Lawmakers In 5 States Tell Feds To Back Off Medical Marijuana

WASHINGTON -- Elected lawmakers in five states have a message for the federal government: Don't interfere with state medical marijuana laws.

In an open letter to the federal government, lawmakers from both sides of the political aisle called on the government to stop using scarce law enforcement resources on taking pot away from medical marijuana patients.

"States with medical marijuana laws have chosen to embrace an approach that is based on science, reason, and compassion. We are lawmakers from these states," the lawmakers explained in their letter.

"Our state medical marijuana laws differ from one another in their details, such as which patients qualify for medical use; how much marijuana patients may possess; whether patients and caregivers may grow marijuana; and whether regulated entities may grow and sell marijuana to patients. Each of our laws, however, is motivated by a desire to protect seriously ill patients from criminal penalties under state law."

The letter -- signed by Assemblyman Tom Ammiano (D-Calif.), Sen. Jeanne Kohl-Welles (D-Wash.), Rep. Antonio Maestas (D-N.M.), Sen. Cisco McSorley (D-N.M.), Assemblyman Chris Norby (R-Calif.), Rep. Deborah Sanderson (R-Maine) and Sen. Pat Steadman (D-Colo.) -- comes directly on the heels of a federal raid in the heart of California's pot legalization movement: medical marijuana training school Oaksterdam University in downtown Oakland, where U.S. Drug Enforcement Administration officials on Monday blocked off doors with yellow tape and carried off trash bags full of unknown substances to a nearby van. An IRS spokeswoman could not comment on the raid except to say the agents had a federal search warrant.

The lawmakers called on President Obama to live up to his campaign promise to leave the regulation of medical marijuana to the states, adding raids would only "force patients underground" into the illegal drug market.

The president as a candidate promised to maintain a hands-off approach toward pot clinics that adhere to state law. At a 2007 town hall meeting in Manchester, N.H., Obama said raiding patients who use marijuana for medicinal purposes "makes no sense." At another town hall in Nashua, N.H., he said the Justice Department's prosecution of medical marijuana users was "not a good use of our resources." Yet the number of Justice Department raids on marijuana dispensaries has continued to rise.

Read the full letter here:

Over the last two decades, 16 states and the District of Columbia have chosen to depart from federal policy and chart their own course on the issue of medical marijuana, as states are entitled to do under our federalist system of government. These states have rejected the fallacy long promoted by the federal government -- that marijuana has absolutely no accepted medical use and that seriously ill people must choose between ignoring their doctors' medical advice or risking arrest and prosecution. They have stopped using their scarce law enforcement resources to punish patients and those who care for them and have instead spent considerable resources and time crafting programs that will provide patients with safe and regulated access to medical marijuana.

States with medical marijuana laws have chosen to embrace an approach that is based on science, reason, and compassion. We are lawmakers from these states.

Our state medical marijuana laws differ from one another in their details, such as which patients qualify for medical use; how much marijuana patients may possess; whether patients and caregivers may grow marijuana; and whether regulated entities may grow and sell marijuana to patients. Each of our laws, however, is motivated by a desire to protect seriously ill patients from criminal penalties under state law; to provide a safe and reliable source of medical marijuana; and to balance and protect the needs of local communities and other residents in the state. The laws were drafted with considered thoughtfulness and care, and are thoroughly consistent with the American tradition of using the states as laboratories for public policy innovation and experimentation.

Unfortunately, these laws face a mounting level of federal hostility and confusing mixed messages from the Obama Administration, the Department of Justice, and the various United States Attorneys. In 2008, then candidate Obama stated that as President, he would not use the federal government to circumvent state laws on the issue of medical marijuana. This promise was followed up in 2009 by President Obama with a Department of Justice memo from former Deputy Attorney General David W. Ogden stating that federal resources should not generally be focused "on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." This provided welcome guidance for state legislators and administrators and encouraged us to move forward with drafting and passing responsible regulatory legislation.

Nonetheless, the United States Attorneys in several states with medical marijuana laws have chosen a different course. They have explicitly threatened that federal investigative and prosecutorial resources "will continue to be directed" towards the manufacture and distribution of medical marijuana, even if such activities are permitted under state law. These threats have generally been timed to influence pending legislation or encourage the abandonment of state and local regulatory programs. They contradict President Obama's campaign promise and policy his first year in office and serve to push medical marijuana activity back into the illicit market.

Most disturbing is that a few United States Attorneys warn that state employees who implement the laws and regulations of our states are not immune from criminal prosecution under the federal Controlled Substances Act. They do so notwithstanding the fact that no provision exists within the Controlled Substances Act that makes it a crime for a state employee to enforce regulations that help a state define conduct that is legal under its own state laws.

Hundreds of state and municipal employees are currently involved in the licensing and regulation of medical marijuana producers and providers in New Mexico, Colorado, Maine, and California, and have been for years. The federal government has never threatened, much less prosecuted, any of these employees. Indeed, the federal government has not, to our knowledge, prosecuted state employees for performing their ministerial duties under state law in modern history. It defies logic and precedent that the federal government would start prosecuting state employees now.

