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Feds won’t go after medical marijuana use
October 19th, 2009, 8:13 am · 74 Comments · posted by Dena Bunis, Washington Bureau Chief
Albert Maraz, owner of Lake Forest Alternative Center, weighs an order of marijuana for a customer.
Department of Justice officials issued a memo today telling prosecutors that they have better things to do than to bust people for using marijuana for medical purposes in the 14 states, including California, that have made the medicinal use of the otherwise illegal drug legal.
The Justice Department memo says that the priorities of the department continue to be going after drug traffickers. “As a general matter,” the memo says, ”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.”
Click here to read the full memo.
And click here to find a list of Orange County medical marijuana sites.
California voters passed Proposition 215 in 1996, which allowed marijuana usage for medicinal purposes. Federal law prohibits all marijuana usage. Since then the Drug Enforcement Agency has raided medical marijuana clinics, including a dispensary in Laguna Beach a year ago
The memo makes it clear that if prosecutors believe people are using a medical marijuana law in a state to cover up the sale and distribution of marijuana for non-medical reasons that they will act in those cases. But it gives prosecutors guidance that says they should concentrate on real drug trafficking and not those genuinely obeying state laws allowing medical use.
Related stories:
Activists hope to get pot legalized in 2010
City finds itself home to 10 medical marijuana dispencaries
Garden Grove medical marijuana clinic faces closure
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DENA BUNIS, Washington bureau chief, 202-628-6381 or dbunis@ocregister.com
BRIAN JOSEPH, Sacramento correspondent, 916-449-6046 or bjoseph@ocregister.com
JENNIFER MUIR, County government reporter, 714-796-7813 or jmuir@ocregister.com
JOEL WALSH, Washington bureau intern, 202-628-6381 or jwalsh@ocregister.com
MARTIN WISCKOL, Politics reporter, 714-285-2867 or mwisckol@ocregister.com twitter.com/MartinWisckol
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Freedom-loving Americans, support an approach allowing individuals to grow a little marijuana for personal use. It will put the illegal drug dealers out of business in a year. Limit the size of the growing area or the number of plants, and put a small user-fee on it to cover administrative costs, something like a fishing license.
One possibility:$100 per year for a permit to cultivate a dozen plants.
It’s a win-win.
Anytime the Federal Government reduces it’s responsibilities is a good thing. The whole point of this countries constitution is the States ability to rule themselves for the most part. The Federal Government in the US has become far too over bearing.
Now we need the States to stop trying to kill off the workers under their jurisdiction with burdensome and poorly represented taxes.
The Constitution does not allow the Federal Govt. to go above the states when the states have passed a law not specifically granted to its citizens.
Marijuana usage for medical reasons is reasonable. Usage for recreational purposes is not ideal, however like the prohibition on alcohol several generations ago, use marijuana should not be prohibited by law. That said, there should be taxes (the government should love this!), age limits for usage, and like smoking, areas where smoking marijuana is banned. Sale of marijuana should be taxed and enforced like tobacco. Additional laws might be needed to prevent wafting of marijuana smoke from entering public places.
Walking though marijuana second hand smoke in the back streets of Hawaii’s Waikiki would make anyone high. No o=wonder those Hawaiians are so mellow!
It will be impractical to tax marijuana. Unlike tobacco, which requires more effort and trouble, growing marijuana by a private individual is much easier. This makes it less likely that professional growers will be needed. Additionally, if marijuana is legalized, then the cost would plummet, reducing the potential amount of taxes. And if taxes are made artificially high, as they are for tobacco, then what would prevent people avoiding paying the taxes, or even deciding they cannot afford the marijuana?
It doesn’t matter who grows it, or what it costs, you can tax it at the retail level. Something like 10%. So $20 worth of pot cost $22. That’s $2 that the state is NOT getting every time you buy from a dealer the way it is now.
But with legalization, won’t the cost fall dramatically, allowing the purchase of much more for the same cost, to the point of impractical personal consumption?
Additionally, with legalization, who will go through the trouble of weighing and taxing individually grown marijuana, especially that which is covertly cultivated?
Who are the 3 Nationalist Socialists who voted No in this poll?
Most likely extreme religious conservatives. Hardly socialists…most of the social democracies in this world have decriminalized or, frankly, do not care about cannabis. (unless you actually did mean Nazis……)
Hurray - one step closer to full on legalization.
Take that xtians!
Wow. The police unions won’t like this. Crime means business. When you decriminalize something you are threatening the power of the police unions. You are threatening jobs, salaries, pensions, etc… which won’t be taken lightly. They will have to replace this with a new crime to make the police unions whole. I know what we can do. Let’s make tobacco illegal!!! That’s the ticket!!! Decriminalize pot but criminalize tobacco! There’s your answer!!! That should add more wealth to the police union coffers!!!
