Patient Advocates Sue Federal Government Over Medical Marijuana Crackdown In California

WASHINGTON -- Medical marijuana advocates in California are suing the federal government in the latest development in a larger effort to deter federal prosecutors' crackdown on medical pot establishments in the Golden State.

In the lawsuit, plaintiffs Americans for Safe Access, the country's largest medical marijuana advocacy organization, claim that the Department of Justice has overstepped its constitutional authority in policing local medical marijuana laws within the state of California.

"Although the Obama Administration is entitled to enforce federal marijuana laws, the Tenth Amendment forbids it from using coercive tactics to commandeer the law-making functions of the State," said ASA Chief Counsel Joe Elford, who filed the lawsuit Thursday in San Francisco's federal District Court. "This case is aimed at restoring California's sovereign and constitutional right to establish its own public health laws based on this country's federalist principles."

The ASA lawsuit was filed on behalf of the tens of thousands of residents in California who have been directly affected by the Justice Department's actions. Federal prosecutors on Oct. 7 launched an attack on medical marijuana dispensary owners in California, vowing to shutter state-licensed businesses and threatening landlords with property seizures.

Obama as a candidate promised to maintain a hands-off approach toward pot clinics that adhered to state law, with Attorney General Eric Holder publicly asserting that federal prosecutors would not initiate enforcement actions against any patients or providers in compliance with state law, deeming it an inefficient use of scarce government resources. Now advocates want him to make good on those promises.

"I think the President, who I support, really needs to exercise some leadership on this issue," Assemblyman Tom Ammiano (D-San Francisco) said Tuesday in an interview with The Huffington Post.

On Tuesday hundreds of marijuana activists gathered in downtown San Francisco, where Obama was attending a fundraising luncheon, to protest the federal crackdown on California's pot industry. The president did not stop to acknowledge the protesters or their message.

Jim Cole, the Justice official who authored the federal government's medical marijuana memo, has declined to discuss the federal government's position on the recent efforts.

Comments

[Shelahn]

12:39 PM on 11/07/2011

I have MS. I use Marinol (prescribed by my doctor) in Ohio to combat spasticity and pain. It works well. I earn over $100k a year as a senior systems engineer specializing in HP enterprise servers. My insurance company pays over $17k a year for Marinol (occording to my EOB). I switched to the generic Dronabinal when it became available. It's still $12k a year (again, according to my EOB). If it were legal to grow, it would cost ME $50 a month and my insurance company NOTHING. Unfortunately if I grow it the government will take my house and job. Instead I follow the 'legal' path and force my insurance company (and thereby everyone else who is covered) to pay for it. Let's hear your arguements on why this makes sense please. I don't understand it, that's for sure.

[Stockmanson]

02:31 PM on 10/29/2011

So the state law is in conflict federal law. The Supreme Court long ago ruled federal law is superior to state law. So if that is a done deal, what is the debate really about?

When the federal government fails to secure the border and an state faced with too many illegal aliens attempted to assist, the A.G. sued claiming sole and superior authority. If you support that position then by what rational do you support the counter position that the California law on medical marijuana is superior to the federal ban.

Or if you object with the federal position on the first and agree with the state on the second your quarrel is with the Supreme Court.

[darkmark]

02:42 AM on 10/31/2011

national borders slightly different than state laws pertaining to medical care of the states citizens., apples and oranges.

[Stockmanson]

10:25 AM on 10/31/2011

A state law permits medical use, federal law does not recognize the legality of medical use. That is the simple conflict but the federal is superior. You are entitled to your opinion and how you would like things to be but that doesn't change the law. If you argue the state should be superior that is fine, but today it is not. Governments both federal and state are obligated to enforce all laws so your argument is really with the Supreme Court decision. To argue the federal government shouldn't enforce a law you don't like has no legal or logical foundation.

[Deep Thinking Man]

08:29 PM on 10/28/2011

http://www.cbsnews.com/8301-500188_162-20124165/mega-bucks-flow-from-drug-cos-to-doctors/

http://www.associatedcontent.com/article/5913064/over_17000_doctors_in_the_us_are_paid.html?cat=71

http://articles.chicagotribune.com/2011-09-28/news/chi-110928gintzler_briefs_1_medicine-pharmaceutical-companies-doctors


http://www.naturalnews.com/001298.html

GOOD NEWS !!!!!...the Dr. is IN !!!!!!!

Drs. take bribes and "gifts" from big pharma !!!!!!...they perscribe needless/useless meds, and when these don't work...they perscribe the same meds with different names !!!!!...MOST/ALL meds have many, many dangerous side-effects plus, some are addicting (been there, done that)!!!!

Marijuana is a natural medication, and i don't believe government, corporations, or Drs. have any right to be legalized "pushers" of any medication that can/will kill. Marijuana is available, and is a natural, healing medication that has been used since 12,000 years B.C....i believe that if a user needs/wants Marijuana, then grow it yourself !!!!!...we should NEVER have to answer to ANYONE about what we so with our lives, because our lives belong to US...NOT them !!!!!!

