Pages tagged "Department of Justice"
Jerry Duval (left) with his son Jeremy
Last month, on June 11th, Michigan medical marijuana patient Jerry Duval surrendered to federal authorities to serve a whopping 10-year prison sentence, even though he was never in violation of the state's medical marijuana law. Jerry is a kidney-pancreas transplant recipient who also suffers from heart disease and glaucoma. Nevertheless, the Obama Administration saw fit to arrest, prosecute, and imprison Jerry at a cost of more than $1 million.
This is not just a tragedy for the Duval family, though they were hit hard (as a result of the same case, Jerry's son Jeremy is serving 5 years and the Duvals lost their family farm to forfeiture), it's also an outrage that we have to foot the bill.
However, two other milestones recently occurred that give Jerry and the rest of us hope for his release sooner than planned. Before Jerry even began serving his sentence, attorney Andrew Greenlee of Brownstone filed an appeal with the U.S. Court of Appeals for the Sixth Circuit on behalf of Jerry and his son Jeremy. We'll be watching that one closely.
National Lawyers Guild Report Condemns Federal Marijuana Policy, Calls for Reclassification of Marijuana for Medical Use
The National Lawyers Guild (NLG) -- the country's oldest and largest public interest and human rights bar organization -- issued a report yesterday addressing the federal government's flawed policy on marijuana. According to its author NLG Senior Researcher Traci Yoder, High Crimes: Strategies to Further Marijuana Legalization Initiatives "analyzes the legalization process under way in the states, suggests strategies to further marijuana legalization initiatives, and highlights current obstacles to ending prohibition."
While significant attention is given to the adult use of marijuana, generally, the report recommends reframing drug use as "a social and public health issue and not a criminal justice problem," something we've been saying for years at Americans for Safe Access. High Crimes also recommends reclassifying marijuana for medical use. Citing the "[m]ounting scientific and anecdotal evidence" of marijuana's therapeutic benefits, the Guild rightly points out that "Rescheduling cannabis would allow for expanded medical research and use under international law."
The NLG report comes days after a report issued by Americans for Safe Access (ASA), detailing the social and economic costs of the federal government's war on medical marijuana. The ASA report entitled What's the Cost? is geared toward educating federal legislators on the consequences of that war, not only in terms of how it affects the prisoners, their families, and thousands of patients, but also how it impacts the average taxpayer and our federal budget.
Mayors from across the United States gathered in Las Vegas this past weekend for the 81st annual U.S. Conference of Mayors. In a watershed moment, mayors voted unanimously yesterday to adopt a resolution "in support of states setting their own marijuana policies without federal interference." The resolution was introduced in advance of the conference by San Diego Mayor Bob Filner and co-sponsored by 17 other mayors from across the country. Yesterday's passage of the resolution came just days after medical marijuana advocates issued an alarming report detailing how the Obama Justice Department has spent nearly $300 million to undermine medical marijuana laws in the U.S.
"Ultimately, this is about whether local and state governments can develop, adopt, and implement public health laws without heavy-handed interference by the federal government," said Steph Sherer, Executive Director of Americans for Safe Access, which authored "What's the Cost?" an extensive report issued earlier this month on the economic and social costs of the federal government's war on medical marijuana. "This resolution is emblematic of the frustration experienced by local and state officials, which will continue until the federal government ends its attacks on medical marijuana." More than 100 million people, or 34 percent of Americans, currently live in states with medical marijuana laws.
Last week, Kal Penn, who plays Kumar in the “stoner” film franchise Harold & Kumar, spoke to Huffington Post Live about President Obama’s marijuana policies. During the April 26th interview, Penn defended recent Justice Department attacks on dispensaries in medical marijuana states like California, citing articles he read from a Google search.
Unfortunately, we cannot always rely on a pliant mainstream media -- that too often quotes Justice Department officials without any counterpoint -- to provide consistently factual information.
Take, for example, the rationale that forms the basis for the Obama Administration’s most sweeping closures of dispensaries in California, Colorado and Washington State: they’re within 1,000 feet of a school. Using threats of asset forfeiture and criminal prosecution, the Justice Department has succeeded in shuttering hundreds of dispensaries in the past couple of years.