Who cares about the cops and what they get? Police unions? Police will find anything they can to bust whoever they can. I cant wait to get pulled over and tell the cop, “Yes sir i have marijuana!!! Its bomb would you like a toke?”
you are wrong again oc— we love that they will let this go—- it’s compassionate and the right thing to do—– you sir are nearly always wrong— I have no idea what the mngmnt of unions think about this but the rank and file cop could care less about a mj ticket— get real …
Then why are the federal agencies and the local PD’s fighting it tooth and nail, Rock. They don’t want pot decriminalized. All the PD chiefs are dead-set against it. What world are you living in??? Do you pay attention to the news at all??? Tune it, friend. You are, again, misinformed.
I would say that more than police unions it would be the prisons unions the ones more likely to be threatened by this federal directive
Why would police unions care about anything the feds do or don’t do? Police do not enforce federal laws.
If local police do not enforce federal laws why do they raid the medicinal pot shops along with the feds??? hmmm??? And don’t say they don’t. The FACT is they DO.
So the local cops will raid a medicinal pot shop but won’t raid a local clown house full of illegal foreigners.
hah.
Go figure.
There is no provision in Prop. 215 for “pot shops” or dispensaries. The law provides for patients and their caregivers only.
What’s nesxt, Cocaine or meth classified for medical purposes???
Cocaine is classified for medical purposes.
So is methamphetamine, amp sulphate, and slower
versions like ritalin etc.
umm coke as well as heroine are administered in hospitals so do a little more research before you speak, cause it must such to have to insert your foot into your mouth.
As I wrote nathan, Cocaine is classified for medical purposes. Take your foot out of your butt.
I was actually replying to the person you replied to it just put my comment under yours.
Sorry nathan, didn’t mean to dis you. I thought your response was to my posting. Mea culpa.
who cares, go smoke some more bud, bud. or is speed/meth more your thing.
Cocaine is still on the formulary for most hospitals as it is used for eye surgery. And heroin was originally developed to be a less addictive substitute for morphine, although that didn’t work out too well.
Drug abuse and addiction is a social and medical issue and is not a problem that can be solved by laws or law enforcement. All the current approach is doing is providing a huge revenue stream for criminals.
Some years ago when the Feds stated cracking down on the marijuana growers on the big island of Hawaii the use of meth went up. Along with the use of meth going up so did the crime rate go up. The same has happened on the Island of Maui. It is time to end the prohibition on marijuana.
Yeah, laws are “hard” to follow…lets do away with ALL of them.
The illegals “totally” concur with you “dudes”.
Smoking areas where marijuana is banned? Gimme a break. California is doomed.
really Medical Marijua has been around for 10+ years now and the state is still going. The only reason why this statue is doomed is because of people like the governator.
hey it’s been 10 years and our state’s still completely out of whack.
so the whole “legalize it” argument simply by those who argue in favor of saving our state’s budget is a pretty big farce. and a little extra revenue is a pretty tangential argument, unless you’re a giant proponent of tax and spend.
this state is doomed for simple reasons: too many lowlifes who don’t contribute anything to society, and an overwhelming addition to overspending.
this is a good thing…wonder what that does to cities like Lake Forest that were thinking about revoking some of those dispensary licenses.
I think the city is kinda screwed. They should tax the dispensaries, regulate them more, and wakeup and deal with the year 2009.
Dispensaries are not protected under Prop. 215, only patients and their caregivers.
OcObs easy on the DRAMA !! I think most cops could care less about this great REVELATION from the feds..There is plenty of crime out there to keep them employed so rest easy chap the world not coming to an end…
It will be abused by those who don’t need it making it tought for those who truly do. Hopefully this will free up the police to concentrate on things such as homicide, robbery, burglary, domestic terror and domestic viloence along with tighter DUI enforcement. Then, when prostitution is legalized and regulated for revenue, the REAL criminals better watch out!
Oh my, now we are going to legalize prostitution as well??? You live in a world I don’t want any part of, your world prospective contains some scary stuff.
Sir, prostitution, in one form or another, happens in 80% of american households. You need to come out of the dark ages and join civilization. I am really ashamed at the naitivite of my fellow americans. No wonder the europeans make so much fun of us.
oc remains a NUT…
So if something happens “anyway” (not that you are correct in your statistics) then we should legalize it? No thanks, with your logic or lack thereof, we are headed into the “dark ages”.