[Stockmanson]

02:44 PM on 10/29/2011

Best be careful as to how much you grow. If you exceed the limit the government has the power to size the entire property, sell it at auction and prosecute you. This is no casual decision to be made with out full information of the Rico Statutes.

[Deep Thinking Man]

02:51 PM on 10/29/2011

yes sir !!!!!...i've been researching everything that i can get my hands on...i found out that i can grow 4 plants and it's considered a misdemeanor...i have places to "put" them, so i'm sure i'll be ok...thanks for your advice my friend !!!!!

[Amanda K Emara]

07:36 PM on 10/28/2011

Deep Thinking Man, Amanda here, Yes, I am in Illinois. Rockford.

[Deep Thinking Man]

07:38 PM on 10/28/2011

waaay norrheast of me !!!!!

[Amanda K Emara]

10:36 AM on 10/29/2011

You could Facebook me. Name and face is the same it is as shown. I'm sure we could have a lot to talk about.

[Sarita1225]

05:11 PM on 10/28/2011

The single greatest thing ever for pain, from cramps to cancer!

[davearnold007]

12:52 PM on 10/28/2011

"Obama as a candidate promised to maintain a hands-off approach toward pot clinics that adhered to state law,"

Now that we know Obama as the liar in chief, it is easy to see that, as a lawyer, he can parse that statement "as long as the pot clinics adhered to state law".

Now, he is interpreting state law, and of course will conclude that all clinics are in violation thereof.

What a con man.

As a lawyer, I find Obama to be one of the sleaziest characters ever to be in the Whitehouse. He makes Nixons greasy activities seem childish.

The list of criminals from the Bush administration Obama has kept on staff is just awe inspiring in its bold contrast to the person he sold himself to be in 2008.

This guy has gall to fill the grand canyon. It is really sad Hillary won't run and there are only 'short bus' candidates on the right. Obama should be replaced.

Oh, and I voted for him and live in Cal, the state under attack by the Federal government in violation of the Tenth Amendment and the supremes who said that the Fed cannot use its police to enforce state law.

yeah, I know. The real reason he is attacking Cal is on Federal grounds. And that is the TRICK!! He never said he wouldn't enforce FEDERAL law, the slimy creep.

And so...he does. During an election year.

[dahile00]

01:20 PM on 10/28/2011

Hyperbole much? So, erasing 18 minutes of incriminating audio and keeping an "Enemies List", illegally investigating said enemies is *child's play* compared to Obama? The * SLEAZIEST* person to hold the office? Possibly--Cheney was VICE president, possibly the sleaziest, corporate minded nut-job that's slimed his way into DC in several generations (I'm willing to bet there were sleazier than him, but *they* had the courtesy to operate *outside* of the public eye).

The problem with replacing Obama is that the criminals that oozed their way into his cabinet will more than likely end up oozing into someone else's. How do we get rid of those slime lords? It's not the figure-head's fault. Obama could be *anyone*. It's time we ignore the calls to "Pay no attention to that man behind the curtain."

[hempest]

12:12 PM on 10/28/2011

The pharmaceutical companies told the feds to jump

[marijobama]

11:29 AM on 10/28/2011

I hope they win their lawsuit, but I doubt they will. The supreme court is full of appointees from past administrations that were (as this one still is) the puppets of all the special interests that want to keep it illegal, and so they are biased against cannabis from the gitgo. We've got to separate the special interest money from the government, especially the election process. Until we do, it will be illegal.

[Ex-Fed]

10:58 AM on 10/28/2011

I am happy to hear about this lawsuit. They are right in their assertion in my humble opinion...we'll see what that gang in the SCOTUS has to say. Another 99%'er here.

[Enid]

12:03 PM on 10/28/2011

First the court must except the case.
Obama respond to OWS or medical cannabis patients.
Seams like a big stretch for Him.
Could not even get behind Wisconsin workers.
I want a democrat for President not G Bush shadow.

[Lynn Mommajuggalo Dunn]

10:35 AM on 10/28/2011

It's about time someone did this! I have been saying that there should be a class action lawsuit against the government by all patients, in all of the non-medical marijuana states, that would be allowed to use if they were in a medical marijuana state...why is it that people in some states should have access to a much safer alternative than people who live in other states? Should medical marijuana not be allowed nationally? Over 70% of the people in the United States believe that it should be legal! When will the politicians start to listen to the people that put them in office in the first place? Oh, nevermind...they bought their seats didn't they...from funding by Big Tobacco, Big Alcohol and Big Pharma! I guess they are listening to the people that put them in office...Damn...I am the 99%!

[threeclicksout]

09:39 AM on 10/28/2011

You should read about this character, Figueroa-Agosto!

