New medical marijuana policy issued

[samanthajane13]

By DEVLIN BARRETT, Associated Press Writer Devlin Barrett, Associated Press Writer – 53 mins ago

WASHINGTON – The Obama administration will not seek to arrest medical 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 the FBI 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/


http://news.yahoo.com/s/ap/20091019/ap_on_go_ca_st_pe/us_medical_marijuana;_ylt=AuOAxTwrZY3pqSqZf.jyYF1H 2ocA;_ylu=X3oDMTJuaWdhYWIwBGFzc2V0A2FwLzIwMDkxMDE5 L3VzX21lZGljYWxfbWFyaWp1YW5hBGNwb3MDMwRwb3MDMwRzZW MDeW5fdG9wX3N0b3JpZXMEc2xrA25ld21lZGljYWxtYQ--

[samanthajane13]

LA's top prosecutor vows to target pot shops

By GREG RISLING, Associated Press Writer Greg Risling, Associated Press Writer – Mon Oct 19, 6:42 am ET

LOS ANGELES – Clay Tepel knew there were risks to setting up a medical marijuana shop: it could lose money, be robbed or be raided by authorities.

Still, he wasn't expecting the phone call one August day when a voice said the police were outside and he needed to open up or they would bust down the door. His first thought that it was a joke turned to terror when he opened the door.

Heavily armed officers in helmets, bulletproof vests and, oddly enough, Bermuda shorts stormed his store, handcuffed him, disabled security cameras and seized his drugs before taking him to jail. When he asked why his shop was invaded, an officer responded, "We're closing them all down."

Those words could prove prescient after Los Angeles County District Attorney Steve Cooley said last week he wants to shutter clinics that sell pot for profit. Cooley's plan is the latest salvo in a prolonged conflict in California over whether medical marijuana is truly having its intended effect or is being abused by the larger population.

Until recently, raids on clinics typically led to federal prosecutions, but Cooley's remarks and similar ones from Attorney General Jerry Brown signal a new approach to clear the haze left by Proposition 215, the 1996 state ballot measure that allowed sick people with referrals from doctors and an identification card to smoke pot.

"Everybody is scared," said Tepel, who has spoken with other pot store operators. "Why are voters' rights being stepped all over? This kind of blind justice has to stop."

The crackdown is a crushing blow for dispensary owners who were relieved in March when U.S. Attorney General Eric Holder said federal agents would only target marijuana distributors who violate both federal and state laws.

A three-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in 14 states, and also to top officials at the FBI and Drug Enforcement Administration. Under federal law, marijuana is illegal.

The comments Holder made earlier this year appear to have emboldened entrepreneurs as marijuana shops cropped up across California. In Los Angeles alone, there are an estimated 800 dispensaries, more than any other city in the nation. In 2005, there were only four, authorities said.

Cooley contends a vast majority of several hundred outlets his office investigated aren't following state law. Initially, the law allowed authorized marijuana users to grow their own plants, but lawmakers revised the law in 2003 to allow collectives to provide pot grown by members.

Cooley said he would target stores who are profiting and selling to people who don't qualify for medicinal marijuana.

"All those who are operating illegally, our advice to them is to shut down voluntarily and they won't be subject to prosecution," Cooley told The Associated Press on Wednesday.

At the same time, advocates are gathering signatures to get as many as three pot-legalization measures on next year's ballot in California. One poll shows voters would support legalizing marijuana outright. Thirteen states, including California, allow medical marijuana.

Cooley said his office has been assessing the rush of marijuana dispensaries for the past two years and has provided training for his staff over the past several months in anticipation of filing cases.

"Holder's statement probably created the impression that there wasn't going to be any federal investigation or prosecution of these entities," Cooley said. "There has to be some clarification."

Some legal observers believe the first case Cooley files since his announcement will show how egregious the illegal behavior has become among medical marijuana outlets.

"He's going to find a dispensary that is way over the line," said Rory Little, a professor at the University of California Hastings College of Law.

Among the candidates are Jeffrey Joseph, who runs Organica and was arrested in August but has yet to be charged. Authorities recovered 452 marijuana plants, more than 100 pounds of hashish and more than $100,000 in cash from his home and dispensaries in Marina del Rey and Culver City.

Defense attorney William Kroger said authorities fail to account for expenses and other costs dispensary owners incur and the proliferation of new rivals has hurt business.

