Sources at the U.S. Department of Justice (DOJ) and the United States attorney’s office in San Francisco said that federal officials would likely pursue criminal or civil litigation against local marijuana growers as well as Oakland city officials if they decide to move forward with plans to license medical cannabis farming. “Oakland would be on the hook for violating state and federal law,” an unnamed administration official told the website.

Oakland City Attorney John Russo confirmed that DOJ officials are opposed to the city’s licensing plan. “They’ve expressed their concerns that the path Oakland is taking is in violation of the law,” Russo said in a prepared statement.

Oakland officials are seeking to license up to four industrial-sized medical marijuana grow operations within the city limits. The permits do not set limits regarding the quantity of cannabis that licensed producers may cultivate at each given site. City officials began accepting applications from prospective growers in November.

According to the California Watch report, federal officials are also planning to initiate a broader crack down on marijuana production and distribution statewide. The story reports that DOJ and Drug Enforcement Administration (DEA) officials met with California’s four U.S. attorneys on November 10 “to develop a plan to deal with some of the loopholes and gray areas in the state’s medical marijuana program.”

The administration’s threats appear to be in conflict with an October 19, 2009 DOJ memo stating, “As a general matter, pursuit of [federal law enforcement] priorities should not focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Nevertheless, as previously reported by Americans for Safe Access and others, the administration since issuing that memo has engaged in an estimated 30 federal raids of medical marijuana providers, producers, and laboratory facilities that engage in the testing of cannabis potency and quality.

NORML will have further details on this story in Thursday’s weekly media advisory.

Acting DEA Administrator Michele Leonhart... you've been Kohl-blocked!

As NORML has warned, President Obama has nominated Michele Leonhart to head the Drug Enforcement Administration. Leonhart has been serving as Acting DEA Administrator since her appointment by the Bush Administration. Now during confirmation hearings in the Senate Judiciary Committee, Sen. Herb Kohl (D-WI) has placed a hold on the nomination.

The Wall Street Journal reports that Sen. Kohl was upset about DEA restrictions on how nursing homes are allowed to dispense pain medications to elderly patients. New regulations intended to stem the diversion of addictive painkillers to the underground market would require nursing homes to have doctors, not nurses or other staff, to dispense medications like Oxycontin and Vicodin. The economic realities of the nursing home market do not allow these facilities to always have the necessary doctors on staff, leading to long wait times, under-treatment of pain, and suffering for elderly patients in pain.

Sen. Kohl placed the hold, an privilege of senators that prevents Leonhart’s nomination from proceeding to the full Senate, “until we have made more progress towards our goal of ensuring that nursing home residents get timely access to the prescription drug care they need,” said Kohl. “Every day nursing home patients continue to suffer from agonizing pain and we need an interim solution as soon as possible.”

NORML applauds any reason to prevent Leonhart from assuming the role of DEA Administrator.  However, we hope Sen. Kohl and the remainder of the Judiciary Committee also consider the nominee’s positions on medical marijuana and the Mexican Drug War as further indications she is unfit for the position.

If Sen. Kohl is concerned about nursing home patients continuing to suffer in agonizing pain, then Leonhart’s opposition to the fifteen states that provide medical marijuana to elderly patients should also be of concern.  As Acting Administrator, Leonhart has green-lighted at least thirty raids of medical marijuana dispensaries.  These raids run contrary to the directive of her boss, Attorney General Holder, who specified that scarce federal law enforcement resources should not be expended on medical marijuana operations running lawfully under state laws.  The medical marijuana from these dispensaries has been shown to relieve neuropathic pain as well as stave off the progression of Alzheimer’s disease and lessen the effects of arthritis – all beneficial for the elderly nursing home community.

All members of the committee should be wary of Leonhart’s views of the rapidly destabilizing Mexican state due to the drug war.  Just today the WikiLeaks dump of foreign diplomatic cables reveals a Mexican drug war plan that “lacks a clear strategy” and “suffers from infighting among security agencies” according to the Washington Post.  The leaks have insiders calling the $1.4 billion “Merida Initiative” of aid to Mexico “ill-conceived and doing little so far to fight drug traffickers.”

Yet Acting Administrator Leonhart, when questioned about the now 31,000 Mexicans now dead in the drug-trafficking wars since 2006, said “Our view is that the violence we have been seeing is a signpost of the success our very courageous Mexican counterparts are having. The cartels are acting out like caged animals, because they are caged animals.”  Where WikiLeaks reveals American and Mexican officials secretly doubting the effectiveness of our $1.4 billion strategy, Leonhart is selling it lock, stock, and barrel to the taxpayers.

Of further concern in the Leonhart nomination to head the DEA is her opposition to the science on cannabis.  She has refused to act on an eight-year-old petition supported by NORML to reschedule cannabis out of Schedule I where it is deemed to have “no medicinal value”; this is inexcusable stonewalling in the face of fifteen US states that recognize cannabis’ medicinal value, the calls from the American Medical Association for its rescheduling, and the federal government’s own patent on the medicinal properties of cannabinoids.  Leonhart has even refused to heed the declaration of a DEA judge in the petition of Professor Lyle Craker, whom the judge said should be allowed to grow cannabis for scientific research.

