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What's Behind the Obama Administration's About Face Regarding Medical Marijuana?

Posted: 05/05/11 10:30 PM ET

Here was the Obama administration's well publicized position on medical marijuana, circa 2009 (via the Ogden memo to all United States attorneys):

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.

Here's the Obama administration's not-so-well publicized position on medical marijuana today (via the May 2, 2011 letter sent from the office of the United States Attorney, District of Arizona, to the Arizona Department of Health Services re: the implementation of the voter-approved Medical Marijuana Program): "The United States Attorneys Office ... will vigorously prosecute individuals and organizations that participate in the unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law."

In recent weeks, the Administration has reversed its position regarding states' implementation of medical marijuana legislation -- replacing what was once perceived as a 'hands off' approach with one of intimidation.

In April, NORML blogged about the U.S. Department of Justice, particularly U.S. Attorneys Jenny Durkan of Seattle and Michael Ormsby of Spokane, threatening "civil and criminal legal remedies" (read: sanctions) against Washington state citizens, including state employees, who assist with or engage in the production or distribution of medical cannabis, "even if such activities are permitted under state law."

The U.S. Attorneys' threats came in response to an inquiry from Gov. Chris Gregoire who most likely was seeking 'political cover' so that she could publicly 'justify' her veto of legislation (SB 5073) that sought to license and regulate the dispensing of medical cannabis to qualified persons, and would have enacted additional legal protections for patients who voluntarily participated in a statewide registry. The threats worked; Gov. Gregoire cited them in her veto statement Friday.

In fact, the threats worked so well, that in recent days U.S. Attorneys in other states with active medical marijuana programs have begun issuing similar menacing proclamations.

Last week in Colorado, where state regulators have licensed over 800 state-licensed medical cannabis dispensaries, U.S. Attorney John Walsh sent a letter to the state's Attorney General alleging that the federal Justice Department will "vigorously" prosecute individuals or organizations engaged in "unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law." A spokesman for Walsh's office adds, "In the eye of the federal government, there's only one type of marijuana. And marijuana is a Schedule I controlled [federally prohibited] substance."

Arizona U.S. Attorney Dennis Burke fired off a similarly worded letter this week to Will Humble, the director of the state Department of Health Services, which is overseeing the implementation of Proposition 203. Under the law, which was approved by voters last fall and was enacted on April 15, the state must register qualified patients who have a doctor's recommendation for cannabis and also license dispensaries to provide it to them. However, according to Burke, said dispensaries that are compliant with the state's law will "not [be] protect[ed] from [federal] criminal prosecution, asset forfeiture, and other civil penalties."

In Vermont, U.S. Attorney Tristram Coffin recently warned lawmakers, who are deciding on whether to expand the state's 2004 medical cannabis law to include state-licensed dispensaries, that doing so will place the state in violation of federal law. Coffin's warning appears to be having its desired effect, as several state lawmakers now say that they no longer intend to support the proposed licensing measure.

Finally, in Rhode Island, Gov. Lincoln Chafee announced this week that he is suspending the state's nascent medical marijuana distribution program, set to begin this June. In March, the representatives from the Rhode Island Department of Health selected three applicants to operate the state's first-ever, government licensed medical cannabis dispensaries. (The dispensaries program was initially approved by lawmakers in 2009, but the winning applicants were not decided upon until two years later.)

Predictably, Chafee's abrupt change of heart came after receiving a hand-delivered letter from U.S. Attorney Peter F. Neronha Friday threatening to prosecute civilly and/or criminally those involved in the dispensary program.

So what's the impetus for the Obama administration's sudden decision to play rhetorical hard ball? NORML Outreach Coordinator and podcaster Russ Belville speculates that the administration's about-face has little to do with patients' use of medical cannabis, and everything to do with the broader political implications associated with allowing states to demonstrate that cannabis can be regulation in a safe, effective, above-ground manner.

"Mr. Obama's ... true intention is to stifle the development of any viable legal cannabis distribution industry. By sending threat letters to Rhode Island and Arizona, states that have created clear and unambiguous laws for medical cannabis providers to follow, it is obvious that Mr. Obama isn't opposed to medical cannabis, per se, but terribly opposed to medical cannabusiness.

"If (medical cannabusiness) establish (themselves), people will become accustomed to safe, secure, well-run businesses that deliver consistent, reliable, tested cannabis products. They'll appreciate the way these places revitalize sagging economies, provide jobs, and contribute taxes to budget-starved localities. They'll realize all the scaremongering by the government about what would happen if marijuana was legal, even for sick people, was hysterical propaganda. [And] they'll begin to wonder why we don't just legalize cannabis for everyone, create more jobs, raise more revenue, and use these established businesses as the distribution points."

Any questions?