"Most of my clients aren't making a lot of money," said Kroger, who represents about a dozen other owners. "I'd like to see Cooley sit down with us and keep shops open for those who need it and thin out the herd so there aren't so many of them."

James Shaw of the Union of Medical Marijuana Patients, an advocacy group for users, said his group plans to file a lawsuit against the city and county of Los Angeles to prohibit prosecution of legal organizations.

While the definition of a compliant dispensary is open to interpretation, Shaw said it's up to local municipalities to determine what matches up best with state law.

"Wherever there are regulations, there is less need for law enforcement intervention," Shaw said.

Nowhere is the topic more muddled than in Los Angeles, where city officials say plenty of people are getting high for the wrong reasons.

While the city has had a moratorium prohibiting new medical marijuana facilities for two years, officials have been unable to pass an ordinance governing the dispensaries. More than 180 dispensaries qualified to remain open under the moratorium, but many others took advantage of a loophole known as a "hardship exemption" that allowed them to open while awaiting city approval.

Tepel, a married father of four, agrees some pot clinics abuse the system but he maintains he had all the proper paperwork and followed the rules. If police had thoroughly investigated, they would have found most of his customers were either older or female, as opposed to younger men, and many grew their own marijuana and sold the drug to Tepel as allowed by the state.

After investing tens of thousands of dollars, Tepel argued it will take years to recoup his investment.

Tepel believes his shop in a strip mall with tinted black windows was targeted because it was on a busy street and not "in the hood or in a back alley."

"We're not tatted-up drug dealers. This is a family run operation," said Tepel, who is scheduled to be arraigned Monday on one count of felony possession of marijuana with the intent to sell. "I don't want to do anything to jeopardize my future, my family's future. We didn't deserve this."


http://news.yahoo.com/s/ap/20091019/ap_on_re_us/us_medical_marijuana_california

[samanthajane13]

Feds to stop prosecuting medical marijuana users
By DEVLIN BARRETT, Associated Press Writer Devlin Barrett, Associated Press Writer – 30 mins ago

WASHINGTON – Pot-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in states that allow medical marijuana, prosecutors were told Monday in a new policy memo issued by the Justice Department.

Under the policy spelled out in a three-page legal memo, federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

The guidelines issued by the department do, however, make it clear that federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes.

The memo advises prosecutors they "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."

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.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Attorney General Eric Holder said in a statement.

By the government's count, 14 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. Some medical marijuana advocates say Maryland shouldn't be included in that group, because the law there only allows for reduced penalties for medical marijuana usage.

California stands out among those for the widespread presence of dispensaries — businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.

Advocates say marijuana is effective in treating chronic pain and nausea, among other ailments.

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.

The memo spelling out the policy was sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and Drug Enforcement Administration.

The memo written by Deputy Attorney General David Ogden 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.

"This is a major step forward," said Bruce Mirken, communications director for the Marijuana Policy Project. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."

The change has critics, including lawmakers who see it as a tactical retreat in the fight against Mexican drug cartels.

"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.

Administration officials said the government will still prosecute those who use medical marijuana as a cover for other illegal activity.

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 involvement in 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.

___

On the Net:

Justice Department memo on medical marijuana: http://blogs.usdoj.gov/blog/archives/192

Drug Enforcement Administration: http://www.usdoj.gov/dea/

Marijuana Policy Project: http://www.mpp.org/


http://news.yahoo.com/s/ap/20091019/ap_on_re_us/us_medical_marijuana;_ylt=AguytcTxBlP83xUrZflp9bnM 9bQF;_ylu=X3oDMTJuaTAzdWZkBGFzc2V0A2FwLzIwMDkxMDE5 L3VzX21lZGljYWxfbWFyaWp1YW5hBGNwb3MDNARwb3MDNARzZW MDeW5fdG9wX3N0b3JpZXMEc2xrA2ZlZHN0b3N0b3Bwcg--


FINALLY!!!

Now people who NEED marijuana don't have to fear arrest!!!

[Marian Paroo]

People who are in pain deserve a break.

[samanthajane13]

Pot advocates: Looser guidelines leave questions
By MARCUS WOHLSEN and LISA LEFF, Associated Press Writer Marcus Wohlsen And Lisa Leff, Associated Press Writer – Tue Oct 20, 12:52 am ET

SAN FRANCISCO – A new Obama administration policy loosening guidelines on federal prosecution of medical marijuana on Monday signaled to users that they had less to fear from federal agents but still left their suppliers to contend with a tangled mesh of state laws and regulations.

