I’ve spoken to two reporters today inquiring about Colorado Congressman Jared Polis’ medical cannabis-related questions to Attorney General Holder at a congressional committee hearing that was otherwise a ‘bloodbath’ for Holder—getting grilled about the guns and Mexico fiasco—when Polis, who is not a member of the Judiciary Committee, was allowed to ask Holder two questions about medical cannabis enforcement.

Generally written…

Polis first wanted assurances that Colorado’s medical cannabis dispensaries/cultivation centers compliant with state laws—unlike California’s medical cannabis businesses that are not regulated by the state—are not a Department of Justice (DOJ) target. Holder affirmed the basic tenets of the previous Ogden and Cole memos, and wouldn’t provide assurances, but, re-iterated the DOJ stance that enforcing medical cannabis laws, notably in a state like Colorado with its rules and regulations, and with limited federal resources at hand, is a low law DOJ enforcement priority.

The second Polis question was about banking and medical cannabis businesses in Colorado, where he pushed Holder to acknowledge that the DOJ is not placing a priority on interfering with state compliant medical cannabis businesses and banking concerns.

I assume there will be news and industry coverage later today and tomorrow about this unexpected, but informative exchange between Representative Polis and Attorney General Holder.

On Wednesday, the US Attorney for the southern district of California, Laura Duffy, announced her intent to target media outlets — in particular alt-weeklies like the San Diego Reader and the San Francisco Bay Guardian — that accept advertising dollars from medical cannabis operations.

Feds to target newspaper, radio marijuana ads

via California Watch

U.S. Attorney Laura E. Duffy, whose district includes Imperial and San Diego counties, said marijuana advertising is the next area she’s “going to be moving onto as part of the enforcement efforts in Southern California.” Duffy said she could not speak for the three other U.S. attorneys covering the state but noted their efforts have been coordinated so far.

“I’m not just seeing print advertising,” Duffy said in an interview with California Watch and KQED. “I’m actually hearing radio and seeing TV advertising. It’s gone mainstream. Not only is it inappropriate – one has to wonder what kind of message we’re sending to our children – it’s against the law.”

… Duffy said she believes the law gives her the right to prosecute newspaper publishers or TV station owners.

“If I own a newspaper … or I own a TV station, and I’m going to take in your money to place these ads, I’m the person who is placing these ads,” Duffy said. “I am willing to read (the law) expansively and if a court wants to more narrowly define it, that would be up to the court.”

Whether or not Duffy’s unconventional interpretation of federal law has any legal merit is, of course, beside the point. Her intent is to create a climate of fear that is so pervasive that media outlets ‘willingly’ cease accepting advertising revenue from dispensaries and other like-minded business.

Such threats are nothing new for the federal government, which in recent months has successfully utilized similar tactics to coerce state and local banks to drop their accounts with state-sanctioned marijuana-related businesses and to intimidate landlords who rent their properties to tenants involved in medical cannabis facilities.

Yet despite the government’s heavy-handed behavior, California bureaucrats have remained largely — and disappointingly — silent regarding the Justice Department’s intimidatory tactics. That is why it is more important than ever that you send the Obama Administration a clear and consistent message here.

We’ve seen this coming for some time, but today the gloves officially came off. No more memos filled with false promises; no more phony pledges to respect states rights, no more giggles. Like a caged animal backed into a corner, the federal government is snarling and spitting back. It has no other way to defend its morally bankrupt policy except through a show of strength and intimidation.

California’s Top Federal Law Enforcement Officials Announce Enforcement Actions Against State’s Widespread and Illegal Marijuana Industry

via the US Department of Justice, Eastern District of California

SACRAMENTO, Calif.: October 7, 2011 – The four California-based United States Attorneys today announced coordinated enforcement actions targeting the illegal operations of the commercial marijuana industry in California.

The statewide enforcement effort is aimed at curtailing the large, for-profit marijuana industry that has developed since the passage of California’s Proposition 215 in 1996.

… While the four United States Attorneys have tailored enforcement actions to the specific problems in their own districts, the statewide enforcement efforts fall into three main categories:

· Civil forfeiture lawsuits against properties involved in drug trafficking activity, which includes, in some cases, marijuana sales in violation of local ordinances;

· Letters of warning to the owners and lienholders of properties where illegal marijuana sales are taking place; and

· Criminal cases targeting commercial marijuana activities, including arrests over the past two weeks in cases filed in federal courts in Los Angeles, San Diego, Sacramento and Fresno.

The enforcement actions being announced today are the result of the four United States Attorneys working with federal law enforcement partners and local officials across California to combat commercial marijuana activities that are having the most significant impacts in communities.