However, if Penn had done his homework, he would have found out that in California, where well over 500 dispensaries have closed for fear of retaliation by federal drug enforcement officials, dispensaries are only required to be at least 600 feet from schools:
No medical marijuana cooperative, collective, dispensary, operator establishment, or provider who possesses, cultivates, or distributes medical marijuana pursuant to this article shall be located within a 600-foot radius of a school.
Also glossed over by Penn was the Obama Administration’s callous attitude about the impact of these dispensary closures. Each of the shuttered dispensaries provided medical marijuana to hundreds, often thousands of qualified patients who are now left with little option to find a medicine that’s legal under state law.
And, believe it or not, the dispensary operators and their landlords who are warned with letters of imminent legal action are the lucky ones. The dispensaries that are targeted with aggressive SWAT-style raids stand to lose much more. At minimum, those dispensary operators can expect seized bank accounts, computers, patient records, and other property.
However, if there are arrests, federal defendants can expect 5-10 years in prison. Over the past few months, several state-compliant dispensary operators and cultivators have been sentenced to lengthy prison terms, including California dispensary operator Aaron Sandusky (10 years), Michigan Cultivators Jeremy and Jerry Duval (5 years and 10 years, respectively), and John Marcinkewciz (5 years), as well as Montana cultivator Chris Williams (5 years). Another Montana cultivator, Richard Flor, died in federal custody last August while serving a 5-year sentence.
Indeed, Penn’s failure to understand the impact of the Obama Administration’s policies on medical marijuana is symptomatic of the lies being told to the American public and the impunity with which it’s being done. President Obama and Attorney General Eric Holder have both claimed that they are not targeting those in compliance with state law, but refuse to confront the evidence that belies such pronouncements.
It’s about time that the federal government admits that the devastating and costly effects of its enforcement policies in medical marijuana states are unnecessary and unproductive. All patients are asking for is a compassionate and even-handed policy that treats medical marijuana like a public health issue.
Sadly, but not unexpectedly, last week the Court of Appeals for the District of Columbia Circuit denied a petition for rehearing filed be Americans for Safe Access in ASA v. DEA. After more than a decade of legal wrangling with the federal government over the medical efficacy of marijuana and its relative lack of abuse potential, the D.C. Circuit gave great deference to the Drug Enforcement Administration (DEA) position that marijuana has no proven medical value. In doing this, the D.C. Circuit not only ignored voluminous evidence of marijuana’s medical efficacy, but it held the petitioners to a standard above and beyond that advanced by the government itself. Out of thin air, the Court interpreted the phrase “adequate and well-controlled studies” to require FDA-approved Phase II or Phase III studies, rather than the common meaning of the term. A similar such standard as that interjected into the proceedings by the Court at the last possible moment had already been rejected by the same Court and others in the cases of Grinspoon v. DEA, 828 F.2d 881 (1st Cir. 1987) and Doe v. DEA, 484 F.3d 561 (D.C. Cir. 2007). This, coupled with the failure of the Court even to consider marijuana’s lack of abuse potential, was the basis for ASA’s recent petition for rehearing.
Unfortunately, for medical marijuana patients and others, the extremely small number of active judges on the D.C. Circuit makes rehearing en banc (by the entire circuit) next to impossible. Because there are only eight active judges on the D.C. Circuit, en banc review is extremely rare, with only one petition granted by this Court last year. Thus, the next legal step is to challenge the DEA’s action in the Supreme Court of the United States through a petition for writ of certiorari , which must be filed within ninety days. This opens the possibility for arguments that exceed those allowed under the recently denied petition for rehearing. It also provides an opportunity to raise awareness of this wrong-headed approach to medical marijuana at the highest judicial level.
Stay tuned for more details on the upcoming appeal to the U.S. Supreme Court in ASA v. DEA.
According to Matt Taibbi, in his latest Rolling Stone exposé on the banking and financial industry “Too Big to Jail,” HSBC “helped to wash hundreds of millions of dollars for drug mobs, including Mexico’s Sinaloa drug cartel,” and also “moved money for organizations linked to Al Qaeda and Hezbollah, and for Russian gangsters; helped countries like Iran, the Sudan and North Korea evade sanctions.”
Yet, as outrageous as these transgressions are, the Justice Department refuses to criminally prosecute the bankers committing federal crimes right under the nose of the U.S. government.
