Archive for the ‘raids’ category

Federal Omnibus Includes Amendment to Prohibit DOJ/DEA From Interfering With State Medical Marijuana

December 9th, 2014

marijuana_seedlingThe final version of the House omnibus appropriations bill includes the Rohrabacher-Farr amendment, which was approved by the House of Representatives earlier this year. The amendment restricts the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.

NORML supporters have rallied in favor of this provision, with over 22,000 emails and countless direct calls being directed at federal lawmakers regarding the amendment this year.

“This amendment is an important step towards relieving the tension between federal and state policy when it comes to medical marijuana,” stated NORML Communications Director Erik Altieri, “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”

The House is expect to hold a final vote on this bill in the next couple of days, with a Senate vote to follow. You can read the full bill here.

US House Votes to Prohibit DOJ From Interfering With State Medical Marijuana or Industrial Hemp Programs

May 29th, 2014

After a long debate that had the US House of Representatives in session until after midnight, the lower chamber of Congress cast a historic 219 to 189 vote to restrict the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.

This measure was co-sponsored by Rep. Sam Farr (D-Calif.), Reps. Rohrabacher (R-Calf.), Don Young (R-Alaska), Earl Blumenauer (D-Ore.), Tom McClintock (R-Calif.), Steve Cohen (D-Tenn.), Paul Broun (R-Ga.), Jared Polis (D-Colo.), Steve Stockman (R-Texas), and Barbara Lee (D-Calif.). You can read the full text of the amendment here.

170 Democrats and 49 Republicans voted in favor of the amendment, 172 Republicans and 17 Democrats voted against it. You can view the full vote breakdown here.

“It would be hard to overstate the importance of tonight’s vote,” said NORML Communications Director Erik Altieri, “Approval of this amendment is a resounding victory for basic compassion and common sense.”

Added NORML Deputy Director Paul Armentano, “This vote marks one of the first times since the passage of the Marihuana Tax Act of 1937 that a majority of the members of a chamber Congress have acted in a manner that significantly alters federal marijuana policy.”

“The conflicting nature of state and federal marijuana laws has created an untenable situation,” co-sponsor Rep. Blumenauer said just before the House debate. “It’s time we take the federal government out of the equation so medical marijuana business owners operating under state law aren’t living in constant fear of having their doors kicked down in the middle of the night.”

The House also approved amendments that prohibit the DOJ and DEA from using funds to interfere with state sanctioned industrial hemp cultivation.

In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.) In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop

These amendments were made to the 2015 Commerce, Justice, and Science Appropriations Bill, which now must be approved by the Senate and then signed by President Obama.

NORML will keep you updated on this evolving situation.

House to Vote on Budget Amendment to Defund Medical Marijuana Raids

May 16th, 2014

In the coming days, members of the House of Representatives are expected to debate and vote on budget appropriation legislation for the Department of Justice. Representatives Rohrabacher and Farr will be introducing an amendment to this measure to prevent any of the department’s funding from being used to interfere with medical marijuana programs in states that have approved them.

Twenty-one states — Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, and Washington — as well as the District of Columbia have enacted laws protecting medical marijuana patients from state prosecution. Yet in all of these states, patients and providers still face the risk of federal sanction — even when their actions are fully compliant with state law.

It is time that we allowed our unique federalist system to work the way it was intended. Patients, providers, and their state representatives should have the authority to enact laws permitting the medical use of cannabis — free from federal interference.

Please write your members of Congress today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a prewritten letter will be e-mailed to your member of Congress.

CLICK HERE TO TAKE ACTION!

California Democratic Party Urges Obama to Halt Federal Raids on Marijuana Dispensaries

July 24th, 2013

In Costa Mesa, CA on Sunday, July 21, the California DemocraticCA DEM party passed two new resolutions at its executive board meeting. The first of the two dealt with President Obama’s federal raids on marijuana dispensaries.

The resolution reads, “THEREFORE BE IT RESOLVED, that the California Democratic Party requests: President Obama to allow the newly enacted marijuana legalization laws in Colorado and Washington to go into effect with no federal interference, and BE IT FURTHER RESOLVED, that the California Democratic Party asks President Obama to end the Department of Justice interference and raids by federal agencies in states with medical marijuana laws, and a comprehensive study be immediately undertaken to produce recommendations for reform of our nation’s marijuana prohibition.”

This position in the California Democratic platform will have drastic implications for the 2016 candidate chosen by the Democrats. California has historically been a cornerstone of Democrat success. Given President Obama’s earlier comments about racial disparity in arrests like drug offenses, this is an opportunity for Obama to step forward and stop some of those unfair arrests by keeping his campaign promise not to interfere with medical marijuana in states where it is legal.