“The actions taken today in California by our U.S. Attorneys and their law enforcement partners are consistent with the Department’s commitment to enforcing existing federal laws, including the Controlled Substances Act (CSA), in all states,” said Deputy Attorney General James Cole.

… Laura E. Duffy, the United States Attorney for the Southern District of California, commented: “The California marijuana industry is not about providing medicine to the sick. It’s a pervasive for-profit industry that violates federal law. In addition to damaging our environment, this industry is creating significant negative consequences, in California and throughout the nation. As the number one marijuana producing state in the country, California is exporting not just marijuana but all the serious repercussions that come with it, including significant public safety issues and perhaps irreparable harm to our youth.”

Melinda Haag, the United States Attorney for the Northern District of California, said: “Marijuana stores operating in proximity to schools, parks, and other areas where children are present send the wrong message to those in our society who are the most impressionable. In addition, the huge profits generated by these stores, and the value of their inventory, present a danger that the stores will become a magnet for crime, which jeopardizes the safety of nearby children. Although our initial efforts in the Northern District focus on only certain marijuana stores, we will almost certainly be taking action against others. None are immune from action by the federal government.”

Dozens of letters have been sent over the past few days to the owners and lienholders of properties where commercial marijuana stores and grows are located. In the Southern and Eastern Districts, the owners of buildings where marijuana stores operate have received letters warning that they risk losing their property and money derived from renting the space used for marijuana sales. In the Central District, … prosecutors have sent letters to property owners in selected cities where officials have requested federal assistance, and they plan to continue their enforcement actions in other cities as well. In the Northern District, owners and lienholders of marijuana stores operating near schools and other locations where children congregate have been warned that their operations are subject to enhanced penalties and that real property involved in the operations is subject to seizure and forfeiture to the United States.

… The statewide coordinated enforcement actions were announced this morning at a press conference in Sacramento.

It has been apparent for some time now that the Obama Administration is escalating its efforts to both crack down on existing above ground, medical cannabis operations in states like California, as well as to thwart the establishments of similar operations in additional states.

So why these stepped up efforts now? The answer ought to be self-evident. The intention of these and other recent, well-publicized threats by the Obama administration is to stifle the development of a viable legal cannabis distribution industry, even in states that have enacted legislation to allow for such an industry.

During today’s conference, all four US Attorneys affirmed that their intent is not to target individual, state-compliant medical cannabis consumers per se, but to emphasize that the Department of Justice is opposed to the regulated commerce of medical cannabis. That’s because once this industry has legitimized itself to the public and local lawmakers in California, Colorado, and elsewhere, then voters will become accustomed to safe, secure, well-run businesses that deliver consistent, reliable, tested cannabis products. They’ll appreciate the way well-regulated medical dispensaries revitalize sagging economies, provide jobs, and contribute taxes to budget-starved localities. They’ll realize all the years of scaremongering by the government about what would happen if marijuana were legal, even for sick people, was nothing but hysterical propaganda. And the voting public will eventually ask: ‘Why we don’t just legalize cannabis for everyone in a similarly responsible manner?’

And that is a question this administration has consistently indicated that the President is unable or unwilling to answer.

It appears from the letter that the Obama administration’s DOJ is going to continue to walk the fine line between allowing ‘self preservation’ for medical cannabis patients (i.e., a patient can possess and cultivate a small amount of cannabis for their personal use) and prohibiting what they call “large scale” medical cannabis cultivation and sales.

Deputy U.S. Attorney General James Cole, in a letter addressed to every state attorney general, reaffirmed “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 … and their caregivers.”

But the large-scale growing and scaling activity seen in some states troubles the Obama administration, according to Cole’s letter.

“There has, however, been an increase in the scope of commercial cultivation, sale, distribution, and use of marijuana for purported medical purposes,” according to the letter. “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.”

The earlier memo “never intended to shield such activities from federal law enforcement and prosecution, even when these activities purport to comply with state law,” according to the letter

Failed marijuana policies are a bi-partisan boondoggle
via The Hill

[excerpt: read the full text here]

Law enforcement officials prosecuted a near-record 858,408 persons for violating marijuana laws in 2009 – the first year of the Obama presidency. That total is the second highest annual number of pot prosecutions ever recorded in the United States.

According to the arrest data, made public last week by the Federal Bureau of Investigation, some 88 percent (758,593 Americans) of those charged with marijuana violations were prosecuted for possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.

Does any rational person really think that arresting and prosecuting nearly one million Americans annually for their use of a substance that is objectively safer than alcohol exemplifies a ‘soft’ – or better yet, sound – public policy?