The Justice Department told federal prosecutors that targeting people who use or provide medical marijuana in strict compliance with state laws was not a good use of their time.

Marijuana advocates and patients called the memo an encouraging step forward from the strict anti-pot policies of the Bush administration. But many worried that the web of laws in the 14 states that allow medical marijuana use could still leave medical marijuana providers vulnerable to prosecution.

"Now we've got to figure out what these words actually mean," said Wayne Justmann, a longtime pro-pot activist in San Francisco who campaigned for the 1996 ballot measure that made California the first state to legalize medical marijuana.

The state stands out for the inconsistent enforcement of medical marijuana laws. There are as many as 800 storefront pot shops in Los Angeles just as some dispensary owners are starting decades-long sentences in federal prison. Some cities are trying to clamp down on medical marijuana, while others offer permits and collect taxes on dispensaries just like any other small business.

The confusion makes some medical marijuana backers skeptical that anyone can feel secure they are clearly in compliance with state law and safe from federal prosecution.

"There's just too much disagreement about what the law is," said Dale Gieringer, director of the California chapter of The National Organization for the Reform of Marijuana Laws. "The legality of almost anything is in doubt in California when it comes to dispensaries."

On Monday, for example, a state judge temporarily barred Los Angeles from enforcing a ban on medical marijuana clinics, ruling that the City Council failed to follow state law.

California also stands alone for the widespread presence of storefront dispensaries, but places to legally obtain pot are starting to sprout in other states. Colorado also has dispensaries, and Rhode Island and New Mexico are in the process of licensing providers.

Marijuana is effective in treating chronic pain and nausea, among other ailments, advocates say. In the past, federal agents have focused on busting dispensaries they said were using medical marijuana as a front for traditional drug-dealing and earning millions in the process. The Justice Department's latest memo suggests that approach will continue.

"We will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Attorney General Eric Holder said in a statement.

The Justice Department memo emphasizes that prosecutors have wide discretion in choosing which cases to pursue. 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 involvement in other crimes.

The states that allow some use of marijuana for medical purposes are Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington, by the government's count.

But who exactly determines what compliance at the state level means is still a contentious question. California, for example, does not have an agency similar to its department of Alcoholic Beverage Control that focuses on marijuana. As a result, it has been up to the courts, city governments and local law enforcement to determine who is following the state law and who is not.

On Oct. 9, attorneys for the city of Fresno, Calif., obtained a restraining order to force the closure of nine pot clubs for violating zoning laws that require them to comply with both state and federal laws, an essentially impossible requirement since the U.S. government classifies pot as an illegal narcotic.

Assistant City Attorney Doug Sloan said the Justice memo would not inhibit Fresno's ongoing effort to keep out medical marijuana dispensaries.

"The memo expressly says this doesn't legalize marijuana," Sloan said. "Until federal law changes, and right now marijuana is a Class 1 controlled substance, it will still be prohibited."

In Colorado, where voters allowed the use of small amounts of marijuana for medical reasons, there are no statewide rules regulating the increasing numbers of dispensaries and cities have taken to regulating them on their own. For the new federal policy to have any effect, lawmakers need to create the regulations, Colorado Attorney General John Suthers said.

Patrons at a dispensary in San Francisco said they hoped the new policy would lift the stigma surrounding pot.

But they refused to give their names, saying they would not trust the federal government until marijuana was made completely legal.

___

Associated Press writers Greg Risling in Los Angeles, Tim Korte in Albuquerque and Devlin Barrett in Washington contributed to this report.

___

On the Net:

Justice Department memo on medical marijuana: http://blogs.usdoj.gov/blog/archives/192

Drug Enforcement Administration: http://www.usdoj.gov/dea/


http://news.yahoo.com/s/ap/20091020/ap_on_re_us/us_medical_marijuana

[BeastofBears]

I'm one of the Californians who voted yes and am totally in favor of medical marijuana being legal and the feds butting out of our business.

But...just know this isn't exactly being dispensed out of pharmacies. These pot shops need a LOT more regulation!!!!! Crime vortexes, people who shouldn't qualify getting it...When I voted for this, I thought it would be from pharmacies or some form of formal method...but these are literally head shops. And the clients are getting robbed all the time. chaos. imo.

[samanthajane13]

I agree that they need to be better regulated.

I wish they'd just decriminalize marijuana.

It's a shame that so many people are in prison for possession of something that really not much worse than alcohol.