Your american puritan beliefs are funny. Really. They make me laugh. Don’t you understand how the world works??? Look at the catholic church that promoted piety and chastity for centuries. There is strong evidence that the catholic church has been protecting pedophile preists from the law for decades!!! hah! And I mean at the highest levels of their organization. hah! And you are vehemently opposed to what two adults consentually agree to engage in based on the rules of the marketplace??? Then all diamond and flower stores should be immediately closed down and banned by our government!!! hah!
uhhh what
brain guy,
You’d have to have a history of having a girlfriend to understand the meaning of my post. Sorry. Someday your ship will come into port, buddy. Hang in there!
The illegal mexicans are growing the stuff in our national forests and causing wildfire in the interim, thus resulting in hundreds of million of dollars, beautiful trees and wildlife destroyed. The Santa Barbara wildfire was proof of this! All for protecting the allmighty weed! If pot were legal this stuff wouldn’t happen. The illegal mexicans couldn’t make money off of it and (hopefully) would go back to their country of origin. You dinosaurs out there are part of the problem. A big part.
Prostitution is legal in some parts of the country.
Then leave!
GetReal: If two consenting adults agree to have sex, and one adult agrees to pay the other in order to do so, what business is it of yours? As long as their not walking the streets or doing it in public.
Who are you to judge who needs it?
What are your med/psych qualifications?
I agree that the federal government should stay out of states laws and in the vein I applaud the decision.
That being said, federal laws supersede state laws when they conflict (Article VI clause 2 of our ruling document.) Therefore the federal government has an OBLIGATION to uphold the law.
The federal government should either enforce the law or change it, period. The administration backing down on its obligations is just another example of how inept this administration is.
potheads and their dealers (includes unlicensed dispensaries, or those who charge more than the alotted dollar amount per dose) more than enough freedom as it is. a little fear goes a long way.
anyone getting arrested for carrying pot these days or any related charges must be a real prize, it’s already been pretty hard if you really think about it.
Just look at all those currently incarcerated or awaiting trial for marijuana possesion. Not only is this a waste of resources, these folks could be out working and paying taxes instead.
The current system, if vewed on the basis of cost/benefit, is an abject failure.
you seem to think if we let people out they automatically become productive, upstanding members of society. oh really. is that the reason 50% of Americans pay 99% of the taxes??
let people get out for good behavior… no rush.
Um, do you realize how many successful people smoke weed? Stephen King, Richard Branson, Rick Steves, etc etc. And these are just the recreational smokers. What about the people with MS and other illnesses that don’t want to be doped up beyond belief on pills? A bit of marijuana is nothing compared to many pills that Big Pharm pushes on them.
I voted for medical marijuana and think it is a good thing. However, ANYONE can go the “weed” doctor here in lake forest, claim to have anxiety or back pain, pay $180 and get a weed card. It is NOT being regulated by the state.
oh it is being “regulated”… it’s just comical how easy it is.
Lying to your doctor to get what you want has been going on longer than medical marijuana has been legal.
People have prescriptions for Valium, Xanax, Viagra….do you need any more examples?
Well, crippling anxiety and extreme panic disorder can be helped by medical marijuana, of the correct strain, of course. (others make it much worse) It is a legitimate health issue. We are not talking normal jitters. There are people whose anxiety makes them shut-ins, and honestly, medical marijuana helps more than Xanax in some cases. (and isn’t as addictive as those horrible benzos)
I believe illegal drugs should be legalized, regulated and taxed. The war on drugs is an abject failure and has cultivated an international underground economy. Opium funds the Taliban. Cocaine funds the Columbian cartels. Both fund gangs in LA.
It is easier for a minor to buy pot or cocaine than it is to get a bottle of Jack Daniels.
STATES RIGHTS!
I am sick of the Federal Govt. sticking their nose where it doesn’t belong.
If I had an illness that required the use of pain killers (like the toxic one’s pushed by big pharma and are highly addictive) I would absolutely want the option to buy EDIBLE marijuana and use it without the fear of a raid by the Federal Govt.
So many seniors and terminally ill patients benefit from it’s natural pain killing properties with the added bonus of stimulating the appetite. How many big pharma pain killers do that?
legalize and tax it. Less money to the crime cartels.
Very good call. I am impressed. Let’s see if they follow up with it, though. Lol, for the “morality police” who hate this, deal…we voted it into law, and it may even be legalized period next year.
Decriminalization of ALL drugs in Portugal resulted in LESS overall drug use.
http://www.time.com/time/health/article/0,8599,1893946,00.html
The statement above would be in contrast to opinions expressed by many. An example would be Rep. Lamar Smith, of Texas. who views it as a tactical retreat in the fight against Mexican drug cartels. Smith said, “We cannot hope to eradicate the drug trade if we do not first address the cash cow for most drug trafficking organizations — marijuana,” said Rep. Lamar Smith of Texas, the top Republican on the House Judiciary Committee.”
