Attorney General Hints That Feds Won't Pursue Medical-Marijuana Cases

Attorney General Hints That Feds Won't Pursue Medical-Marijuana Cases
March 3, 2009

News Summary

DEA raids on medical-marijuana dispensaries could end, with the federal government leaving enforcement of state medical-marijuana laws to the states, Attorney General Eric Holder seemed to indicate in recent comments to reporters.

The San Francisco Chronicle reported Feb. 27 that the Obama administration may tack away from the policy of DEA raids and federal prosecutions of medical-marijuana program operators pursued under the Bush administration. Obama signaled support for medical marijuana during the presidential campaign.

"What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing here in law enforcement," said Holder. "What he said during the campaign is now American policy."

DEA raids on medical-marijuana programs had continued into the early days of the Obama administration, prompting protests from advocates and a statement by White House spokesperson Nick Shapiro that "the president believes that federal resources should not be used to circumvent state laws."

Drug-policy advocates also hope that Obama will lift a federal funding ban on needle-exchange programs as well as restrictions on marijuana research.

Editor's note
This story's original headline and lead paragraph have been edited to clarify the apparent scope of Holder's comments. See the comment posted below by Join Together news editor Bob Curley.

COMMENTS ON THIS ARTICLE:

Posted by Frank Winkler on 03 Mar 09 10:21 AM EST

Some in the treatment, prevention, and especially enforcement community may see this as a disappointing step in the wrong direction ion terms of combatting marijuana use, but on a larger scale, it does resolve a long simmering and growing problem of pitting federal enforcement authorities against state and local authorities on how best to deal with the medical marijuana (growing, distribution, sales, use) question. Stories, especially out of California in recent years, reflect only too clearly how much enmity developed over conflicting and confusing enforcement policies by pitting Feds against state and local law enforcement. While the "solution" may do little to nothing in terms of combatting pot, it does help to put the problem in its proper venue for more consistent action, whatever that might be. It also helps to allow local community values and priorities to prevail in terms of policy development and execution, and it diminishes the perception of "Big Brother" trying to tell the local ciommunity how to live its life. Frak Winkler SAYNO In Montgomery Alabama

Posted by John from Oceanside on 03 Mar 09 10:31 AM EST

This story is not true. It came from a press release issued by MPP and NORMAL. The Attorney General comment was taken out of context from a press conference and MPP and NORMAL put out the press release and the hoax was on. None of press checked with the AG office they just ran with the story. The truth is that as of today no policy has changed. President Obama said on his campaine that he didn't think federal agencies shouldn't target "Medical Marijuana Patients", and the DEA and other Federal Agencies never have. They go after Illegally Run Dispensaries. MPP and NORMAL propaganda use the myth that poor marijuana smokers are overflowing in our prison's. Just is not true. There are people in prison with marijuana charges along with their robbery charge and assault charge and burglery charge. The poor weed smoker is sitting on the couch chilling.

Posted by community member on 03 Mar 09 10:32 AM EST

This information is incorrect. Our contacts with the AG's office and the DEA in Washington indicate they have not issued an press release on this sbject. Several pro pot organizations have errononeously used comments from White House staffers in other settings for their own purposes. Several newspapers that ran with the story are now printing retractions, and so should JTO.

Posted by Donald B Parsons on 03 Mar 09 10:44 AM EST

I just wish to address one point to your post Frank. Federal LEO's and State LEO's were never pitted against one another to my knowledge, only the Feds against "WE THE PEOPLE" as we are the ones voting overwhelmingly in favor of Medicinal cannabis. Even our Founding Fathers were for SMALL GOVERNMENT. It seems BIG BROTHER just got 1.3 TRILLION dollars BIGGER and growing as we speak. I live in Maine and am proud to say I VOTED YES on QUESTION 2. Crime did not rise as a result and neither did consumer numbers, I believe that teen use actually has gone down since from 4.9% to 4.2% in the past decade.

Posted by Donald B Parsons on 03 Mar 09 11:08 AM EST

I'm sorry if I don't just outright believe John from Oceanside or community member without proof. I would like you to back up your claims if you could cite a couple of articles I could reference it would be greatly appreciated. community member writes, "Our contacts with the AG's office and the DEA in Washington indicate they have not issued an press release on this sbject." (the misspellings are not mine, I was quoting)I would be curious to know who "Our contacts" are if there be such people. No John , the fortunate weed smoker still has a job when not sitting on the couch chillin, while the POOR, unfotunate weed smoker was incarcerated for possession. I know a man that was pulled over for a busted tail light and was found to have 28 grams of cannabis with him and was arressted and put in jail. I guess in some people's view would say he was , "What?" Incarcerated for a broken tail light?

