Justice Department Says No More Raids
Tuesday, October 20th, 2009Although there has been raids under his watch, we can only hope he actually means what he says.
Advocates of medical marijuana praised a Justice Department decision yesterday not to target cannabis-smoking patients or their sanctioned suppliers in the 14 states that allow marijuana use
But haven’t we heard this before?
Federal prosecutors were told about the new policy in a legal memo issued by the department yesterday. Cannabis-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in the 14 states that allow medicinal marijuana, prosecutors were told.
The guidelines make it clear, however, that federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medicinal marijuana as a cover for other crimes.
The memo advises prosecutors they “should not focus federal resources in your states on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.’’
Exactly, let them focus on other problems in this country instead of kicking in the doors and taking medicine from sick people who are following state law.
The policy is a shift from the Bush administration, which insisted it would continue to enforce federal anti-marijuana laws regardless of state codes.
“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,’’ Attorney General Eric Holder said.
While this way sound like good news, Holder already said this same stuff back in January and there have been raids conducted since then and we will have to follow up on this to see if the raids actually cease or not. Something tells me they will not, considering the word on the ground in California seems to be there are activist Sheriffs and Politicians continuously trying to stop medical marijuana although it is within state law to grow and consume medical marijuana.
By the government’s count, 14 states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Some medicinal marijuana advocates say Maryland shouldn’t be included in that group, because the law there allows only reduced penalties for medicinal marijuana usage.
California stands out among those for the widespread presence of dispensaries - businesses that sell marijuana and even advertise their services.
Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project.
Los Angeles County District Attorney Steve Cooley said last week that he wants to close dispensaries that sell marijuana for profit. Cooley’s plan is the latest salvo in a prolonged conflict in California over whether medicinal marijuana is truly having its intended effect or is being abused by the larger population.
Until recently, raids on clinics typically led to federal prosecutions, but Cooley’s remarks and similar ones from Attorney General Jerry Brown signal a new approach to clear the confusion left by Proposition 215, the 1996 state ballot measure that allowed sick people with referrals from doctors and an identification card to smoke marijuana.
Advocates say marijuana is effective in treating chronic pain and nausea, among other ailments.
Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.
Bottom line is the fight continues and we shall not relent. Stand up for your rights and take your medicine daily!
