The following pieces were compiled by Ana Renee Jones:

Attorney general signals shift in marijuana policy

By DEVLIN BARRETT

Wednesday, March 18, 2009

(03-18) 18:16 PDT WASHINGTON (AP) --

http://www.wtop.com/?nid=116&sid=1627523

Attorney General Eric Holder signaled a change on medical marijuana 
policy Wednesday, saying federal agents will target marijuana 
distributors only when they violate both federal and state law. That 
would be a departure from the policy of the Bush administration, 
which targeted medical marijuana dispensaries in California even if 
they complied with that state's law.

"The policy is to go after those people who violate both federal and 
state law," Holder said in a question-and-answer session with 
reporters at the Justice Department.

Medical marijuana advocates in California welcomed the news, but said 
they still worried about the pending cases of those already in court 
on drug charges.

California law permits the sale of marijuana for medical purposes, 
though it still is against federal law.

Holder did not spell out exactly who no longer would face the 
prospect of raids by the Drug Enforcement Administration. But he was 
quick to add that law enforcement officers will target anyone who 
tries to "use medical marijuana laws as a shield" for other illegal 
activity.

"Given the limited resources that we have, our focus will be on 
people, organizations that are growing, cultivating substantial 
amounts of marijuana and doing so in a way that's inconsistent with 
federal and state law," the attorney general said.

Advocates and government officials had been waiting since President 
Barack Obama was sworn into office for a clear signal on what the new 
president's drug policy would be toward medical marijuana. As a 
candidate, he repeatedly promised a change in policy in situations in 
which state laws allow the use of medical marijuana.

Yet shortly after Obama took office, DEA agents raided four 
dispensaries in Los Angeles, prompting confusion about the 
government's plans.

Thirteen states have laws permitting medicinal use of marijuana. 
California is unique among them for the presence of dispensaries, 
which are businesses that sell marijuana and even advertise their 
services. Legal under California law, such dispensaries are still 
illegal under federal law.

Kris Hermes, a spokesman for national medical marijuana advocacy 
group Americans for Safe Access, said he welcomed Holder's 
perspective.

"It signals a new direction and a more reasonable and sensible 
direction on medical marijuana policy," he said.

Still, Hermes said his Oakland-based organization was concerned about 
the fate of more than two dozen California medical marijuana cases 
currently pending in federal court.

"There remains a big question as to what the federal government's 
position is on those cases," Hermes said. He pointed specifically to 
the case of Charles Lynch, who was federally convicted for running a 
medical marijuana dispensary collective in San Luis Obispo County 
last year.

Hermes said Lynch could face decades in prison when he is sentenced 
Monday even though his clinic had been compliant with state law.

According to the government's sentencing recommendation for Lynch, 
which says the five-year mandatory minimum prison term is an 
appropriate one, Lynch had violated California state law because his 
"operation was rife with activities having more to do with business 
and casual drug distribution than anything medical."

U.S. attorney's office spokesman Thom Mrozek declined to comment on 
what would happen to the outstanding marijuana cases in the Los 
Angeles area.

___

Associated Press writer Thomas Watkins in Los Angeles contributed to 
this report.

Also:

<http://www.youtube.com/watch?v=-Cist_J_KoI>Watch Al Roker Reports: 
Marijuana, Inc

<http://www.youtube.com/watch?v=-Cist_J_KoI>Featuring Charles C. Lynch

<http://www.youtube.com/watch?v=-Cist_J_KoI>
<http://www.youtube.com/watch?v=-Cist_J_KoI>http://www.youtube.com/watch?v=-Cist_J_KoI

Al Roker for MSNBC aired a special documentary with guest Charles C. 
Lynch, former medical marijuana provider, on Sunday March 15, 2009

Also:

<http://www.youtube.com/watch?v=L9-09sWCdlY>ABC News 20/20 With John 
Stossel on "Medical Marijuana" and Charles C. Lynch

<http://www.youtube.com/watch?v=L9-09sWCdlY>Watch the Video





<> <http://goog_1237069214248/>
<http://www.youtube.com/watch?v=L9-09sWCdlY>http://www.youtube.com/watch?v=L9-09sWCdlY
John Stossel of ABC News 20/20 in collaboration with Drew Carey's 
Reason TV air documentary with guests Melissa Etheridge and Charles 
C. Lynch on Friday March 13, 2009.

<http://abcnews.go.com/video/playerIndex?id=7067358>

Also:

The L.A. Times covers Charles C. Lynch's stories and it relevance to 
current Federal events:

<http://www.latimes.com/news/local/la-me-medpot7-2009mar07,0,5710770.story> 
 
 
                                <http://www.latimes.com/>


<http://goog_1237305163005/>Ban on medical pot cases quickly lifted

<http://www.latimes.com/news/local/la-me-medpot7-2009mar07,0,5710770.story>L.A.'s
 
U.S. attorney declines to say why he ordered prosecutors to stop 
filing charges, then abruptly changed his mind.