Posted by John from Oceanside on 03 Mar 09 11:51 AM EST

Dear Don why don't you call your local AG office. As for going to jail your FRIEND was not pulled over by the DEA for the broken tail light. Your friend was arrested by a local cop.

Posted by Robert Curley, News Editor, Join Together on 03 Mar 09 01:15 PM EST

After reviewing the SF Chronicle story that this summary was based upon, along with numerous other articles, we have concluded: 1. This story was widely reported as a policy shift. 2. The reporting probably conveyed more certainty than Holder's remarks warranted. Thus, we have amended the headline and lede on our summary. Holder's comments were significant, especially following the earlier remarks of the White House press spokesperson, and certainly warranted reporting. Not all policy changes are announced via press release. But we agree that the AG's comments were likely not intended as a definitive policy statement.

Posted by Dawn on 03 Mar 09 02:30 PM EST

Join Together, Shame on you for furthering a TOTALLY false story. I called into your New York Office only to learn it takes days for the Author to research and correct false reporting. PLEASE DO SO TODAY & post a retraction. I have called the AGs office DC(JT you should have as well) following the incorrect local media from an Oakland ASA press event. In short; AG Holder has not issued a ruling or a policy or decision on the role of Federal LE in addressing the illicit drug trade. Law Enforcement thank you for continued efforts to investigate drug trafficking.

Posted by jrzshor on 03 Mar 09 03:03 PM EST

that is a great idea. can we now medical crystal-meth? I hear it is a wonder drug for adhd and/or for improving cognitive functioning.

Posted by Woods on 03 Mar 09 04:20 PM EST

Either inforce the law as written or get congress to change it.

Posted by Jon Gettel on 03 Mar 09 07:09 PM EST

jrzshor- We already have "Medical Crystal-Meth" its called Adderall. Marijuana is certainly less dangerous and less addictive though.

Posted by Jon Gettel on 03 Mar 09 07:13 PM EST

Stop the war on Marijuana. It is a safe and effective medicine for a number of conditions and it is a safe intoxicant. Let's focus on the hard drugs and get people off the hard drugs.

Posted by Jon Gettel on 03 Mar 09 07:21 PM EST

This article is NOT false (to the dismay of prohibitionists!) Please check out the following video and forward to 24:45. http://www.c-span.org/Watch/watch.aspx?MediaId=HP-A-15821

Posted by Sensible Citizen on 03 Mar 09 07:23 PM EST

Thank you law enforcement for recognizing freedom and working to end the war on marijuana. www.leap.cc

Posted by BfromB1P on 03 Mar 09 09:24 PM EST

Why is this issue so touchey, and everyone takesit so personal. If it works for you it works for you... If it doesnt, then it does not. Live and let live people. Medicinal or recreational, if it doesnt hurt anyone directly, or indirectly, WHO CARES!?

Posted by Bernie Ellis on 04 Mar 09 07:16 AM EST

OK, I'll type slowly. Candidate Obama said he saw no difference between an MD prescribing morphine or marijuana. He also said that it is "entirely appropriate" for states to legalize mmj "with the same controls as other drugs prescribed by doctors." Earlier this month, White House spokesman Nick Shapiro said: "The president believes that federal resources should not be used to circumvent state laws". Last week, AG Eric Holder did say: "What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing in law enforcement," Holder said. "What (Obama) said during the campaign is now American policy." JTO should not apologize for getting this story right the first time. Re: our lurking drug worriers here who still don't get it, HL Mencken once said: "Never argue with a man whose job depends on not being convinced." The nameless posters will get no (more) argument from me. Unless, that is, they keep obstructing the truth. But that is their job, isn't it?

Posted by Bernie Ellis on 04 Mar 09 07:44 AM EST

In response to the "prescription crystal-meth" comments above: In addition to Adderall, MDs can also prescribe methylphenidate (Ritalin), dextroamphetamine (Dexedrine) and magnesium pemoline (Cylert), all amphetamine analogs. They can also prescribe cocaine hydrochloride (which most of us know by its first name only.) There is one thing that drug policy reformers and field-smart drug worriers here should be able to agree on -- cocaine and amphetamines are much more unhealthy and hazardous for users and those around them than marijuana. Just what sort of people would disagree? Well, that would be the framers of the Controlled Substances Act and those (the DEA and their fellow-travelers) who still fight to retain the CSA's current drug scheduling categories. Marijuana should be immediately re-classified in the CSA as Schedule III, which would greatly uncomplicate research and medical usage. It would also eliminate the major cause of unlawful property piracy in the US -- DEA confiscations of same.

