Has the Federal Government Changed Its Policy on Medical Marijuana Enforcement or Just Changed Its Reasons for Continued Interference?
February 3rd, 2011Posted by Kris Hermes
It would appear that raids by the Drug Enforcement Administration (DEA) in medical marijuana states have declined since President Obama’s Justice Department issued its infamous memorandum in October 2009. But, in fact, raids have continued at an alarming pace. For example, in the 16 months since the Obama Administration’s policy change, the DEA has conducted at least 43 raids in California, Colorado, Michigan and Nevada. That’s nearly 3 raids per month on average. Although arrests were not made at all of the raids, President Obama’s Justice Department has seen fit to indict and prosecute at least 24 patients and providers in connection with those federal actions. Can this really be the result of a new federal enforcement policy?
Attorneys for two of the most recently indicted cultivators from Michigan vehemently argue that their young caregiver clients were in full compliance with state law. If that’s true, do these federal actions have more to do with hostile DEA agents and bitter U.S. Attorneys — angry that their decades-long drug war has been narrowed — or are they based on willful deception by President Obama’s Justice Department? Maybe both.
While it could be argued that some of last month’s arrests in Las Vegas, Nevada, which resulted in a total of 15 indictments, was based on the fact that Nevada law does not allow for centralized distribution. And, yet, how are patients supposed to obtain their medicine if they are too sick or lack the skill to grow it themselves? Would the DEA prefer that patients seek out their medicine from the illicit market? And, why should the federal government be able to prosecute violations of state law in federal court, where patients are prevented from using a medical marijuana defense?
Did the American people envision their tax dollars going to such harmful and unnecessary federal actions, especially after a policy was issued claiming that such actions would cease? With popular American support for medical marijuana at more than 80 percent, we think not.
It’s time for the Obama Administration to deliver on its promise to leave patients alone. The DEA must take a hands-off approach to enforcement of medical marijuana production and distribution. Any allegations of local or state law violations should be prosecuted in state court, and not in federal court (i.e. no more federal indictments). In addition, DEA agents should be refusing to assist local law enforcement in raids on patients and providers, period.
Only after the federal government stands down on this issue will states and their localities be able to effectively implement medical marijuana laws passed by the people.
February 3rd, 2011 at 9:11 am
In the second to last paragraph, did you mean to say that local law enforcement should be refusing to assist the DEA in raids on patients and providers?
February 3rd, 2011 at 9:28 am
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February 3rd, 2011 at 10:17 am
This does not come as any surprise to me at all.
Deceit is the middle name of the Democratic party.
To take a line from a previous election, Obama seems to be saying to we the patients – NO YOU CANT!
God Bless America.
JFD
February 4th, 2011 at 5:00 am
The US Government should overcome its own “denial” with respect to Medicinal Cannabis, which can serve as a safe alternative to many pharmaceutical chemicals on the market. I believe it is very positive that the President acknowledges the “validity” of this debate. Whenever the validity of the debate is recognized, such a “recognition” invariably implies that our side has a “valid argument”; this being so, it follows that our side (in favor of Cannabis/Medicinal Cannabis Legalization) has a very real possibility of winning this “perfectly legitimate debate”, for otherwise it would not be a “debate”. For example, to even suggest that Cannabis Plant has no medicinal properties is not even a “rational” thing to do; as a “recreational” substance, Cannabis is incomparably safer than alcohol! And if all this were not enough, it is scientifically proven that Cannabis use (as opposed to alcohol use) suppresses violent urges and behaviors. All this is true even if the President is “personally opposed” to legalization (at least for now). But we cannot sit on our butts and passively expect positive developments to occur. We must participate actively, write comments at the news articles, write to politicians, sign petitions, register to vote, etc. I specifically urge all the young people to talk to their parents and grandparents and educate them about Cannabis vs. alcohol and hard drugs. As the logical evidence in our favor inexorably accumulates, the “qualitative shift” will occur in our common consciousness, and we will win this “perfectly legitimate” debate!
February 4th, 2011 at 5:08 am
[...] Has the Federal Government Changed Its Policy on Medical Marijuana Enforcement or Just Changed Its R… [...]
February 5th, 2011 at 3:04 pm
[...] marijuana is not a binding or long lasting assurance of anything. We need to change the laws! (Americans for Safe Access) It would appear that raids by the Drug Enforcement Administration (DEA) in medical marijuana [...]
February 5th, 2011 at 4:24 pm
[...] marijuana is not a binding or long lasting assurance of anything. We need to change the laws! (Americans for Safe Access) It would appear that raids by the Drug Enforcement Administration (DEA) in medical marijuana [...]
February 6th, 2011 at 7:00 am
[...] marijuana is not a binding or long lasting assurance of anything. We need to change the laws! (Americans for Safe Access) It would appear that raids by the Drug Enforcement Administration (DEA) in medical marijuana [...]
March 14th, 2011 at 3:14 pm
[...] is another example of the Administration failing to live up to the early promise of a better policy. ASA Executive [...]
March 14th, 2011 at 3:25 pm
Charlie, much of the time the feds are requested to assist in these raids. We are asking the feds to refuse to assist what are often hostile local officials from attempting to undermine the implementation of state law.
April 17th, 2011 at 6:14 pm
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