At a press conference where the Justice Department announced a settlement between the government and HSBC, in which the bank was forced to pay $1.9 billion, but without any individual being fined or prosecuted, Assistant Attorney General Lanny Breuer had this to say:
Had the U.S. authorities decided to press criminal charges, HSBC would almost certainly have lost its banking license in the U.S., the future of the institution would have been under threat and the entire banking system would have been destabilized.
So, the lesson we’re supposed to take from that is this:
if you’re a banker you can commit federal felonies and all you have to endure is a slap on the wrist. However, if you’re in any other line of business and you commit federal felonies, all bets are off.
If you’re a medical marijuana provider, for example, the Justice Department will not just look the other way as it did for years with HSBC. Instead, you can expect the government to come after you with the full force of the law.
Over the past four years, the Obama Administration has spent millions of taxpayer dollars criminally prosecuting scores of people, arguably in compliance with their state’s medical marijuana laws. Montana medical marijuana cultivator Chris Williams was most recently sentenced to 5 years in federal prison. California-based dispensary operator Aaron Sandusky was sentenced a few weeks earlier to 10 years. Michigan cultivators and medical marijuana patients Jeremy and Jerry Duval were sentenced late last year to 5 and 10 years in prison, respectively. All four of these defendants were convicted at trial after being denied a medical marijuana defense.
In medical marijuana-related cases, the government goes out of its way to stack the legal deck against defendants. It’s bad enough that the Justice Department expends significant resources to prosecute those trying to comply with state law, but to also deny them a defense is shameful.
Two bills currently in Congress would attempt to change that dynamic. HR689, the “States’ Medical Marijuana Patient Protection Act” would reclassify the drug for more widespread use and research, while HR710, the “Truth in Trials Act” would grant an affirmative defense in federal court cases. Passage of these bills would go a long way in bringing fairness to our country’s public health policy.
However, much more needs to be done before our skewed approach to medical marijuana is corrected. For example, some of the same banks that were at least partly responsible for our recent economic crash -- like Wells Fargo and Bank of America -- are in collusion with the federal government to deny financial services to legally compliant medical marijuana businesses.
Just in case you missed it: the Justice Department looks the other way when large banks launder foreign drug cartel money in our own country, but works with large banks to deny services to legally compliant medical marijuana businesses. And that’s if they’re lucky. If the Justice Department decides to target such businesses, as it has with hundreds of them, the owners could spend years in prison.
Justice in America has often been selective, though rarely has it been starker than this.
Little is known about the subpoena, other than it was issued in October to the Mendocino County Auditor-Controller's Office for records of funds paid to the county under its medical marijuana ordinance, County Code 9.31. Undoubtedly, the lack of information has to do with unwillingness by the Justice Department to come clean about its interference in the implementation of local and state medical marijuana laws. The offices of the Drug Enforcement Administration (DEA) and the U.S. Attorney could “neither confirm nor deny” that a subpoena was issued, and local officials are also not talking.
In 2010, the DEA raided the legal crop of Joy Greenfield, who was the first cultivator to register with the Sheriff’s Office, in the widely popular program that raised about $500,000 of new revenue for the county. Under the local law, which was abandoned in March after threats from the Justice Department, the Sheriff’s Office sold zip ties for $25 per plant to show that they were being grown in compliance with state law.
No arrests were made in the Greenfield raid, but all of her and her patients’ medicine was destroyed. The DEA reared its ugly head again in October 2011, with the raid of Matt Cohen’s farm, Northstone Organics. Like Greenfield, Cohen was in full compliance with the law. Sheriff Tom Allman commented at the time that, “As far as I know, Matt Cohen and Northstone Organics were following all of the state laws and local ordinances that are in place.” Matt, too, avoided arrest, but his entire crop was destroyed and he was intimidated from continuing to grow.
Escalating its effort to undermine Mendocino’s cultivation ordinance, in January the U.S. Attorney’s Office threatened to file an injunction against the program and seek legal action against county officials who supported it. However, the forced termination of the program was apparently not enough for the feds. Nearly a year later, the Justice Department now appears to be seeking private and outdated information that should be under the sole purview of local officials.
This, of course, raises a number of important questions beyond the sweeping impact of divulging private patient records to federal law enforcement.
- What are the motivations of federal officials in seeking this information?
- Who is being targeted and why?
- If the program is no longer in effect, why are these records important to the federal government?
- Shouldn’t privacy laws and the state’s Medical Marijuana Program prevent such invasive tactics by the federal government?
