The Justice Department announced new guidelines for medical marijuana use and dispensaries today that directs federal law enforcement officials to reallocate their resources away from federal prosecution of medical marijuana users and dispensaries in states that have “legalized” medical marijuana. The Justice Department will continue their pursuit of serious drug traffickers and those engaged in violence, money laundering , sales to minors and in the unlawful use of firearms. They will also pursue those attempting to use the distribution of medical marijuana as a cover for illegal use or trafficking.
A number of state laws such as those of Colorado, authorize the use of medical marijuana in the State, but provide little or no guidelines for the production or dispensing of the drug, leaving many MMEntrepreneurs up in the air as to how to protect themselves from federal prosecution despite the state authorization. Recent prosecutions in California have given rise to concerns about regulatory limbo for both patients and distributors.
Lamar Smith, (R. Tex.). the leading Republican member on the House Judiciary Committee was none to happy with Justice’s action.
"But we cannot hope to eradicate the drug trade if we do not first address the cash cow for most drug trafficking organizations -- marijuana, .. .Illegal marijuana sales in the U.S. help fund the illegal drug trade. By directing federal law enforcement officers to ignore federal drug laws, the administration is tacitly condoning the use of marijuana in the U.S. If we want to win the war on drugs, federal prosecutors have a responsibility to investigate and prosecute all medical marijuana dispensaries and not just those that are merely fronts for illegal marijuana distribution."
Seems like pulling resources away from prosecuting patients and legitimate growers and dispensers of medical marijuana would reduce the demand, lower the price, reduce violence and free up scarce federal resources for other purposes. Since winning the war on drugs is considerably less likely than winning the war in Afghanistan, this would appear to be a step in the right direction.
I think this is good news, now they can concentrate on major drug problems.
Posted by: Amy | October 20, 2009 at 04:03 PM
A step perhaps, but here is a better path:
Obama ignored my 3-31-09 letter to him suggesting that he legalize marijuana and all forms of hemp, taxing them to pay for the 47 million Americans without health insurance.
He should at least have Congress pass a law allowing individual states to do so, and to require, if they wish, that the plants be grown organically, using only power generated onsite, and perhaps using reclaimed water.
Posted by: Noel J. Hebets, Attorney | October 22, 2009 at 11:53 AM
Tell Lamar Smith that the easy fix for his problem is to for him to demonstrate that he has the testicular fortitude to lead Congress in changing the Federal Laws to respect the will of the sovereign states.
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