Home » News » Editor Favorites. Thursday, February 5, 2009 ... “The president believes that federal resources should not be used to circumvent ..
March 18, 2009. Attorney general signals shift in marijuana policy ... “The policy is to go after
those people who violate both federal and state law,” Holder said in a question-and-answer ...
Mar 19, 2009 ... In the Bush administration, federal agents raided medical marijuana ...
AP - Marijuana plants are shown Tuesday, Sept. 15, 2009, in Seattle. The marijuana is distributed to members ...By DEVLIN BARRETT, Associated Press Writer - 42 mins ago 2009-10-18 WASHINGTON
- The Obama administration will not seek to arrest bmedical marijuana users and suppliers as long as they conform to
state laws, under new policy guidelines to be sent to federal prosecutors Monday. Two Justice Department officials described
the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people
who use or provide medical marijuana in strict compliance with state laws. The new policy is a significant departure from the Bush
administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes. Fourteen 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. California is unique among those for the presence of dispensaries
- businesses that sell marijuana and even advertise their services. Attorney General Eric 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. A 3-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also
to top officials at theFBI and the Drug Enforcement Administration. The memo, the officials said, emphasizes that prosecutors
have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those
who are without a doubt in compliance with state law. The officials spoke on condition of anonymity because they were not authorized to discuss the legal
guidance before it is issued. At the same time, the officials said, the government will still prosecute those who use medical marijuana as a cover
for other illegal activity. The memo particularly warns that some suspects may hide old-fashioned drug dealing or other crimes
behind a medical marijuana business. In particular, the memo urges prosecutors to pursue marijuana cases which involve violence, the illegal
use of firearms, selling pot to minors, money laundering or other crimes. And while the policy memo describes a change
in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the federal government
could still prosecute someone whose activities are allowed under state law. The memo, officials said, is designed to give a sense of prosecutorial
priorities to U.S. Attorneys in the states that allow medical marijuana. It notes that pot sales in the United States are
the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have
limited resources. Medical marijuana advocates have been anxious to see exactly how the administration would implement candidate Barack
Obama's repeated promises to change the policy in situations in which state laws allow the use of medical marijuana. Shortly after Obama took office, DEA
agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans. ___ On the Net: Drug Enforcement Administration: http://www.usdoj.gov/dea/ SanDiegoMarijuana.com |
 |
Emmalyn's is one of the most
compassionate cannabis clubs, exemplified by Free Herb For Poor Patients Wednesday program. Guess which day of the week
Obama's DEA stole their medicine? Wednesday March 25, 2009 In spite of certain assurances by
the Obama Administration, beginning at around 3:30 PM this afternoon the DEA has proceeded to raid Emmalyn's California Cannabis
Clinic in San Francisco California. The DEA is claiming Emmalyn's has violated both state and federal law, but remain hushed
about the specific allegations. we have pictures and video. Emmalyn's California Cannabis
Clinic is located at:
1597 Howard Street
San Francisco, California 94103 Get Directions
Bonnie Demonic speaks: District Attorney: There are no
legal medical marijuana ...
|
|
|
|
|
|
|
|
|
October 19,2009 MEMORANDUM
FOR SELECTED UNITED STATES ATTORNEYS FROM: David W.
Ogden, Deputy Attorney General SUBJECT: Investigations
and Prosecutions in States Authorizing the Medical Use of Marijuana This memorandum provides
clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana.
These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States
and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant
of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these
States on core federal enforcement priorities. The Department of Justice is committed to the enforcement
of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal
distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal
enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana
traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels. The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial
resources. In general, United States Attorneys are vested with "plenary authority with regard to federal criminal matters"
within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are "invested by statute
and delegation from the Attorney General with the broadest discretion in the exercise of such authority." Id. This
authority should, of course, be exercised consistent with Department priorities and guidance. The prosecution
of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking
networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's
investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these
priorities 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. For example, prosecution of individuals with
cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable
state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with
marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises
that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure,
claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those
laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core
enforcement priorities. Typically, when any of the following characteristics is present, the conduct will
not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of
potential federal interest: - unlawful possession or unlawful use of firearms;
- violence;
- sales to
minors;
- financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including
evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance
with state or local law;
- amounts of marijuana inconsistent with purported compliance with state or local law;
- illegal
possession or sale of other controlled substances; or
- ties to other criminal enterprises.
Of
course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively
when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors
are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter
in any way the Department's authority to enforce federal law, including laws prohibiting the manufacture, production, distribution,
possession, or use of marijuana on federal property. This guidance regarding resource allocation does not "legalize"
marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits,
or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal
matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create
a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to
the exercise of investigative and prosecutorial discretion. Finally, nothing herein precludes investigation
or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for
the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation
or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where
investigation or prosecution otherwise serves important federal interests. Your offices should continue
to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and
federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement
authorities, and the Principles of Federal Prosecution. cc: All United States Attorneys Lanny
A. Breuer
Assistant Attorney General Criminal Division B. Todd Jones
United States Attorney
District of Minnesota
Chair, Attorney General's Advisory Committee Michele M. Leonhart
Acting
Administrator
Drug Enforcement Administration H. Marshall Jarrett
Director
Executive Office
for United States Attorneys Kevin L. Perkins
Assistant Director
Criminal Investigative Division
Federal Bureau of Investigation
|
|
|