 
 
 
Here was the Obama administration's well publicized position on medical marijuana, circa 2009 (via the Ogden memo to all United States attorneys): The prosecution of significant traffickers of illegal...
Here was the Obama administration's well publicized position on medical marijuana, circa 2009 (via the Ogden memo to all United States attorneys): The prosecution of significant traffickers of illegal...
 
 
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HUFFPOST SUPER USER
Binea
Only a fool denies she is a fool, I am no fool
08:28 AM on 07/02/2011
part 2 The medications they had my son on at various times starting at age 13 were no help and actually made him violent.Medical pot would be far better than the meds they put him on as a young teen. I've read of the benefits of it with other illnesses,and I suspect the reason it is still not legal everywhere is the pharm lobby...so,why don't you legalize it everywhere,and let the pharm companies make a profit from it
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HUFFPOST SUPER USER
Binea
Only a fool denies she is a fool, I am no fool
08:27 AM on 07/02/2011
Medical use of pot,should be legal everywhere, regulated and watched as closely as any prescription drug.My Oldest son,now 26,had severe tourettes syndrom,he admitted to me a few years ago that he had started smoking pot as an older teen,right about the time his tics seemed to have mellowed out dramatically.Imagine having a little boy ten years old in the store with you and he can't stop spitting,the disgust people had,and his inability to stop.He was treated badly in school by peers and adults.That was only one tic.There was a time I had to keep him out of baseball because I was afraid his jumping and tossing the bat in the air would hurt him..I had to make him use plastic cups,because he had a tic where he would bite on his glass,he also tossed his plate in the air a few times ( he tossed anything in his hands),he had a tic where he would bark,and one where he'd squeal ,he had one where he would give the middle finger in three's ( 7 yrs old at the time) the horror on his face when he did that,broke my heart. Now at 26, I suspect he still smokes pot,and the tics are very mild,just a few facial grimaces..there was a study done in England with pot and tourettes patients that showed that pot dramatically reduced and even made some patients tic free. Part -1
08:34 AM on 05/18/2011
Obey the guidance of science? I think not Obama, more like get dragged around and scolded by lobbies... I am sure those that get part of that 26.5 billion bi-annually through our National Drug Policy, are constantly in his ear.

What a joke, change.org and the official .gov site are fluff, 198 out of 200 top questions were about drug reform and it totally gets ignored. Schedule I drugs have NO MEDICAL VALUE- why is marijuana in that list? Total BS
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fumes
Midnight Toker
06:18 PM on 05/12/2011
it cures cancer:

http://www.dailysmoker.com/blog/cured-cannabis-story
05:35 PM on 05/12/2011
SB423 UPDATE: May 12, 2011 There are plenty of opportunities to take ACTION against SB423!

1.) Be registered, make sure you are registered for where you live!!! You WILL be TURNED away, or your signature will NOT COUNT!

2.) Sigh a petition, ANY petition that comes in front of you calling to end SB423!!

3.) Get ONE other person to register to VOTE!!!

4.) Get ONE person to sign a petition that WILL be being circulated!!

Stay Informed UPDATES CONSTANTLY!!

http://tinyurl.com/3pbsh7v
01:43 PM on 05/11/2011
Many people got swindled by just another Chicago Swindler Politician. No real news here. All you can do is vote AGAINST him in 2012.
01:17 AM on 05/09/2011
Ron Paul 2012!!!!!
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HUFFPOST SUPER USER
J Craig Canada
01:41 PM on 05/07/2011
Yes, I have a question. Why are NORML and Belville trying to take the "medical" out of marijuana by advocating taxation? How much sales tax does Merck, GlaxoSmithKline, and Pfizer pay?

How are we supposed to outbid pharmaceutical lobbyists when we can't pay the outrageous taxes that are being passed all across the country thanks to Prop. 19 and that money tree NORML planted in Times Square?
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HUFFPOST BLOGGER
RadicalRuss
Host of The Russ Belville Show
03:05 PM on 05/09/2011
That's actually three questions, but I'll bite.

1) Your premise is incorrect. Adding "personal recreational use" does not take the "medical" out marijuana; rather, it more correctly describes the full medical / spiritual / recreational uses of cannabis. If a cancer fighter, a Rastafarian, and a hippie are sharing a joint, they are not a "patient", a "believer", and a "criminal". It's still the same pot and it's all the same human right.

2) Sales tax? Well, I suppose if they are purchasing goods anywhere but Alaska, Delaware, Montana, New Hampshire, and Oregon, they're paying some sort of sales tax.

3) What are these taxes that have been passed since Prop 19. lost and NORML put up an ad?

News flash: Non-prescription drugs are taxed in 40 states and prescription drugs are taxed in 17 states. I don't think that's right, but if cannabis wants to argue it shouldn't be taxed as medicine, it needs to make that argument for Lipitor, too.