War on Medical Cannabis Continues: Feds Target LA Dispensaries for Closure

September 25th, 2012

Federal authorities with the US Attorney’s Los Angeles office issued official warning letters to 68 Los Angeles medical cannabis dispensaries today, initiated forfeiture lawsuits against three properties that did business with dispensaries, and served search warrants on three further locations.

In an official statement on today’s action, US Attorney André Birotte Jr.stated:

“Over the past several years, we have seen an explosion of commercial marijuana stores -– an explosion that is being driven by the massive profits associated with marijuana distribution. As today’s operations make clear, the sale and distribution of marijuana violates federal law, and we intend to enforce the law. Even those stores not targeted today should understand that they cannot continue to profit in violation of the law.”

The LA Weekly is reporting that the list of targets included every single dispensary in the Downtown, Huntington, and Eagle Rock areas of the city. You can read more media coverage here and here. We will keep you updated as the situation develops.

Time: What Is President Obama’s Problem With Medical Marijuana?

May 3rd, 2012

Michael Sherer at Time Magazine has posted online today a particularly astute examination of the Obama administration’s flip-flop on marijuana policy. Below are some key excerpts. Michael’s full article appears in the newsstand edition of Time.

What Is President Obama’s Problem With Medical Marijuana?
via Time.com

[T]he Obama Administration is cracking down on medical marijuana dispensaries and growers just as harshly as the Administration of George W. Bush did. In 2011, the Department of Justice revised its guidance to U.S. Attorneys, allowing them to target any medical marijuana activity except for ill patients and their immediate caregivers. The Drug Enforcement Administration has made it clear that “medical marijuana is not medicine,” and even called it a “mortal danger.” … In many states, U.S. Attorneys have advised state and local officials to back away from plans to create rules and regulations that would codify the medical pot industry, in some cases raising the possibility that lawmakers could be prosecuted for promoting drug use that is legal under state law.

Over the last few weeks, I have talked with nearly a dozen people in the medical marijuana business, three U.S. Attorneys, White House officials and local officials who oppose the federal crackdown for a story that will appear in this week’s newsstand issue of TIME. The answer on the ground is, predictably, far more complicated than either medical marijuana advocates or the Obama Administration is willing to describe. And it all comes down to this: Despite Obama’s promises during the 2008 campaign, federal prosecutors have lost faith in the ability of state and local officials to control a booming commercial industry for a drug that is still illegal to grow, possess or sell under federal law. As a result, a once broad exemption from prosecution for medical marijuana providers in state where it’s legal has been narrowed to a tiny one. … [T]he nation is left with an uneasy status quo: The federal government is not trying to eliminate medical marijuana altogether, but it has decided that it cannot stand for the commercialization or large scale production of marijuana for the stated purpose of helping the sick, even when that production is technically within the bounds of state law.

[I]n a different world, the federal government might work with state and local officials to more tightly regulate the growing of marijuana for medical purposes. But since pot is illegal under all circumstances under federal law, the opposite has been happening. Attempts, particularly in California, to more tightly regulate and thereby provide greater legal protection for the drug, have been shut down by the federal government.

And so, medical marijuana is left in a no man’s land. Individual sick users are safe from prosecution, but they are likely to find it harder in the coming months to get the drug. Growers and dispensers are not protected by state law from federal prosecution, especially if they become large enough to get noticed by federal investigators. And the likely result is that more of the medical marijuana industry will be pushed underground in the coming years, making it more difficult for local officials to track the business. This arguably will only increase some criminal activity, as large amounts of money and a very profitable commodity move through the system by way of small-time dealers working without sophisticated security systems.

…“What this really screams for a cohesive national policy.”

But there is no such policy on the horizon. Obama has shown little interest in elevating the issue. Some in federal law enforcement–and at the Office of National Drug Control Policy–hope that the advent of new pharmaceutical replacements for grown medical marijuana, like the Canadian drug Sativex, [Editor's note: Sativex is a British drug, not a Canadian manufactured product -- though it is legal by prescription in Canada.] will make the entire issue moot in the coming decade. But that looks unlikely in the short term, given the lack of concern among the general public with medical marijuana. A 2010 poll by the Pew Center for the People and the Press found that 73% say they favor “their state allowing the sale and use of marijuana for medical purposes if it is prescribed by a doctor.”

In other words, don’t hold your breath for clarity anytime soon. The haze is here to stay.