Recognizing the lack of any real harm to state employees, a number of states have moved forward. New Jersey Governor Chris Christie drew on his own experience as a former United States Attorney in deciding that New Jersey state workers were not realistically at risk of federal prosecution in his decision to move forward implementing New Jersey’s medical marijuana program. Rhode Island, Vermont, Arizona, and the District of Columbia are also in the process of implementing their state laws.

Nonetheless, the suggestion that state employees are at risk is have a destructive and chilling impact. Washington Governor Christine Gregoire vetoed legislation to regulate medical marijuana in her state and Delaware Governor Jack Markell suspended implementation of his state's regulatory program after receiving warnings from the United States Attorneys in their states about state employees. Additionally, a number of localities in California ended or suspended regulatory programs after receiving similar threats to their workers.

We, the undersigned state legislators, call on state and local officials to not be intimidated by these empty federal threats. Our state medical marijuana programs should be implemented and move forward. Our work, and the will of our voters, should see the light of day.

We call on the federal government not to interfere with our ability to control and regulate how medical marijuana is grown and distributed. Let us seek clarity rather than chaos. Don’t force patients underground, to fuel the illegal drug market.

And finally, we call on President Obama to recommit to the principles and policy on which he campaigned and asserted his first year in office. Please respect our state laws. And don't use our employees as pawns in your zealous and misguided war on medical marijuana.

Assemblymember Tom Ammiano (D-CA)

Senator Jeanne Kohl-Welles (D-WA)

Representative Antonio Maestas (D-NM)

Senator Cisco McSorley (D-NM)

Assemblymember Chris Norby (R-CA)

Representative Deborah Sanderson (R-ME)

Senator Pat Steadman (D-CO)

Earlier on HuffPost:

Comments

[Eric Weed]

01:34 AM on 06/28/2012

Marijuana is not just a drug,medical uses for marijuana is now being used by patients with chronic disease.

[Eric Weed]

09:46 AM on 06/11/2012

Politicians are too busy trying to impress their voters.Hope they can pass a law protecting medical marijuana users. There should be a clear law supporting Medicinal Cannabis patients and protecting them from violating the law. Through this Local Medical Marijuana Dispensaries can be freely accessed by them.

[BCLobbyist]

02:52 AM on 05/16/2012

The prohibition against marijuana has caused much needless suffering and death and yet no President yet elected has the wisdom or the courage to end this mendacity. Perhaps we need to get Biden to talk about his support for medical marijuana so that Obama can then be shamed into doing the same.

[MISTERWIZARD]

06:11 AM on 05/14/2012

forget about the government doing anything. if every single person arrested for marijuana possession requested a jury trial, it would be over.

[Julie Baker Morse]

04:41 AM on 04/30/2012

Hold Obama accountable for his actions in November. Until We, the People, hold our elected officials accountable for their actions, they'll continue to lie to us every time they want us to re-elect them. This year offers an interesting, low-risk opportunity to do so.

Mitt Romney does not differ fundamentally from POTUS Obama on any major positions. Voting for Romney will result in an Administration similar to Obama's; little will change, but we will have sent the message that there will be consequences for lying to the American People.

If you'd like a better option, consider casting your vote for Dr. Ron Paul, even if you must write his name on the ballot. Many things would change in a Ron Paul Administration. The wars would end--all of them, including the failed war on drugs. The states would regain their Constitutionally-granted powers, as would the People. And we will have sent a strong message to all politicians that a verifiable record of integrity and respect for our Constitution is the new necessary qualification to become our POTUS.

[Thordeer]

12:58 AM on 05/03/2012

In foreign wars, globalization push, austerity in the face of deficits, and the war on drugs, there is little difference between Obama and any Republican. But I think the Republicans will push further to the right on basic economic policy--more deregulation of industry, more tax cuts for the rich, debt crisis-mongering (through tax cuts) forcing cuts in social spending. What's worse: Letting a terrible, moderate-right Democratic President off the hook, or putting a Republican in charge and sending us back to the stone ages on social policy?

[Julie Baker Morse]

01:57 AM on 05/03/2012

To me, letting the liar off the hook. If we continue to re-elect politicians who promise change but fail to deliver on the specifics, there is absolutely NO incentive for politicians to devlop integrity or follow through on their promises. We're telling them that it's okay to pursue personal greed and screw over the People that elected them. How will that system EVER produce a politican who would genuinely work toward change beneficial to the nation as a whole?

