Obama's new guidelines 10/19/09

[Hazebound]

Took this off the wire:

WASHINGTON -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.

Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

California is unique among those for the widespread presence of dispensaries -- businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.

Attorney General Eric Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and the Drug Enforcement Administration.

The memo, the officials said, emphasizes that prosecutors have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law.

The officials spoke on condition of anonymity because they were not authorized to discuss the legal guidance before it is issued.

"This is a major step forward," said Bruce Mirken, communications director for the Marijuana Policy Project. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."

At the same time, the officials said, the government will still prosecute those who use medical marijuana as a cover for other illegal activity. The memo particularly warns that some suspects may hide old-fashioned drug dealing or other crimes behind a medical marijuana business.

In particular, the memo urges prosecutors to pursue marijuana cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or other crimes.

And while the policy memo describes a change in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the federal government could still prosecute someone whose activities are allowed under state law.

The memo, officials said, is designed to give a sense of prosecutorial priorities to U.S. Attorneys in the states that allow medical marijuana. It notes that pot sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources.

Medical marijuana advocates have been anxious to see exactly how the administration would implement candidate Barack Obama's repeated promises to change the policy in situations in which state laws allow the use of medical marijuana.

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

HTH

Hazebound Reviewed by Hazebound on 10-19-2009. Obama's new guidelines 10/19/09 Took this off the wire: WASHINGTON -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday. Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws. The new policy Rating: 5

[Islandborn]

This was followed by the D.A. in L.A. saying

My Way News - LA's top prosecutor vows to target pot shops

[TC42o]

also keep in mind...

Obama doesn't have the constitutional authority to tell the law enforcement agencies not to enforce the law.

The legislative branch passes laws, and the executive branch enforces them. So it was written, so it shall be. If a president actually ORDERED his empowered enforcement officers to not enforce a law - no matter how unfair he might personally think that law is - he would be in breach of his oath of office. He vowed to uphold the Constitution, and the Constitution says he doesn't get to second-guess Congress once a law is passed....

Yes, it sucks, but the alternative is granting the President virtually unlimited fiat power.

But, the thing is: he's also these people's boss. And even if he can't -order- them to not enforce the law, he can -fire them- for failing to properly allocate limited resources in such a way as to prioritize those issues most pressing to the Oval Office.

It's a very fine line he has to tread here, by necessity. The sort of sweeping executive action you want to see simply isn't going to happen... nor would we, as a democratic republic, WANT to see it.

It's just easy to lose track of that when it's an issue that so many of us care about.

[the image reaper]

as I stated in the other posting of this 'news', this is the same vague reference to medical marijuana, made earlier by this pretender ... enforcement is still in the hands of law enforcement authorities, at their discretion, this probably won't change anything ... more double-talk that means very little, from the 'Politician-in-Chief' :wtf:

[killerweed420]

I agree. Till it gets written on a legal document its just a recommendation.

[Ub3rB0ng]

Yeah,im totally unsure about this.But who knows maybe it can end up being something to turn things in the right direction. Just keep doing things the way you have been and you will be fine. gotta be optimistic man.:jointsmile:

[psychocat]

The Yahoo news report on this issue
Feds to issue new medical marijuana policy - Yahoo! News

[boaz]

This was followed by the D.A. in L.A. saying

My Way News - LA's top prosecutor vows to target pot shops

"The comments Holder made earlier this year appear to have emboldened entrepreneurs as marijuana shops cropped up across California. In Los Angeles alone, there are an estimated 800 dispensaries, more than any other city in the nation. In 2005, there were only four, authorities said."

holy shite! the Angleno in me wants to say "fuck yeah" but I wouldn't be surprised if they start cracking down there, I mean there are only four legal shops in Oakland now, in contrast.

But this, to me begs the question . . . will L.A. legalize distribution if this initiative gets on the ballot and passes in '10?? My guess is Oakland will and likely S.F but will L.A.??? buzzed minds want to know. :stoned:

and . . . how will this new law effect the whole "not for profit" idea for the med coops. :detective1:

[boaz]

I agree. Till it gets written on a legal document its just a recommendation.

yes, right now would be the perfect time for Congress to come together and pass a States' Right to Medical Cannabis bill for the President to sign into law. It could be a sort of an Awakening for the congress to come together for something important like this right now. imp:

[kingmurda]

why did i vote for obama nothing has changed