It has been alluded to that " He just happened to work for Uncle Sammy Goons, the DEA!"
Except all those witness has since disappeared

Interesting fellow...

http://www.dominicantoday.com/dr/local/2011/4/18/39288/Fugitive-in-Figueroa-Agosto-case-had-been-negotiating-her-surrender

Who's the Biggest Smuggler in the Carrib?

Why it's Uncle Sammy $ His Wrecking Crew!

[Amanda K Emara]

09:13 AM on 10/28/2011

I personally think medical marijuana should be legal in ALL states. It is helpful in a wide range of different ailments. From eating disorders to fibromialgia to arthritis to anxiety to cancer and all that come in between. I'm not saying to abuse it. I'm saying it is a good medicine if your body is hurting and pain medication doesn't work or you can't afford it. It is a good medicine if you are mentally ill--to a point. It slows your mind down if you are panicking or anxious. It allows you to eat if you are going through cancer treatments or have an eating disorder because it gives you an appitite for food. President George Bush Sr. uses THC drops for his eyes. Should we arrest him? If they have such a big deal about it, grow it locally. Pharmacutical companies are just mad because they can't come up with the exact same enzyms as the plant and put it in a pill to make people pay for it. You can't patent nature. Marijuana is a great medicinal drug and should be legalized in all states, but prescribed only by a doctor.

[Deep Thinking Man]

06:37 PM on 10/28/2011

Amanda my friend...thank you for badging my comment !!!!!...i am going to F & B you !!!!

[Deep Thinking Man]

07:19 PM on 10/28/2011

Amanda...i believe that people who are patients should be able to grow their own, or have their care-giver grow it for them...have you heard of Marinol ?????...it's synthetic MJ and it is junk !!!!!!!

[Houcasey]

09:02 AM on 10/28/2011

While I don't deny the benefits of Marijuana for some, I strongly suspect that the majority of medical marijuana users have just found a way to scam taxpayers and insurance companies into paying for their habit. Every medical marijuana user I've ever met is unemployed, on disability or welfare and has some vague back problem.
Get high all you want... just don't expect me to pay for it.

[kstatements]

09:51 AM on 10/28/2011

Houcasey, you are not very educated about the issue are you? Tax payers are not footing the bill for any of this.....well except for paying for illegal crackdowns and such. That is what you should be outraged at. Now, care to tell us how many medical marijuana users you have actually met? Seems to me you are tossing out some vague accomplishment that you cannot approve to claim your position is somehow valid, which it certainly is not. Guess you also aren't aware of how much money these places pay in taxes.

[Houcasey]

10:27 AM on 10/28/2011

I'm in the medical profession so I have met approximately 10 medical marijuana users and ALL of them had their medical marijuana paid for by Medicaid. Not a single one was a legitimate use. I began my post by agreeing that it is of use for some but I have yet to meet one patient who is receiving it for a legitimate use and the taxes these places pay do not pay for the people who abuse the system.

[Amanda K Emara]

10:43 AM on 10/28/2011

Not EVERY medicinal marijuana user is unemployed, disabled, or on welfare. Are you aware of the good it does for cancer patients? Are you aware the good it does for people with chronic pain who can't afford the medicine for their flair ups, which also happen to be narcotics by the way? We are talking about people who need a cheap yet effective drug. The people who are prescribed marijuana have to purchase the product out of their own pocket. So you don't pay a thing. What you should be mad about, is the government spending YOUR money to do raids on the establishments that sell to people who have a prescription. How much do you think that costs? Let me tell you something, I use medical marijuana because I have PTSD, Anxiety Disorder, Panic Disorder and Bipolar I. When going through flashbacks or having a panic attack the marijuana works almost instantly instead of waiting 45 minutes for a pill to kick in. Yes, I work and I take my medication the doctor prescribes as I should, but in the case of an emergency, I use medical marijuana. I am not on welfare or disability. I pay for my own medication myself and I pay for my own marijuana myself. Most users are not deadbeats they use it because they need it.

[Ex-Fed]

11:09 AM on 10/28/2011

Thanks for your service Amanda. I have been dealing with glaucoma for several years now. Half of my optic nerve is gone in one eye, a third gone in the other. For the last 7 years med. MJ has helped keep my eye pressure down, along with prescribed drops, and my eyes have stabilized and no further loss of optic nerve. I am a veteran, and worked as an Air Traffic Controller for the govt. for 28 years. I am retired and work part time, pay for and grow my own, and I will be damned if I will go blind to follow a law based on lies and prejudice.

[The Shadow]

07:37 AM on 10/28/2011

Help NORML reform marijuana laws.

Tell Your Representatives to Co-Sponsor HR 2306:
The Ending Federal Marijuana Prohibition Act of 2011
http://capwiz.com/norml2/issues/alert/?alertid=52475516

[Acebass]

06:21 AM on 10/28/2011

It's situations like these that make defending a strong central government so hard. How can those of us who believe in government trust a government that wont listen to the very people they are elected to govern.
That's not what responsible governance is.