[Wes Uriarte]

12:35 PM on 04/26/2012

If you can remember history class in 5th grade, it once was illegal and punishable by death to possess tobacco seed. I'll have to brush up on the subject, having learned this almost 15 years ago. But I do believe the original settlers in the Jamestown colony had smuggled Tobacco out of Spain and brought it with them to the new world where they cultivated it and traded. The colony prospered and I recall something about this act being the only thing that saved Jamestown from despair and failure. It could be said that Tobacco was responsible for the growth of the New World Colonies- the founding of America and one of the first and still one of the biggest of America's resources. "If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained _ we must fight!" Patrick Henry

[dbrett480]

03:55 PM on 04/25/2012

The federal government has always had authority on medical products. Why do they think marijuana would be exempt from this?

[stacknef]

08:58 PM on 04/25/2012

its not a product. Its a plant, like roses and broccoli

[dbrett480]

10:14 PM on 04/25/2012

Most medicine is derived from plants. If you want to view marijuana as a medicine, then treat it like one with all the rights and regulations that go along with it.

[Julie Baker Morse]

04:46 AM on 04/30/2012

It's a political decision rather than a science-based decision. Reputable studies by other nations prove that there's definitely some medical benefit from marijuana. At the least, reclassifying it to a different Schedule would allow easier access for scientists who wish to study and define those medical benefits, for the good of the nation.

[dbrett480]

02:23 PM on 05/02/2012

I completely agree that marijuana should not be a schedule 1 drug, but if the medical marijuana advocates want to have it as a legitimate form of medicine, it should go through the proper channels.

[Thinking Clearly]

09:51 AM on 04/09/2012

The federal position on marijuana being a substance with no medical benefit is no longer justifiable and it is morally and ethically wrong. There is no danger in marijuana that can justify the harm and outrageous expenditures for doing these marijuana raids.

Declassify marijuana. Marijuana prohibition must end.

[zrants]

07:21 AM on 04/08/2012

The feds need to heed the request of the lawmakers and allow the citizens to decide what is good for them. Prohibition leads to the black market, takes millions of dollars out of the local economy. Compared to tobacco, which the president is familiar with, marijuana is a healthy habit. No known deaths resulting form marijuana use, unlike the millions that die of tobacco each year. Quit the farce.

[Blanco Coney]

11:09 AM on 04/07/2012

Educate yourself at the page below. Share this info everywhere you go.

http://www.tokeofthetown.com/2012/04/going_green_legalizing_marijuana_is_the_best_thing.php

[Volantiad]

05:28 PM on 04/05/2012

"Elected lawmakers in five states have a message for the federal government: Don't interfere with state medical marijuana laws.'

This should make the 'Don't Tread on Me,' States Rights! Republicans very happy... logically. So, predictably, it won't.

[raidershero]

03:57 AM on 04/05/2012

I love how he says at the end, "...unless we want to talk about the freedom of an individual." THAT"S EXACTLY WHAT THIS IS ALL ABOUT YOU ASS HAT.

[Joe Manning]

02:13 AM on 04/05/2012

Can anyone here elaborate on just how much power Obama has here? Because I don't see how he could order the DEA or IRS to stop that. It's a catch-22 in a way, too much power, or a lame-duck president on this issue?

Either way, he shouldn't make promises he can't keep as most of us don't have the time, money, or education to work the labyrinthine laws of our nation and the ridiculous grey-area of State/Federal law-conflicts which cost taxpayers all over the country. More-so for the ones who live in those specific states.

[Julie Baker Morse]

04:49 AM on 04/30/2012

He could change the Schedule classification of marijuana to a more appropriate level, which would allow for medical research, medical use, and would end the justification for Justice Department raids. He doesn't need Congressional permission to do that; it can be accomplished via the Executive Orders he's so fond of issuing.

[I Drink Liber Tea]

01:16 AM on 04/05/2012

I bet Pres. Obama won't even read this letter that the legislators wrote. Any ways, it's part of an ongoing effort to centralise power in the Federal Government and to minimise the state's capabilities of running their own body of Government. Who do the Obama faithful believe gives Eric Holder his marching orders? This is not the wild wild west. This can be handled with a phone call. Pres. Obama just wants to play both sides. Astounding really. This is like bad television.

[cincinnati]

02:17 AM on 04/05/2012

I can understand the Pres, or Dem's, uncertainity on how to deal with
this ME$$. There's still a large number of voter's, even rather
moderate and progressive one's, who have been brain
washed about pot, which many of us know is far
less dangerous than alcohol
[.....I'd say if 2 beer's = 10 on a 'zonked' rating...
then average pot would be about what, a 1 or 2 ? ]

I'm disappointed with the Pres but not nuts enough
to vote for any GOP. But sometimes you wonder if
he's standing in for the Super Rich elite, allowing
so much of their policies but with 'moderation.'

[fluffygrrrl]

12:34 AM on 04/05/2012

you cant blame Obama, I live in Michigan, and our newly elected attorney general's number one concern IS ending medical marijuana. Bill Shuette will fight this law to his dying breath. He closed all of Michigan's dispensaries. What is sad is that people that don't follow politics will blame Obama for this, when in actuality it is the idiots these same "independents" voted in that saw that they had the state legislature, senate, ag, and governorship, and knew no one could stop them.