Regardless of how you answer these questions, the actions of the Justice Department are anything but “just” and, likely, violate the rights of California patients. Because of this, ASA intends to get to the bottom of the subpoena and take whatever actions are necessary to keep patients and their providers out of harm’s way. Our hope is that when all of this subsides, the Mendocino cultivation program will be operational once again.
DEA’s Leonhart says “We will look at any options for reducing drug addiction,” but what about medical marijuana?
Administrator Michele Leonhart has created quite a controversy with her comments on medical marijuana made last Wednesday during a Drug Enforcement Administration (DEA) House oversight hearing. From her bumbling response to Rep. Jared Polis (D-CO) on the issue of addiction and comparing medical marijuana to the harmful effects of other Schedule I substances like heroin or methamphetamine, to her commonsense response to Rep. Steve Cohen (D-TN) on leaving the question of medical marijuana treatment, “between [a patient] and his doctor,” Leonhart illustrated her illogical approach to medical marijuana as a public health issue.
Notably, toward the end of Rep. Polis’s examination, he asked Leonhart if she was “willing to look at the use of medical marijuana as a way of reducing abuse of prescription drugs,” given that reducing prescription drug abuse is the DEA’s top priority. Leonhart candidly responded:
We will look at any options for reducing drug addiction.
Well, Administrator Leonhart, you’re in luck. There is indeed evidence that shows patients using medical marijuana to reduce or eliminate their addictive and often-harmful pharmaceutical drug regimen.
Just this month, eminent medical marijuana researcher Philippe Lucas, M.A. published an article in the Journal of Psychoactive Drugs called, “Cannabis as an Adjunct to or Substitute for Opiates in the Treatment of Chronic Pain.” According to Lucas, “Evidence is growing that cannabis [medical marijuana] can be an effective treatment for chronic pain, presenting a safe and viable alternative or adjunct to pharmaceutical opiates.”
As if directly addressing Leonhart’s statement to Rep. Polis, and her concern over prioritizing prescription drug addiction, Lucas notes that:
Addiction to pharmaceutical opiates has been noted by the medical community as one of the common side-effects of extended use by patients (such as those suffering from chronic pain), and a growing body of research suggests that some of the biological actions of cannabis and cannabinoids may be useful in reducing this dependence.
Lucas further argues that, “[R]esearch on substitution effect suggests that cannabis may be effective in reducing the use and dependence of other substances of abuse such as illicit opiates, stimulants and alcohol.”
As such, there is reason to believe that a strategy aiming to maximize the therapeutic potential benefits of both cannabis and pharmaceutical cannabinoids by expanding their availability and use could potentially lead to a reduction in the prescription use of opiates, as well as other potentially dangerous pharmaceutical analgesics, licit and illicit substances, and thus a reduction in associated harms.
Another article on the effects of medical marijuana “substitution” was published in December 2009 by the Harm Reduction Journal. Researcher Amanda Reiman MSW, PhD notes that medical marijuana patients have long been engaging in substitution by using it as an alternative to alcohol, prescription and illicit drugs. In a study Reiman conducted with 350 medical marijuana patients, she found that 40 percent reported using medical marijuana as a substitute for alcohol, twenty-six percent reported using it as a substitute for illicit drugs, and nearly 66 percent use it as a substitute for prescription drugs.
[S]ixty five percent reported using cannabis as a substitute because it has less adverse side effects than alcohol, illicit or prescription drugs, 34% use it as a substitute because it has less withdrawal potential…57.4% use it as a substitute because cannabis provides better symptom management.
If Leonhart is serious about combating prescription drug abuse, she should heed the conclusions of researchers like Lucas and Reiman and pay attention to the evidence. Answers to two important public health concerns -- medical marijuana and prescription drug abuse -- lie at her feet waiting to be addressed.
Finally, President Obama has spoken about his aggressive stance toward medical marijuana. Unfortunately, but not unexpectedly, his statements are underwhelming, inaccurate and do nothing to address medical marijuana as a public health issue. In response to a question from Rolling Stone on why his administration is conducting more medical marijuana raids than the Bush administration, President Obama failed to come clean on reasons for the breadth and intensity of the attacks, which significantly escalated since he took office.
What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana…
Actually, what Obama said on the campaign trail in 2008 was that he was “not going to be using Justice Department resources to try to circumvent state [medical marijuana] laws.”
