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veggie

Registered: 07/25/04
Posts: 17,504
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Administration Medical Marijuana Memo Causes Dismay, Anger
#14730083 - 07/07/11 07:34 AM (12 years, 7 months ago) |
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Administration Medical Marijuana Memo Causes Dismay, Anger July 6, 2011 - Drug War Chronicle
The medical marijuana movement is reeling after the Obama Justice Department released a memo last week declaring that it might prosecute large-scale medical marijuana cultivation operations and dispensaries even in states where they are operating in compliance with state laws. Advocates reacted with dismay and disappointment, even as they plotted strategies about what to do next.
The memo, written by US Deputy Attorney General James Cole, "clarifies" the October 2009 memo from then-Deputy Attorney General David Ogden that told federal prosecutors not to focus their resources on patients and providers in compliance with state laws. The earlier memo gave some substance to President Obama's campaign promise not to persecute medical marijuana patients and providers in states where it is legal.
But after the 2009 memo, federal officials watched aghast as a veritable medical marijuana cultivation and dispensary boom took off in places such as Colorado and Montana, where dispensaries went from near zero to hundreds of operations, and as localities in California began considering huge commercial grows. The Justice Department responded with increased federal raids -- now at twice the rate of the Bush administration, according to Americans for Safe Access, the nation's largest medical marijuana advocacy organization -- and earlier this year, sent threatening letters from US Attorneys to governors and legislators in states considering or implementing medical marijuana distribution programs.
Those letters "are entirely consistent with the October 2009 memorandum," Cole argued in last week's memo. "The Department of Justice is committed to the enforcement of the Controlled Substances Act in all states. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels," Cole continued.
Noting that "some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance," Cole reiterated the Ogden memo's message that "it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or their caregivers."
He then took care to narrowly define the term "caregiver," which is commonly applied to people growing medical marijuana for authorized patients. "The term 'caregiver' as used in the memorandum meant just that: individuals providing care to individuals with cancer or other serious illnesses, not commercial operations cultivating, selling or distributing marijuana."
Cole then went on to write that it is not the Obama administration's position that has changed, but facts on the ground. "There has, however, been an increase in the scope of commercial cultivation, sale, distribution and use of marijuana for purported medical purposes. For example, within the past 12 months, several jurisdictions have considered or enacted legislation to authorize multiple large-scale, privately-operated industrial marijuana cultivation centers. Some of these planned facilities have revenue projections of millions of dollars based on the planned cultivation of tens of thousands of cannabis plants," he wrote.
The 2009 memo "was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law," Cole continued. "Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law... Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws."
It didn't take long for the medical marijuana and drug reform movements to fire back. While some took small solace in the fact that patients are still protected from federal persecution, the dominant reaction was dismay and disgust.
"It is disingenuous of the Obama Administration to say it is not attacking patients while obstructing the implementation of local and state medical marijuana laws," said ASA executive director Steph Sherer. "The president is using intimidation tactics to stop elected officials from serving their constituents, thereby pushing patients into the illicit market."
"Well, this is disappointing," said Dale Gieringer, long-time head of California NORML. "It certainly conflicts with Obama's original implication that he would let the states take care of medical marijuana. Now, it's the same as Bush's policy. Even before this memo came out, people have been saying for a long time that with a raid here and a raid there, it seemed like no real change in federal policy, and now -- bingo -- it's confirmed."
The Cole memo "raises more questions than it answers," said Bill Piper, national affairs director for the Drug Policy Alliance. "The department’s 2009 Ogden memorandum established guidance that federal resources should not be employed to target medical marijuana patients and providers who are in 'clear and unambiguous compliance' with state-based medical marijuana laws. Last week's so-called clarification is in fact open to many interpretations and falls far short of the explanation of policy that state lawmakers, members of Congress and advocates sought."
While the Cole memo clearly states that large-scale commercial grows are now targeted, even if they are in compliance with state laws, Piper noted, it "does not provide guidance on what the federal government considers to be the line between small and large-scale production."
Piper pointed out that regardless of federal policy, states can still legalize marijuana for medicinal use. He also called out politicians who hide behind fears of the feds to stall or thwart medical marijuana programs and scoffed at the notion that state employees could be prosecuted for setting up registries or collecting medical marijuana taxes.
"State officials who await blanket federal endorsement of medical marijuana or blame the federal government for their own failure to act are compromising the health and well being of their citizens while failing to implement in good faith the laws of their state," he said. "With regard to concerns about prosecution of state employees, which some state policymakers have expressed, the federal government has never sought to prosecute any state employee for licensing or otherwise regulating medical marijuana providers. In fact, we know of no instance in recent times in which state officials were personally prosecuted for implementing any state law. It is something that is just not done."
For Gieringer and other medical marijuana advocates, the Obama administration's behavior on the issue has dried up any reservoirs of good will generated by his campaign promise and the Ogden memo. Now, the administration is in the movement's cross hairs.
"They want to put a stop to any large scale distribution of medical marijuana, but all they're doing is prolonging the conflict between federal law and reality," Gieringer said. "We have to put pressure on Obama. He's up for reelection; he owes us an explanation of his waffling on this issue, and certainly his failure to address rescheduling. The reform movement needs to press him on this and inject it into the campaign. Why has he ignored all the studies, why has he ignored the rescheduling petition, why does he persist in sending people to prison for medical marijuana crimes? If we can put him on the defensive during the campaign, we might get a concession."
"The Obama Administration missed a huge opportunity to ease the state/federal conflict over medical marijuana and pave the way for responsible regulation in 16 states and the District of Columbia, home to 90 million Americans," agreed Piper. "By issuing vague guidance, the Obama Administration is sowing confusion and doing voters, state policymakers, and medical marijuana patients a disservice. The administration needs to be clear in its support of responsible state and local regulations designed to make marijuana legally available to patients while enhancing public safety and health. If the federal government is unable to provide leadership in this area, then the very least it can do is get out of the way and allow citizens to determine the policies that best serve local interests."
But the administration has given no indication it is likely to do that. Relations between the medical marijuana movement and the Obama administration are starting to feel like the Cold War.
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LeftyBurnz
Mr. I Eat Butthole