By Scott Glover

The U.S. attorney in Los Angeles sent a confidential memo to 
prosecutors last week ordering them to stop filing charges against 
medical marijuana dispensaries, then abruptly lifted the ban on 
Friday, according to sources familiar with the developments.

U.S. Atty. Thomas P. O'Brien declined comment on what prompted him to 
issue the directive or to later rescind it.

O'Brien's decision to temporarily halt the prosecutions came two days 
after remarks by Atty. Gen. Eric Holder, who seemed to imply at a 
Washington, D.C., press conference that medical marijuana 
prosecutions would not be a priority for the Justice Department under 
President Obama.

A Justice Department official said Friday that the attorney general 
did not direct O'Brien or any other U.S. attorney to alter policies 
regarding the prosecution of such cases.

O'Brien's initial order was delivered in a memo by Christine Ewell, 
head of the U.S. attorney's criminal division, according to three 
sources who read the document, which was distributed by e-mail on 
Feb. 27.

In addition to being told to stop filing new cases, prosecutors were 
instructed to refrain from issuing subpoenas or applying for search 
warrants in pending cases, said the sources, who requested anonymity 
because they were not authorized to speak publicly about the matter. 
In fact, a few hours after the memo was circulated, Ewell sent out 
another e-mail admonishing prosecutors not to discuss the contents of 
the memo with anyone outside the U.S. attorney's office, the sources 
said.

Another e-mail came out Friday instructing prosecutors to resume work 
on medical marijuana cases. Despite the reversal, news of the 
temporary ban is likely to spark interest amid the ongoing national 
debate over medical marijuana. Thirteen states, including California, 
allow for the cultivation, use and sale of doctor-prescribed medical 
marijuana under certain conditions, according to the Marijuana Policy 
Project, an organization that supports the legalization of the drug. 
Federal law, which trumps those of the states, bans the drug 
altogether.

As a result, operators of dispensaries in California and elsewhere 
who maintain they were operating under state law have been raided by 
the Drug Enforcement Administration and charged under federal drug 
laws.

Such prosecutions have been controversial, with patients and 
supporters of the dispensaries complaining that operators embraced by 
their own communities were unfairly targeted. Thom Mrozek, a 
spokesman for O'Brien, has said that prosecutors target people they 
consider egregious offenders, such as those accused of selling drugs 
to minors or proprietors with past drug convictions.

One high-profile case went to trial in U.S. District Court in Los 
Angeles last summer. Charles Lynch, who sought and received the 
blessing of elected officials in Morro Bay before opening a 
dispensary in that Central Coast community in 2006, was charged with 
distributing more than 100 kilos of marijuana.

At trial, prosecutors portrayed Lynch, 47, as a common drug dealer 
who sold dope to minors and toted around a backpack stuffed with cash.

Lynch and his lawyers hoped to mount a defense based on the assertion 
that he was providing a legitimate service to cancer patients and 
other severely ill people. But they were limited in doing so because 
the U.S. Supreme Court has concluded that because federal law trumps 
those of the states, why drugs are being distributed is irrelevant.

Jurors convicted Lynch on five counts, but the jury forewoman said it 
was not easy to do so. "We all felt Mr. Lynch intended well," Kitty 
Meese said after the verdict in August. "It was a tough decision for 
all of us because the state law and the federal law are at odds."

Lynch, who is to be sentenced later this month, is facing a mandatory 
minimum of five years in federal prison. His case has become 
something of cause celebre among medical marijuana advocates.

Holder was asked about medical marijuana at a Feb. 25 press 
conference after the arrests of more than 50 alleged members of 
Mexico's Sinaloa drug cartel. Specifically, he was asked whether the 
DEA would continue raiding medical marijuana dispensaries under 
Obama's administration. He did not answer the question directly but 
said: "What the President said during [the] campaign . . . is now 
American policy."

Obama was asked about the topic numerous times during the campaign 
and responded with varying levels of specificity. Generally speaking, 
the campaign's position was that DEA raids would not be a high 
priority in states with their own medical marijuana laws on the books.

"The president believes that federal resources should not be used to 
circumvent state laws, and as he continues to appoint senior 
leadership to fill out the ranks of the federal government, he 
expects them to review their policies with that in mind," Nick 
Shapiro, a White House spokesman, told the Washington Times last 
month. Shapiro declined to elaborate on Friday.

Alex Capron, a professor of law and medicine at USC, said the debate 
about medical marijuana centers on whether the drug is viewed 
exclusively as an illegal narcotic or a drug that also has legitimate 
medical applications.

"It has become a highly politicized issue as to whether it is 
something that is part of the doctor-patient relationship or 
something where the authorities have an obligation to protect the 
community from a dangerous drug," Capron said.

He added that he wasn't surprised that O'Brien would want to 
deliberate over his office's policy on such a matter in private.

"On the one hand, there's a very vocal constituency that wants this 
treated like a medical issue. On the other, there's a very vocal 
constituency that regards allowing medical marijuana treatment as a 
very slippery slope toward the legalization of drugs. He doesn't want 
to look like he's abandoning his commitment to law enforcement," 
Capron said.

<mailto:[email protected]>[email protected]



--
Cheryl Aichele
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