The shell game continued with Obama declaring that, as President, he “can’t ask the Justice Department to…‘ignore…a federal law that’s on the books.’”
In fact, Obama has complete discretion to let local and state authorities enforce their own medical marijuana laws. When affirming that discretionary authority in 2005, the U.S. Supreme Court also questioned the wisdom of going after medical marijuana patients.
Obama then declared that his Justice Department should use “prosecutorial discretion and properly prioritize [its] resources to go after things that are really doing folks damage.”
That, however, seems to beg several questions, not the least of which is “how does one determine what “things” are “really doing folks damage?” Why is that not the purview of local and state officials to enforce? And, is the federal government doing more damage than it’s supposedly preventing? Keep in mind that the damage his administration has inflicted also impacts the fiscal bottom line of local and state governments. In California, dispensary closures precipitated by the federal crackdown have robbed the state of millions of dollars in lost taxes.
The president seems to seek cover with his comment that, “there haven’t been prosecutions” of medical marijuana users. But, even if it was true, and it’s not (all of the more than 60 people indicted on his watch use medical marijuana), this reasoning would still not justify the SWAT-style raids and the fear and intimidation they create. Nor would it justify the purging of lawful medical marijuana businesses from commercial banking institutions, or the IRS requirement that dispensaries pay taxes on gross proceeds, thereby ensuring bankruptcy, or discrimination against patients in public housing and the Veterans Administration.
At the end of the day, whether or not Obama’s Justice Department decides to prosecute whom it considers “wrongdoers,” qualified patients are still being denied a safe and legal means of obtaining their medication.
Even Obama’s “Drug War” excuses don’t match those of his U.S. Attorneys who are directly engaged in the attacks. The president erroneously stated that, “The only tension that’s come up” has been “commercial operations” that may be “supplying recreational users.” However, U.S. Attorneys have made little reference to targeting medical marijuana businesses because they’re allegedly selling to non-patients. The prevailing excuse has been simply that dispensaries are federally illegal or that they are too close to schools and other so-called “sensitive uses” (according to federal standards, not to local or state standards).
Obama’s weakest rationale for continuing the assault on medical marijuana patients is that he “can’t nullify congressional law.” However, the president can realistically do a number of things to address medical marijuana as a public health issue. First of all, Obama could introduce a bill that would carve out an exception for medical marijuana patients and providers. In fact, he doesn’t even have to introduce his own legislation, he could simply throw his weight behind HB 1983, a bill that would do just that. The president could also issue an executive order, not to change federal marijuana statutes but to exclude medical marijuana so as to let the states enforce their own laws.
Additionally, the president, through his executive powers, could also reclassify marijuana from its current status as a Schedule I substance -- a dangerous drug with no medical value. Yet, he and his Drug Enforcement Administration choose not to. In addition to four governors who have filed rescheduling petitions within the last year, Americans for Safe Access has a pending federal lawsuit that seeks reclassification.
At some point, President Obama is going to run out of excuses. Until then, please join ASA in urging him to do the right thing.
As we find ourselves, yet again, under attack by the federal government, a new medical marijuana documentary tells the story of a dispensary operator arrested in 2007 by the Drug Enforcement Administration (DEA). Five years later, the story of Charles C. Lynch has not died out and, in fact, is more relevant than ever.
Award-winning documentary filmmaker Rick Ray teamed up with Brainstorm Media to release "Lynching Charlie Lynch" this past Friday. A press release issued at the time described the film this way:
Controversial and provocative, Lynching Charlie Lynch explores the conflict between the state-permitted medical marijuana business and Federal drug law in America, and the human cost of the arbitrary and inconsistent application of the law. Through in-depth interviews with experts and advocates across the country and on all sides of the issue, Lynching Charlie Lynch finds many answers, and raises even more questions.
Lynch was one of more than 200 Californians raided by the DEA during President Bush's 8 years in office. Yet, the Obama Justice Department has conducted more than 200 raids in at least 9 medical marijuana states in just 3 1/2 years, far surpassing his predecessor. Despite President Obama's pledge to do otherwise, he's waged an all-out assault on medical marijuana patients, the breadth and intensity of which is unprecedented in this country's history.
President Obama must be made to answer for the stark and harmful contradiction between his medical marijuana policy and his law enforcement practices. Please help keep President Obama accountable and help us pursue a sensible public health policy for medical marijuana.