Rep. Smith further claims that the administration has abdicated the enforcement of federal drug laws in the fourteen states that have legalized the physician-supervised use of marijuana since 1996. Not so. Despite promises from the U.S. Attorney General to respect the laws of these 14 states, the September 21 edition of DC’s Daily Caller reports that just the opposite is taking place.

In an article entitled, ‘DEA, DOJ stay mum on medical marijuana raids,’ reporter Mike Riggs states: “Despite campaign promises to the contrary, the Department of Justice under President Barack Obama and Attorney General Eric Holder hasn’t stopped raiding marijuana dispensaries operating in states where sale of the drug is legal for medical purposes. But the DOJ has demonstrated one marked change now that it’s under Democratic control: The department has stopped publicizing medical marijuana raids, both by requesting that more cases be sealed under court order and by refusing to distribute press releases.”

The story goes on to cite details of over a dozen recent federal raids of medical marijuana providers in California, Colorado, Michigan, and Nevada – all states that have approved the cultivation and possession of medical marijuana.

Of course, if the stricter enforcement of marijuana laws – as Rep. Lamar advocates – was really the solution to curbing Americans’ appetite for pot then how does one explain this? Since 1965, police have arrested over 21 million Americans for violating marijuana laws; yet according to the World Health Organization more Americans consume marijuana than do citizens of any other country in the world.

… Rather than scapegoating the new administration, which has done little to alter longstanding U.S. marijuana policy, Rep. Smith ought to reconsider the past 40 years of failed drug war policies. … It is time to replace failed marijuana prohibition with a system of legalization, sensible regulation, taxation, and education.“

The Hill’s ever-popular Congress blog ‘is where lawmakers come to blog.’ It’s also where legislators and other politicos come to gauge the pulse of the public. Given that this is a paper of record on Capitol Hill, why not send Rep. Smith and his colleagues a message that their anti-marijuana rhetoric is woefully out of touch with voter sentiment? You can make your voice heard by leaving your feedback here.

If you live in Texas (particularly if you live in the 21st District, which includes the cities of Austin, San Marcos, Kerrville, and San Antonio), you can also contact Rep. Smith directly here.

Dear NORML Supporter:

It is not often that I feel compelled to write to NORML’s membership and supporters regarding the day-to-day operations of America’s leading marijuana lobby group. Then again, in my tenure as Executive Director of NORML and the NORML Foundation, there’s never been a time like right now.

Over the past several months NORML’s public prominence and political influence has grown by leaps and bounds. As I write you today I’m reflecting upon two of the most significant – and productive – weeks in NORML history.  As we close the year 2009 I am proud to say that NORML has galvanized its position as the leading marijuana law reform organization. Why do I say this?  Take a look at the events of these two weeks late this fall, and decide for yourself:

• Marijuana legalization in Massachusetts? NORML testifies ‘Yes!’
  On Wednesday, October 14, NORML’s Legal Counsel Keith Stroup and NORML Advisory Board Member Dr. Lester Grinspoon testified before the Massachusetts Joint Committee on Revenue in favor of House Bill 2929, ‘An Act to Regulate and Tax the Cannabis Industry.’ Members of NORML’s state affiliate, MassCann, also spoke on behalf of the measure, which was drafted by former NORML Board Member Richard Evans. The well-attended legislative hearing marked the first time that Massachusetts state legislators had ever publicly discussed legalizing marijuana, and the debate earned prominent media coverage throughout the state. 

• California Governor Arnold Schwarzenegger requests marijuana legalization debate
  In May Gov. Arnold Schwarzenegger publicly called for a debate on the merits of marijuana regulation. This October NORML Deputy Director Paul Armentano and CalNORML Coordinator Dale Gieringer obliged the Governor’s request, and provided his office with a comprehensive action plan for regulating marijuana production and distribution in California.

• Obama to Justice Department: Back off on medi-pot prosecutions
  On Monday, October 19, U.S. Deputy Attorney General David Ogden issued a historic memorandum to federal prosecutors advising them to no longer "focus federal resources … [on those] whose actions are in … compliance with existing state laws providing for the medical use of marijuana." The directive upheld a campaign promise by President Obama, who had pledged that he would not use "Justice Department resources to try to circumvent state laws." Ever since the President took office NORML and other drug policy reform groups had lobbied the administration to follow through, in writing, with this sensible policy. Tellingly, the administration’s decision was hailed by the mainstream media as a major step toward the enactment of marijuana liberalization in America. Not surprisingly, NORML representatives spent the days immediately following the administration’s announcement speaking with dozens of mainstream media outlets, including CNN, MSNBC, The Associated Press, and The Christian Science Monitor, urging Congress to move expeditiously to make the administration’s policy changes into permanent law.