I can see where they should be charged if they drive while impaired.

[BeastofBears]

I agree that they need to be better regulated.

I wish they'd just decriminalize marijuana.

It's a shame that so many people are in prison for possession of something that really not much worse than alcohol.

I can see where they should be charged if they drive while impaired.

I basically agree. It's not worse than alcohol and should be on the same level. It's not better, though, either. Just like alcohol, some folks are really susceptible to addiction to it and make real bad choices about, say, driving etc. And the smoke is probably more hazardous than cigarette smoke, so it should be no less regulated than cigarette smoking (which in California is basically, no smoking where people are). But I don't like a nanny state, so I think the government should back off and let people make their own mistakes on this. Harder drugs, especially that are imported, leading to international crime, no. just imo...

[samanthajane13]

Medical marijuana shops abound in California
By MARCUS WOHLSEN and GREG RISLING, Associated Press Writers Marcus Wohlsen And Greg Risling, Associated Press Writers – 34 mins ago

SEBASTOPOL, Calif. – The medical marijuana dispensary in this California wine country town is in a former auto dealership, and has more registered patients than the town has residents. Los Angeles has more pot shops than Starbucks or schools.

The surge in medical marijuana in California has left many communities scrambling to regulate the free-for-all, while others are trying to ban the drug altogether. The issue took on greater urgency after the Obama administration announced looser federal marijuana guidelines last month.

Some local governments are looking to take an approach similar to Sebastopol, where officials welcome the business as a strong source of tax revenue during the recession.

The Peace in Medicine marijuana dispensary is a clean, modern operation and could easily be mistaken for a doctor's office, if not for the three security guards and overwhelming skunky smell of pot.

"I guess I had my prejudices that it was going to have bars on the windows and be something very obvious and unappealing to the public," longtime city councilman Larry Robinson said.

Now the dispensary is about to open a second location, next to a Starbucks.

"I'm the luckiest guy in the world to be leading this thing," said Peace in Medicine's operator, Robert Jacob.

In Los Angeles — the marijuana dispensary capital of the country — about 800 dispensaries are estimated to have opened despite a 2007 order halting new pot operations.

The explosion is blamed on a loophole in the City Council's moratorium. Final regulations are still not in place.

The struggle is blamed on the vagueness of the ballot initiative that California voters passed in 1996 legalizing medical use of the drug. The measure makes no mention of how or where the drug can be sold.

"I think Los Angeles has made this more difficult by not having acted sooner," said Joe Elford, chief counsel for Americans for Safe Access, a pro-medical marijuana group. "There has been pressure for a long time on the City Council to do something."

Federal crackdowns followed the 1996 vote, and fear of prosecution kept pot storefronts out of many areas. But looser federal guidelines, first signaled by Attorney General Eric Holder in February and further outlined in an October memo, have emboldened would-be dispensary operators. The new guidelines simply instruct federal prosecutors to avoid prosecution when dispensaries comply with state medical marijuana laws.

Sacramento is looking to other pot-tolerant cities such as San Francisco, Oakland and Malibu for insight into keeping medical marijuana available but in check.

Most of the state capital's 39 registered dispensaries opened this year before the city passed an emergency moratorium in June.

"They're seeing a little bit of leniency in the federal government that they haven't seen before," said Michelle Heppner, who is leading the city's effort to regulate dispensaries. "They're seeing this as a perfect time in their movement to progress."

One key for cities is finding a way to ensure dispensaries truly operate as nonprofits as called for by state Attorney General Jerry Brown.

Officials in Fresno have decided the best way to avoid problems with dispensaries is to not have any. In 2006, the City Council passed a zoning ordinance requiring any pot dispensaries to comply with both state and federal law, and the U.S. government still bans the drug outright.

A state judge last month sided against nine Fresno dispensaries that opened this year, upholding the zoning ordinance that forbids them and ordering them to close.

Smaller cities are also turning to zoning laws. In Claremont, a college town about 30 miles east of Los Angeles, Darrell Kruse sought to open a dispensary in mid-2006 but the zoning code did not permit them.

Kruse opened Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS) anyway. Several months later, he was convicted of operating without a business license and fined. A state court rejected his appeal.

___

Greg Risling reported from Los Angeles. Associated Press writer Tracie Cone in Fresno contributed to this report.


http://news.yahoo.com/s/ap/20091105/ap_on_re_us/us_marijuana_everywhere