Registered: 06/21/05
Posts: 24,570
Loc: FL
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: veggie]
#14730210 - 07/07/11 08:43 AM (12 years, 7 months ago) |
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surprise surprise. another administration going back on a promise.
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FestrunneR
Stranger


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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: LeftyBurnz]
#14730724 - 07/07/11 11:21 AM (12 years, 7 months ago) |
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Here's an idea. Perhaps every person who works at or for that matter buys at a mmj establishment should carry a gun. We became a free nation 200 years ago because there were people willing to stand up for their rights, and fight and die for them. Our president (who I personally think is the antichrist), along with the last one may as well have shredded our constitution into toilet paper to wipe their asses with. Marijuana is really just one example. My point is that it required bloodshed for us to become what was once a free nation and that some day enough of us are going to get pissed off enough that our greedy and oppressive government will once again fear its' people, not the other way around. If every Tom, Dick and Harry packed heat and every single one of these raids ended with wounded or dead civilians and law enforcement, I would venture to guess that our government would begin to have extreme difficulty further justifying their current policies, especially with the economy in the shape that it's in.
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ReposadoXochipilli
Here, there, inbetween



Registered: 08/30/05
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: FestrunneR]
#14730785 - 07/07/11 11:39 AM (12 years, 7 months ago) |
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Quote:
FestrunneR said: Here's an idea. Perhaps every person who works at or for that matter buys at a mmj establishment should carry a gun. We became a free nation 200 years ago because there were people willing to stand up for their rights, and fight and die for them. Our president (who I personally think is the antichrist), along with the last one may as well have shredded our constitution into toilet paper to wipe their asses with. Marijuana is really just one example. My point is that it required bloodshed for us to become what was once a free nation and that some day enough of us are going to get pissed off enough that our greedy and oppressive government will once again fear its' people, not the other way around. If every Tom, Dick and Harry packed heat and every single one of these raids ended with wounded or dead civilians and law enforcement, I would venture to guess that our government would begin to have extreme difficulty further justifying their current policies, especially with the economy in the shape that it's in.
no they would just bomb the dispensary's for being terrorist.
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ShroomyJohn
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Registered: 09/13/10
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: FestrunneR]
#14731711 - 07/07/11 03:09 PM (12 years, 7 months ago) |
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Quote:
FestrunneR said: Here's an idea. Perhaps every person who works at or for that matter buys at a mmj establishment should carry a gun. We became a free nation 200 years ago because there were people willing to stand up for their rights, and fight and die for them. Our president (who I personally think is the antichrist), along with the last one may as well have shredded our constitution into toilet paper to wipe their asses with. Marijuana is really just one example. My point is that it required bloodshed for us to become what was once a free nation and that some day enough of us are going to get pissed off enough that our greedy and oppressive government will once again fear its' people, not the other way around. If every Tom, Dick and Harry packed heat and every single one of these raids ended with wounded or dead civilians and law enforcement, I would venture to guess that our government would begin to have extreme difficulty further justifying their current policies, especially with the economy in the shape that it's in.
Lol, everybody knows bush was the Antichrist
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Sophistic Radiance
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Registered: 07/11/06
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: ShroomyJohn]
#14731796 - 07/07/11 03:30 PM (12 years, 7 months ago) |
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Dammit Obama 
I just hope he makes good if he gets reelected.
-------------------- Enlil said: You really are the worst kind of person.
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: Sophistic Radiance]
#14731841 - 07/07/11 03:39 PM (12 years, 7 months ago) |
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If those that licked his sphincter the last time, do so again... we'll be having the same conversations then, that we are having about him now.
The man is a sleazeball. Pure and simple.
Why anyone would vote for this putrid pusillanimous ass, is a mystery indeed.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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starfire_xes
I Am 'They'