• Mainstream media just can’t get enough pot
  Over the past month NORML has fielded multiple requests from producers at mainstream media, radio, and television outlets throughout the nation and the world. Notably, NORML’s staff participated in the production of Fox Business News weeklong series on the cannabis industry (air date October 19-23), Newsweek‘s five-part series on present and past marijuana policy (published October 16), and the October 14 edition of PBS’ News Hour with Jim Leher.  NORML has also recently received prominent coverage in periodicals such as the BBC, The Wall Street Journal, and Fortune Magazine. Unlike in past years – or even past months – the overall tone of all of these high profile features was favorable to marijuana law reform.  The underlying media message: marijuana is a commodity, not a moral threat, and it’s about time for America’s laws to start treating it that way.

• The Drug Czar’s office comes calling
  On Monday, October 24 – at the request of the White House – I participated in a strategic conference call with Drug Czar Gil Kerlikowske to discuss the drafting of the administration’s 2010 National Drug Control Strategy. You read that right: the Office of National Drug Control Policy reached out to NORML and requested NORML’s participation in crafting the administration’s future drug reform strategies. Yes, the same office that just one year ago inflicted the cannabis community with John Walters is now making house calls to NORML.

  My friends, the times are most definitely changing.

• NORML testifies at California Assembly hearings on legalization
  Finally, to conclude two of my busiest weeks ever as NORML and NORML Foundation Director, on Wednesday, October 28, NORML’s Paul Armentano and Dale Gieringer traveled to Sacramento to testify before the California Assembly on Public Safety to urge legislators to stop arresting responsible marijuana smokers.  "The criminal prohibition of marijuana has not dissuaded anyone from using marijuana or reduced its availability; however, the strict enforcement of this policy has adversely impacted the lives and careers of millions of people who simply elected to use a substance to relax that is objectively safer than alcohol," Armentano told the Committee. "NORML believes that the state of California ought to amend criminal prohibition and replace it with a system of legalization, taxation, regulation, and education." Like in Massachusetts two weeks earlier, the day-long hearing and was the first of its kind to take place before the California legislature.

So there you have it: two weeks in the life of NORML and the NORML Foundation.  Thank you for being there for us – so we can be there for you.

As we conclude this momentous year I rest assured knowing that with your continued financial contributions, NORML and the NORML Foundation will be able to maintain its position as the most trusted and respected marijuana law reform organizations in the United States.  That remains our commitment to you – the cannabis consumer – as we look ahead to the success and victories that await us in 2010.

With your generous support, we are ending marijuana prohibition. With your continued generous support, we’ll end marijuana prohibition once and for all.

Cannabem liberemus,

Allen St. Pierre
Executive Director

P.S. Please make your tax-deductible donation to the NORML Foundation in support of our national outreach and educational programs.

If you’d rather your donation be employed for state and federal lobbying purposes, please make sure that the donation is directed to ‘NORML‘, where donations are not tax deductible.

P.P.S. Donate $50 or more to either NORML Foundation (or NORML) and receive a copy of the new book ‘Marijuana is Safer, so why are we driving people to drink?‘ co-authored by NORML deputy director Paul Armentano.

In February Attorney General Eric Holder indicated in a press conference that the Obama Administration–which favors physician-recommended access to medical cannabis–would abate from what had been an aggressive law enforcement (and propaganda) campaign against medical access to cannabis.

Today’s memo from the Department of Justice formalizes these changes and is a MAJOR victory for citizens who support cannabis law reform!

Report: New DOJ guidelines to back medical marijuana laws
By Bridget Johnson – 10/18/09 11:40 PM ET

The Hill

The Obama administration is set to make a sharp turn from the Bush administration when it comes to state laws regarding medical marijuana usage, the Associated Press reported late Sunday.

The guidelines to be issued to federal prosecutors Monday will suggest that it’s not a good use of time to go after users and distributors of medical marijuana in the 14 states that allow such usage, while encouraging that illegal pot operations involving violence, firearms and sale to minors still be pursued.

Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington currently have state laws allowing at least limited use of marijuana for medical purposes. The AP reported that federal prosecutors in these states, as well as top officials at the FBI and DEA, would being receiving the three-page Justice Department memo outlining the new policy.

Under the George W. Bush administration, medical marijuana dispensaries were still targeted for violating federal law despite state laws allowing pot for medical use. Attorney General Eric Holder signaled a shift in this policy in March, stating that federal enforcement would concentrate on illegal marijuana operations that use medical pot allowances as a cover.

The move doesn’t come as a surprise, as Obama the candidate had expressed support for states that allowed medical marijuana.

“I would not have the Justice Department prosecuting and raiding medical marijuana users,” then-Sen. Barack Obama said on the campaign trail in New Hampshire.