Rep. Smith fails to understand the supply and demand. Allowing citizens to cultivate their own would drive the ‘black market’ pot prices to near zero for the cartels. Why would you pay $400 an ounce when you could grow it for near nothing? Hence, the argument like Rep. Smith’s is ludicrous. It shows the ignorance of the anti-marijuana foes.
The ‘Reefer Madness’ demagogues continue to try and scare the populace with tired old arguments that are false in light of the facts as demonstrated recently in Portugal. “Judging by every metric, decriminalization in Portugal has been a resounding success,” says Glenn Greenwald, an attorney, author and fluent Portuguese speaker, who conducted the research. “It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does.”
Mike, don’t talk common sense to them. They’ll have none of it. They want to perpetuate the drug war which we actually lost over 30 years ago. But it is a huge money maker for the justice system. Literally millions of jobs depend on criminalization of drugs. Yet if someone wants to take drugs there’s nothing you can do to stop them! Nothing. Infact, I understand that inmates in prison can buy drugs in prison at market prices!!! hah!! What does that tell you?? They can’t even keep the stuff out of the prisons!!! Supply is as high as it is on the street!!! HAH!
At a recent visit to First American Title, they had newspapers in the lobby from the late 1800’s San Francisco. While I was waiting for my meeting, I thumbed through it. I came across an ad from the 1800s offering detox treatment for opium for $5 (a lot of money back then!), and $10 for treatment for other forms of ingestion than smoking. I have no moral to the story, just that i found it interesting that we had problems with opiate addiction way back then and still do.
I can certainly see the trafficking of drugs being something arguably criminal in nature, but maybe it’s time we change the the way we address addicts. The H&S Code allows for civil commitments for a variety of reasons, including if you are a risk to your own health or others. An addict would still be locked up, but for treatment / detox instead of criminal warehousing.
I see pot as more of an alcohol type class. They have medicinal uses, but show greater potential for recreational use and enjoyment.
??????????????Why do they call it dope??????????????????????
Because the ones keeping it illegal are actually feeding the cartels! That’s why they call it ‘dope’!!!
Because the illegal mexicans are growing it in OUR national forests (ie, Santa Barbara) and burning them down!!! And the ones who keep it illegal are encouraging that behavior!!!
That’s why they call it ‘dope’. It’s all about the dopes who keep the cartels in business!!!
But since the illegal mexicans made it past the San Ysidro border crossing into the interior part of Calfornia they become a protected species. HAH! It is almost a ‘hate crime’ to catch them and send them back home!! HAH! Those are the way the rules are set up. They can even grow marijuana in OUR national forests and nothing is done. We can’t even fly over OUR national forests with surveillance helicopters and scope them out. The glorified lawyers in the black robes said it was ‘unconstitutional’. HAH!
What a nutty society we’ve become!!!
ocobserver, you are more corret than you know. Marijuana was made illegal as a vehicle to stem illegal immigration.
Alterego,
If weed was made illegal to stem illegal immigration it is one of the biggest failed policies in american history.
I don’t buy it, Alterego.
I believe that it’s illegal status has alot to do with powerful people who rake in billions of dollars in the illegal marijuana trade. And, plus, it fuels the american justice system and maintains thousands of jobs. Crime is money. Crime is power. Crime is control.
That’s what I think.
ocobserver: In 1973, I wrote a college term paper on the “Legalization of Marijuana”. It was a popular topic of the time. I got an A and it saved my B for the semester. Follow the history of how pot became illegal. One primary impetus for enacting the law in the was the usage by Mexican illegal immigrants. No kidding, its true.
observer, I forgot to write, I also agree with your statements. Yes, there are powerfull people making loads of cash on a weed that should have a commodity price of $1.50 per ounce.
Looks to me like most of the posters here today need to take a little hit (for medical purposes of course) and mellow out. My only concern is that we (CA) make money off this to help with the budget deficit. Other than that, smoke your little lungs out! $$$$$$$$$$$$
And, ocobs, you have no idea what a pain in the butt those $100.00 marijuana tickets were to deal with unless they were on probqation or parole for a more serious crime. It was easier having them flush it or destroying it. Sure saved all a whole bunch of time in ther court system and money.
Weed here isn’t 1/5 as potent as the stuff back home in Nederlands. I say we overhaul the system here and streamline it like we did there. THAT would be more effective as a “health care reform”
i say a joint a day, EVERY day at noon, with a cup of tea, and America would be a lot more stress free, and probably more prosperous too.
Good tolkin’ to you Yodolf!