Obama Administration Increases Drug War Spending

April 17th, 2012

Earlier today, the Obama administration released its annual National Drug Control Strategy, detailing the methods and budgets planned to combat drug use for fiscal year 2013. The report stresses that more resources need to be spent on addiction treatment and prevention, and that an enforcement-centric “war on drugs” is unworkable. The report shows, however, that budget allocations for traditional law enforcement methods could increase by hundreds of millions of dollars, including domestic military operations. Government data from previous years have shown no connection between drug-arrest rates and drug-use rates.

While significant portions of the budget are dedicated to harm reduction and abuse prevention programs, many of the “drug war” methods that have proven ineffective over the last 40 years — particularly those used to enforce marijuana prohibition — will likely see funding increases this year. Domestic law enforcement is slated to receive $9.4 billion, a $61.4 million increase from last year. The Department of Defense Domestic Counterdrug support program will get nearly $150 million this year. Over $4.5 billion will be spent on federal incarceration of drug users and distributors. In addition, the Obama administration has requested the revival of the Youth Drug Prevention Media Program with a $20 million budget. Studies have shown that this program had the opposite of the intended effect on teens, and Congress allocated no money for the program last year.

“This budget is appalling. The drug czar is trying to resurrect those stupid TV ads, like the one where a teenager gets his fist stuck in his mouth,” said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. “The budget intentionally undercounts the federal government’s expenditures on incarcerating drug offenders, who comprise more than half of the federal prison population. And the budget dangerously proposes a massive escalation in using the military to fight drugs domestically. Congress should just ignore this budget and start from scratch. Specifically, Congress should not provide the Obama administration with any money to go after nonviolent marijuana users, growers, or distributors.”

The drug czar’s strategy would keep control of the marijuana trade in the hands of drug cartels and illegal operators, endangering communities, and creating massive death tolls throughout Latin America. In the past year, the Global Commission on Drug Policy, current and former Latin American leaders whose countries are being ravaged by drug cartels, and tens of millions of Americans have called for a more rational approach to marijuana policy. The Obama administration has repeatedly stated that making marijuana legal is not an option.

Check back for further analysis in the coming days.

Six National Drug Policy Organizations Call on President Obama to End Unnecessary Assault on Medical Marijuana Providers

April 4th, 2012

In the wake of recent attacks on medical marijuana providers and patients by multiple branches of the federal government, including Monday’s raids on Oaksterdam University in Oakland, CA, a coalition of six national drug policy reform organizations is appealing to President Obama and his administration to follow its own previously stated policies respecting state medical marijuana laws. In the letter, posted in full below, the organizations call on the Obama administration to bring an end to the federal government’s ongoing campaign to undermine state efforts to regulate safe and legal access to medical marijuana for those patients who rely on it.

The Obama Administration’s National Drug Control Strategy Report 2012, reportedly being released in the coming days, is expected to cling to failed and outdated marijuana policies which further cement the control of the marijuana trade in the hands of drug cartels and illegal operators, endangering both patients in medical marijuana states and citizens everywhere. The members of this coalition stand together with members of the Global Commission on Drug Policy, current and former Latin American leaders whose countries are being ravaged by drug cartels, state officials from five medical marijuana states, and tens of millions of Americans in their call for a more rational approach to marijuana policy.

THE LETTER TO PRESIDENT OBAMA:

April 4, 2012

President Barack Obama

The White House

Washington D.C. 20500

Via Fax: 2024562461

Dear Mr. President:

Our coalition represents the views of tens of millions of Americans who believe the war on medical marijuana patients and providers you are fighting is misguided and counterproductive. As your administration prepares to release its annual National Drug Control Strategy, we want to speak with one voice and convey our deep sense of anger and disappointment in your lack of leadership on this issue.

Voters and elected officials in sixteen states and the District of Columbia have determined that the medical use of marijuana should be legal. In many of these states, the laws also include means for providing medical marijuana patients safe access to this medicine. These laws allowing for the cultivation and distribution of medical marijuana actually shift control of marijuana sales from the criminal underground to state-licensed, taxed, and regulated producers and distributors.

Instead of celebrating – or even tolerating – this state experimentation, which has benefited patients and taken profits away from drug cartels, you have turned your back as career law enforcement officials have run roughshod over some of the most professional and well-regulated medical marijuana providers. We simply cannot understand why you have reneged on your administration’s earlier policy of respecting state medical marijuana laws.

Our frustration and confusion over your administration’s uncalled-for attacks on state-authorized medical marijuana providers was best summed up by John McCowen, the chair of the Mendocino County (CA) board of supervisors, who said, “It’s almost as if there was a conscious effort to drive [medical marijuana cultivation and distribution] back underground. My opinion is that’s going to further endanger public safety and the environment – the federal government doesn’t seem to care about that.”

