Watch the video here http://www.youtube.com/watch?v=MMCHmU-nFAM
May 23rd, 2010 at 8:04 am
The pwerful lobbying against re-scheduling MJ is by the Tobacco, Pharmaceutical, and Liquor interests.
At least one tobacco company (Philip Morris) has already taken out trade names for evantual re-scheduling, such as “Strawberry Cough” and “Maui Wowie”, but they do not welcome re-scheduling because of the huge investment necessitated in opening up a MJ side of their existing business.
The Liguor people are screwed because lots of people who drink beer after work to relax will put that money into medication.
The real problem are the Pharmaceutical companies, because they’ll lose those nice $10/pill sales for Oxycodone and such, when people begin growing their own meds, and have access to reliable collective medication.
In addition to the vast lobbying budget Pharmaceutical companies wield, imagine how many wealthy ‘movers and shakers’ possess Pharma stocks in their portfolios. The value of those stocks will diminish drastically when MJ is eventually legalized across America, and resistance to this eventuality is the prime force behind resistance to re-scheduling.
June 10th, 2010 at 2:41 pm
Marijuana! It’s like death, it does not discriminate race, political preference, sex, religion! So why are we fighting over this herb? Really though, is it because politicians/government/pharm. co. aren’t making any money off of it?
I don’t remember the world fighting over vicodin, which has addicted more people than I can count. Or morphine, whom I lost a family member from, of course it was prescribed. Funny though, I’ve never seen anyone get into a fight, use a fire arm, or have any type of agressive behavior while smoking, eating, or using any type of marijuana.
I will say this, after 6 brain surgeries, 1 to go, glycoma, hemiplegic migraines, cluster headaches, intestinal spasms, and inlarged cysts in my olvaries, after being on many many pain killers, I’d choose Marijuana over any drug of the week. If you are not in pain, don’t have Cancer, don’t go through what we do, don’t go against unless you really know.
If I was on vicodin or any of the 5 narcodics I have in my medicine cabinet everyday, my kidneys would give out and I would need a transplant.
So I ask you who fight this treatment, what if I was your daughter? Your son? Your wife? Your mom? What if this treatment worked best for their bodies and you took this away?
Shame on you…
August 1st, 2010 at 11:12 am
We are on the same page-medically and probably spiritually-My spouse and I have been horribly attacked by the DEA and Federal Court system. I have lost my job as full time caregiver and my wife’s condition has deteriorated drastically because of their terrorist attack on our home and family, while as life time Washington State residents we were within unambiguous state guidelines with 3 separate doctor’s recommendations. Our lives have been virtually destroyed by a government of the people, by the people and for the people. Shame on them all. –clint God help us all