If you truly want to help patients, you call for the legalization of cannabis for all. If it is a legal recreational substance, like others (tobacco, alcohol), it will be taxed. What's better: an untaxed $200 ounce you have to jump through hoops to get or a $50 ounce with a $50 tax available to any adult with a pulse? Then argue patients shouldn't have to pay the $50 tax for medical use in those remaining 17 states.
01:58 AM on 05/07/2011
Gary Johnson got a hearty round of applause for his stance on cannabis prohibition at the Republican "debate" last night. Keep the dialog going Gary, even if you don't get on the ticket.
02:26 PM on 05/06/2011
He sold out! He has no backbone! When the ruling elites tell Obama to jump, he asks "how high?"

He and the feds MUST wise up and stop using Americans to fund their regime by incarcerating innocent people for using a proven medicine! It is NOW being recognized as a "medicine" by a Federal Agency called the National Cancer Institute!

http://coloradoindependent.com/81475/first-federal-agency-to-acknowledge-medical-marijuana-removes-anti-tumor-information-from-database .

WISE UP OBAMA!
01:20 PM on 05/06/2011
How many votes did Obama lose by doing this about face?
Let's hope millions.
Johnson 2012!
Liberty for America!
Now is the time for those opposed to cannabis prohibition to stand together and make our collective voices heard loud and clear.
This continued policy is harming our economy, healthcare, environment and foreign policy. Not to mention all the lives (American and others) lost and ruined!
12:59 PM on 05/06/2011
I believe the administration is daring the states to challenge their postiion in court. It's time for the elected officials in the states where the people have voted to legalize the use of MMJ to stand up for the constituents they serve and represent (do their job).

Stop the oppression and scare tacticts. Put the terrorists/cartels in Mexico out of business, free the non violent so called criminals who are currently incarcerated for non violent posession charges. Restore the freedoms that our founding fathers took for granted.


Legalize and regulate the very real Cannabis and Industrial Hemp industries.
04:08 PM on 05/06/2011
exactly! One the one hand, some of these governor's claim that the Affordable Care Act via the Federal Government exercises too much power, yet on the other they become super frightened when something their voters passed is being fought by THAT SAME FEDERAL GOVERNMENT! Hmmm....???

Legalize it Already!
jhNY
Mercy.
12:55 PM on 05/06/2011
The president and his campaign folk single-mindedly pursue the Magic Middle, wherein all those independent voters amble about. BECAUSE HE THINKS HE CAN TAKE HIS BASE FOR GRANTED. That's the calculation-- he needs only to add to a base which in significant numbers WILL NOT DESERT HIM.

So--he inoculates himself against charges of being a tax-and-spend Democrat by being a No New Taxes, Reduce the Deficit kind of guy, inoculates himself against being a pro-legalizing liberal by going after medical marijuana. inoculates himself against being soft on defense by prolonging the wars he inherited and starting a few new ones.

Sucks being taken for granted, but in the president's and the campaign team's calculations, we'll take it, even if we don't like it. Have they miscalculated?
10:19 AM on 05/06/2011
Jesus said to do unto others as we would have them to do unto us. None of us would want to see our parent or other loved one thrown in jail for using marijuana to ease the pain, depression, or nausea of a life-threatening illness. It's time to stop putting our own families in jail.

Put the drug gangs out of business for good. Legalize a dozen plants for anyone who wants to grow it in their own back yard.
01:32 PM on 05/06/2011
A dozen? I'd be content with two. That'd last me a YEAR or more.
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Midnight Toker
09:55 AM on 05/06/2011
O is right to crush this evil ancient panacea..

the Founding Fathers were all for it..

and look they're all dead now!

George Washington was growing hemp at Mount Vernon presumably for its fiber,
though it has been argued that
Washington was also concerned to increase the medicinal or
intoxicating potency of his marijuana plants.

The argument depends on a curious tradition, which may
or may not be sound, that the quality or quantity of marijuana
resin (hashish) is enhanced if the male and female plants are
separated before the females are pollinated. There can be no
doubt that Washington separated the males and the females. Two
entries in his diary supply the evidence:

May 12-13 1765: "Sowed Hemp at Muddy hole by Swamp."
August 7, 1765: "--began to separate the Male from
the Female Hemp at Do--rather too late."

George Andrews has argued, in _The Book of Grass: An Anthology of
Indian Hemp_ (1967), that Washington's August 7 diary entry
"clearly indicates that he was cultivating the plant for medicinal
purposes as well as for its fiber." He might have
separated the males from the females to get better fiber, Andrew
concedes--but his phrase "rather too late" suggests that he
wanted to complete the separation before the female plants were
fertilized--and this was a practice related to drug potency not fiber.
http://wiki.answers.com/Q/Did_george_washington_grow_weed_in_his_garden
01:36 PM on 05/06/2011
Fertilized females grow to produce seeds. Unfertilized plants don't.
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Jon Polm
@jonpolm
09:14 PM on 05/08/2011
...exactly. this along with increasing potency both suggest he was cultivating to smoke, not replant.