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 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to Mark Crispin Miller's "News From Underground" newsgroup. 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