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ASA Activist Newsletter - JULY 2011
Volume 6, Issue 7
ASA Lawsuit Forces Action on
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Obama Targets Medical Cannabis ProgramsMemo Says No Safety in State Law; State Officials ThreatenedThe Department of Justice last month repudiated President Obama’s campaign promise to not use federal resources to interfere with state medical cannabis programs. A DOJ memo to US Attorneys, the nation’s federal prosecutors, spelled out that they are to prosecute those involved with medical cannabis distribution “even where those activities purport to comply with state law.” That contradicts the public statements of President Obama and Attorney General Eric Holder, as well as White House spokesmen, who have all said that individuals who comply with state law should not be the targets of federal enforcement actions.![]() At the same time, the US Attorneys in several states considering regulations for distributing medical cannabis sent letters to the states’ governors and made public statements, threatening to prosecute state employees who implement or oversee the programs. The Cole memo specifies that anyone who “facilitates” the distribution of medical cannabis is subject to federal prosecution, regardless of state law. “The biggest concern has been whether or not government employees are facilitating distribution by processing the licenses,” said Arizona Attorney General Tom Horne in an interview. While a previous DOJ memo had steered federal prosecutors away from “individuals whose actions are in clear and unambiguous compliance” with state law, Horne noted “That has been removed. I would say that makes things worse.” Threats from US Attorneys to state officials have come recently in Washington, Montana, Colorado, California, Vermont, Rhode Island and Maine. Some have defied the federal prosecutors; most have buckled under the pressure. Washington State’s Governor Christine Gregoire vetoed a provision of a state measure in response to the threat from the US Attorney there to go after state employees. A city plan in Oakland, California to license the cultivation and distribution of medical cannabis was abandoned after city officials were similar threatened by the US Attorney in Northern California. City officials in Chico who were threatened over regulations for exactly two dispensaries passed them nonetheless. In the wake of a day of raids on over a dozen locations in Montana, the US Attorney there said the prosecution of those who distribute medical cannabis is a “core priority” of the DOJ. And as Colorado lawmakers worked on regulations for distributing medical cannabis, the US Attorney warned them the new rules could lead to federal prosecutions. As a result of a similar threat letter, Rhode Island’s governor has refused to issue licenses to dispensaries approved by the state health department. Vermont and Delaware have defied the threats and created new legislation to regulate distribution of cannabis to patients in those states. Attorney General Holder sidestepped questions on the new intimidation tactics when confronted in New Hampshire by news media last month, saying only that he hopes for “clarification sooner rather than later.” The latest memo appears to be that clarification. “The Obama Administration is escalating the conflict between state medical cannabis programs and federal prohibition, not resolving it,” said Steph Sherer, ASA Executive Director. “Threatening state officials for implementing compassionate programs that 80% of the public supports is not what the President promised when he ran for office.” Seventeen states plus the District of Columbia have removed criminal penalties for those who use medical cannabis with physician approval. Ten states have laws regulating distribution of cannabis to patients. The latest DOJ memo reiterates the federal government’s position that cannabis is a dangerous drug with no medical use. More information: DOJ memorandum from June 29, 2011 DOJ memorandum from October, 2009 |
Congress Asks AG to Let States
Congressional representatives Barney Frank (D-MA) and Jared Polis (D-CO) last month urged U.S. Attorney General Eric Holder to let states move forward on regulating medical cannabis without federal interference. In a letter to Holder, the House members asked him to make good on an October 2009 Department of Justice memo that suggested federal prosecutors not target individuals who comply with their state’s medical cannabis laws. |
Ten Face Federal Charges for
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Calif. Bill Would Limit Dispensary Locations![]() 'There's a reason pharmacies are located in every neighborhood,' said ASA California Director Don Duncan. 'Making seriously ill patients with limited mobility travel to industrial areas for medicine is a cruel barrier.' Because collectives are defined in California’s Medical Marijuana Program Act as two or more patients working together to provide their own medicine, the new bill could be used to prohibit all but individual cultivation. 'That is not what voters intended,' said Duncan. 'Prop 215 told lawmakers 'to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.'' Research conducted by ASA on the experience of communities and local officials over more than 15 years indicates local regulations reduce crime and complaints. That research report can be seen at AmericansForSafeAccess.orghttp://american-safe-access.s3.amazonaws.com/documents/dispensaries.pdf. |
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