The National Drug Control Strategy you are about to release will no doubt call for a continuation of policies that have as a primary goal the ongoing and permanent control of the marijuana trade by drug cartels and organized crime. We cannot and do not endorse the continued embrace of this utterly failed policy. We stand instead with Latin American leaders, members of the Global Commission on Drug Policy, and the vast majority of people who voted you into office in recognizing that it is time for a new approach on marijuana policy.

With approximately 50,000 people dead in Mexico over the past five years as the result of drug war-related violence, we hope that you will immediately reconsider your drug control strategy and will work with, not against, states and organizations that are attempting to shift control of marijuana cultivation and sales, at least as it applies to medical marijuana, to a controlled and regulated market.

Sincerely,

Drug Policy Alliance (DPA)

Law Enforcement Against Prohibition (LEAP)

Marijuana Policy Project (MPP)

National Cannabis Industry Association (NCIA)

National Organization for the Reform of Marijuana Laws (NORML)

Students for Sensible Drug Policy (SSDP)

cc:  Eric Holder, Attorney General, Department of Justice

James Cole, Deputy Attorney General, Department of Justice

Gil Kerlikowske, Director of the Office of National Drug Control Policy

Government’s Crackdown On Medical Cannabis Not Unconstitutional, Federal Judge Rules

March 2nd, 2012

A federal judge in Sacramento this week dismissed a federal lawsuit filed in November by members of the NORML Legal Committee against the US Department of Justice, US Attorney General Eric Holder, and DEA Director Michele Leonhart. The lawsuit (read it here), one of four filed simultaneously in the state’s four federal districts, argues that the Justice Department’s ongoing crackdown against medical marijuana providers and distributors in California is in violation of the Ninth, Tenth, and Fourteenth Amendments to the US Constitution because the use of cannabis therapeutically is a fundamental right. Petitioners also argue, using the theory of judicial estoppel, that the Justice Department had previously affirmed in public memos and in statements made in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law.

On Wednesday, US District Judge Garland Burrell, Jr., rejected those arguments and and granted the respondent’s dismissal motion. He denied petitioners request for public hearings prior to making his ruling.

Judge Burrell rejected plaintiffs’ Ninth and Tenth Amendment challenges, finding: “Since the Supreme Court has held the that CSA’s (federal Controlled Substances Act) categorical prohibition of the possession, manufacturing, and distribution of marijuana does not exceed Congress’ authority under the Commerce Clause (Article I Section 8, Clause 3 of the US Constitution), plaintiffs do not have a viable …. claim.”

He also rejected plaintiffs’ equal protection arguments, finding that the Justice Department’s actions in California mimic efforts the federal government has taken against “similarly situated individuals” elsewhere. Judge Burrell also cited court rulings finding that defendants in previous challenges have failed to meet the “heavy burden of proving the irrationality of the schedule I classification of marijuana.”

Finally, Judge Burrell dismissed plaintiff’s judicial estoppel clam, which argues that defendants’ “recent crackdown … against medical cannabis patients flouts the representations made on the record by the Department of Justice” in public memos and statements in court. Responding to this challenge, Judge Burrell determined, “Since judicial estoppel does not apply unless ‘a party’s later position [is] ‘clearly inconsistent with its earlier position,’ and the Ogden memo does not contain a promise not to enforce the CSA, defendants’ enforcement of the CSA is not inconsistent.”

Commenting on the ruling, Attorney David Michael of San Francisco, who along with Matt Kumin and Alan Silber were the lead attorneys in these four challenges, said “We are disappointed, but not discouraged, that the District Courts have thus far denied us the relief we had sought. They are constrained by existing precedent, and the result was not unexpected. It is the Ninth Circuit where we hope to find a receptive audience, and, with the Lawrence v. Texas decision, we may also have a more receptive audience in the Supreme Court, should the issue go there.”

Judges for the Ninth Circuit had previously determined in Raich v Gonzalez: “For now, federal law is blind to the wisdom of a future day when the right to use medical marijuana to alleviate excruciating pain may be deemed fundamental. Although that day has not yet dawned, … (it) may be upon us sooner than expected.”

25 Denver Homes Raided In Marijuana Cultivation Sweep

January 25th, 2012
​Twenty-five homes were raided across the Denver metropolitan area as part of a big marijuana sweep.The North Metro Drug Task Force is leading the investigation into what Jace Larson of 9News described as "the large-scale grow operation." The cops are claiming all the raided homes were somehow connected.SWAT teams began knocking down doors Wednesday morning at about 6 a.m.At least 12 and possibly 16 people were arrested in what law enforcement officials are calling "Operation Sweet Leaf." (Since when did the narcs start naming raids after 1971 Black Sabbath songs?) Continue reading "25 Denver Homes Raided In Marijuana Cultivation Sweep" >