Registered: 10/24/09
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: luvdemshrooms]
#14731991 - 07/07/11 04:08 PM (12 years, 7 months ago) |
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"By issuing vague guidance, the Obama Administration.."
This is the story of the Obama administration--issue vague guidance, turn it over to the control of un-elected beaurocrats so he doesn't have to take responsibility.
If there is ANYONE on shroomery who can still support this FUCKING CRETIN in the whitehouse, don't ever talk to me or respond to one of my threads. Because you are fucking brainwashed and you are not for liberty and free expression. I don't need to deal with brainwashed idealogues.
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IF THE NEIGHBORS COMPLAIN BECAUSE THE MUSIC'S TOO LOUD, TURN IT UP SO YOU CAN'T HEAR THEM BITCH
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demon6fire
Hello


Registered: 05/02/08
Posts: 364
Loc: IL
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: Sophistic Radiance]
#14732296 - 07/07/11 05:07 PM (12 years, 7 months ago) |
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Quote:
Tchan909 said: Dammit Obama 
I just hope he makes good if he gets reelected.
Fool me once...
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Sophistic Radiance
Free sVs!


Registered: 07/11/06
Posts: 43,135
Loc: Center of the Universe
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: demon6fire]
#14732775 - 07/07/11 06:56 PM (12 years, 7 months ago) |
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He's avoiding taking sides on the medical marijuana issue because it could easily come back to bite him in the ass when he runs for reelection. "Soft on crime," they'd call him. And that would actually fly with a huge part of the electorate.
Of course, I'd say he's soft on crime for standing by and doing nothing while these jackals persecute the innocent on his watch.
-------------------- Enlil said: You really are the worst kind of person.
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: Sophistic Radiance]
#14733371 - 07/07/11 08:42 PM (12 years, 7 months ago) |
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Quote:
Tchan909 said: He's avoiding taking sides on the medical marijuana issue because it could easily come back to bite him in the ass when he runs for reelection. "Soft on crime," they'd call him. And that would actually fly with a huge part of the electorate.
Of course, I'd say he's soft on crime for standing by and doing nothing while these jackals persecute the innocent on his watch.
Obama has no solid positions of his own. He bases them solely on: 1) What will make him more popular with voters (a political move) and, 2) What those behind the curtains tell him to do.
He has no principles of he own, he simply does what others want him to do so he can keep his job.
Yes, this is what most politicians do, but that doesn't make it right.
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demon6fire
Hello


Registered: 05/02/08
Posts: 364
Loc: IL
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: Sophistic Radiance]
#14733734 - 07/07/11 10:08 PM (12 years, 7 months ago) |
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Quote:
Tchan909 said: He's avoiding taking sides on the medical marijuana issue because it could easily come back to bite him in the ass when he runs for reelection. "Soft on crime," they'd call him. And that would actually fly with a huge part of the electorate.
Of course, I'd say he's soft on crime for standing by and doing nothing while these jackals persecute the innocent on his watch.
Its a little late now for Obama. The "fast and furious" scandal has him dead in the water on the "#### on crime" issue, his administration allowed gun sales to know gun runners, for absolutely nothing.
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: luvdemshrooms]
#14735651 - 07/08/11 10:48 AM (12 years, 7 months ago) |
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You guys crack me up.
No scandal will stick to this man. He is the anointed warrior of the left. The chosen one. The medias golden boy.
He will be elected again. Not because he'll be the best candidate, but because of the amount of melanin in his bloodstream. While skin color or ethnicity doesn't matter to me, it was the main reason he won. He is a pathetic empty suit.
Had he been white, Hillary would have won the primary.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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LeftyBurnz
Mr. I Eat Butthole



Registered: 06/21/05
Posts: 24,570
Loc: FL
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: luvdemshrooms]
#14735762 - 07/08/11 11:13 AM (12 years, 7 months ago) |
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he wont win a second term. guarantee it.
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Administration Medical Marijuana Memo Causes Dismay, Anger [Re: luvdemshrooms]
#14735833 - 07/08/11 11:30 AM (12 years, 7 months ago) |
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Quote:
luvdemshrooms said: You guys crack me up.
No scandal will stick to this man. He is the anointed warrior of the left. The chosen one. The medias golden boy.
He will be elected again. Not because he'll be the best candidate, but because of the amount of melanin in his bloodstream. While skin color or ethnicity doesn't matter to me, it was the main reason he won. He is a pathetic empty suit.
Had he been white, Hillary would have won the primary.
Sadly I think you're right...I just got home and on my way home I saw an old white guy in a truck with a 2012 Obama sticker...and I live in Louisiana.
People just CAN'T fucking get it about this guy. He's not your friend, and if you're liberal he does not support your causes. If you vote for Obama you are voting for the Democrat title, that is it.
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