Posted by SKelly on 04 Mar 09 08:53 AM EST

OH MY GOD. HAVE MERCY ON US ALL. thats all i can say as a LCADC in the field 20 years...Lord, have mercy.

Posted by John from Oceanside on 04 Mar 09 10:26 AM EST

What Obama said was not using federal resourses to arrest medical marijuana patients not ILLEGLE MARIJUANA DISPENSARIES. It was a story made up by MPP and NORMAL.

Posted by Bernie Ellis on 04 Mar 09 02:12 PM EST

To repeat for John (whomever) from Oceanside: During the campaign, Obama said that it is "entirely appropriate" for states to legalize medical marijuana "with the same controls as other drugs prescribed by doctors." John, it is not ILLEGLE (sic) to use Google, so you can find that citation as easily as I did. Try it -- you'll like it. However, I am also aware that Upton Sinclair said: "It's difficult to get a man to understand something if his salary depends on him not understanding it." So the problem, at least as far as some who post IN CAPITAL LETTERS here, may not be what Obama said repeatedly during the campaign, but the consequences that this new American policy may have for their bottom line.

Posted by John from Oceanside on 04 Mar 09 05:48 PM EST

Bernie one more time illegally run dispensaries not medical marijuana patients. Most dispensaries in California are run illegally. The guidlines that were set up by Jerry Brown the AG of California a dispensary is very limited on how many patients they can be caregivers for. They will not make the huge amounts of money they are making now. Bernie I have not called into question your integrity in any of my posts so I wonder if I have hit a nerve with you. Because you seem to be addressing points that I have not made. I have only addressed dispensaries and a made up story that the press picked up.

Posted by Bernie Ellis on 04 Mar 09 06:46 PM EST

John, you haven't hit a nerve. But you are manufacturing your own interpretation of recent events. As I posted earlier: White House spokesman Nick Shapiro said: "The president believes that federal resources should not be used to circumvent state laws". States with medical marijuana programs establish mechanisms for patients to obtain cannabis by growing themselves, assigning someone to grow for them or obtaining cannabis from licensed cooperatives/compassion centers that are recognized and monitored by state agencies. You seem to only have some knowledge of CA's program but appear unaware of the mmj programs that exist in 13 other states (soon to be 17 ... or more). (I have consulted with seven of those state programs so far.) I am quoting Obama, Shapiro and Holder directly and accurately. You are interpreting what they have said inaccurately. If a dispensary is run contrary to state law, it is liable for prosecution. If it is not, the new American policy is for the DEA to stay out of states' business. That is what Obama et al have said, and I agree with them. You do not appear to. As for me, I choose to believe my (non)lying eyes.

Posted by Brinna Nanda on 07 Mar 09 10:08 PM EST

For all of you still in denial, yes, change has come to Washington. The lame-brained, ineffective, mean-spirited, cruel, bullying drug policy that our poor nation has suffered under for 70 odd years is finally coming to and end. This was the exchange, and it was explicit: Q. “. . . a second thing on Drug Policy: right after the inauguration there were some raids on California medical marijuana dispensaries. Was that a deliberate decision by you, by the Justice Department? Is that a prediction of policy going forward? Do you expect those raids to continue . . . [Holder responds with a NO, but was cut off by the journalist who continued with his question]. . . despite what the president said during the campaign?” A. (Holder) “What the president said during the campaign, you will be surprised to know, will be consistent with what we will be doing here in law enforcement (general laughter). He was my boss during the campaign. He is formally and technically, and by law, my boss now, and so, what he said during the campaign is now American policy.” So, there you have it. There will be no more raids on medical cannabis DISPENSARIES, which are legal and licensed under California law.

AMA Says Marijuana Has Medical Uses, Calls for More Research

Medical Marijuana Raids on State-Sanctioned Programs to End

Obama Orders End to Prosecution of Medical-Marijuana Patients

Decriminalize Marijuana to Protect Medical Users, Lawmaker Says

National Directory of Drug and Alcohol Abuse Treatment Programs 2006

State Medical Marijuana Laws: Understanding the Laws and their Limitations