You can still write or call your Senator about Ms. Leonhart’s nomination process – to do so click here and here.  Tell your Senator to support Sen. Kohl’s opposition to Michele Leonhart for DEA Administrator and demand President Obama nominate an administrator who will be open-minded on the science of medical marijuana and willing to reasonably discuss the end of the drug war altogether.

Following Recent Raids, Medical Marijuana Advocacy Groups Call on President Obama to Withdraw Nomination of Michele Leonhart to be DEA Administrator

Obama’s DEA Head Must Follow Stated Medical Marijuana Policy, End Obstruction of Marijuana Research, and Base Marijuana Rescheduling on Science Rather than Ideology

CONTACT: Allen St. Pierre, Executive Director, 202-483-5500 or director@norml.org

WASHINGTON, DC – Today, a coalition of organizations supportive of medical marijuana patients and providers (see list of organizations below) are calling on President Obama to withdraw his nomination of Michele Leonhart to serve as administrator of the Drug Enforcement Administration (DEA). Ms. Leonhart, who is currently the DEA’s acting-administrator, has not demonstrated that she is capable of leading the agency in a thoughtful manner at a time when fourteen states have enacted medical marijuana laws and science is increasingly confirming the therapeutic benefits of the substance.

“It is clearly time for President Obama to insist that his appointees adhere to current Justice Department guidelines regarding state laws regulating the medical use of marijuana, and that marijuana be fairly evaluated by all federal agencies, based on science, not ideology,” said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (NORML), the nation’s oldest marijuana legalization lobby. “The Obama administration should be working with us to eliminate criminal penalties for the responsible use of marijuana by adults, regardless of whether it is medical use or otherwise.”

Under Leonhart’s leadership, the DEA has staged medical marijuana raids in apparent disregard of Attorney General Eric Holder’s directive to respect state medical marijuana laws. Most recently, DEA agents flouted a pioneering Mendocino County (CA) ordinance to regulate medical marijuana cultivation by raiding the very first grower to register with the sheriff. Joy Greenfield, 69, had paid more than $1,000 for a permit to cultivate 99 plants in a collective garden that had been inspected and approved by the local sheriff.

Informed that Ms. Greenfield had the support of the sheriff, the DEA agent in charge responded by saying, “I don’t care what the sheriff says.” The DEA’s conduct is inconsistent with an October 2009 Department of Justice memo directing officials not to arrest individuals “whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

Ms. Leonhart has also demonstrated that she is unable to be objective in carrying out the duties of the administrator as it relates to medical marijuana research. In January 2009, she refused to issue a license to the University of Massachusetts to cultivate marijuana for FDA-approved research, despite a DEA administrative law judge’s ruling that it would be “in the public interest” to issue the license. This single act has blocked privately-funded medical marijuana research in this country. The next DEA administrator will likely influence the outcome of a marijuana rescheduling petition currently before the agency. It is critical that an administrator with an open mind toward science and research is at the helm.

#   #   #   #   #

The following organizations are calling on President Obama to withdraw the nomination of Ms. Leonhart if she does not end the attacks on individuals acting in compliance with state medical marijuana laws and commit to making decisions related to medical marijuana based on science, not a personal anti-marijuana bias:

California NORML

Drug Policy Alliance (DPA)

Law Enforcement Against Prohibition (LEAP)

Marijuana Policy Project (MPP)

National Organization for the Reform of Marijuana Laws (NORML)

Students for Sensible Drug Policy (SSDP)

But it took until now for the federal government to finally admit it.

A spokesperson for the U.S. National Institute on Drug Abuse (NIDA) told The New York Times last week that the agency does “not fund research focused on the potential medical benefits of marijuana.”

Why is this admission so significant? Here’s why.

Under federal law, NIDA (along with the U.S. Drug Enforcement Administration) must approve all clinical and preclinical research involving marijuana. NIDA strictly controls which investigators are allowed access to the federal government’s lone research supply of pot – which is authorized via a NIDA contract and cultivated and stored at the University of Mississippi.

In short, no NIDA approval = no marijuana = no scientific studies. And that is, and always has been, the problem.

But to the folks over at NIDA, there’s no problem at all.

Speaking to The New York Times in a January 19, 2010 article entitled, “Researchers Find Medical Study of Marijuana Discouraged,” NIDA spokeswoman Shirley Simson said: “As the National Institute on Drug Abuse, our focus is primarily on the negative consequences of marijuana use. We generally do not fund research focused on the potential beneficial medical effects of marijuana.”

Since NIDA presently oversees an estimated 85 percent of the world’s research on controlled substances, the agency’s ban on medical marijuana research isn’t just limited to the United States’ borders; it extends throughout the planet.

Previous legal attempts to break NIDA’s bureaucratic logjam have failed to weaken the agency’s iron grip.

In 2007, U.S. DEA Administrative Law Judge Mary Ellen Bittner ruled that NIDA’s monopolization of marijuana research is not “in the public interest,” and ordered the federal government to allow private manufacturers to produce the drug for research purposes. But in January of last year, DEA Deputy Administrator Michele Leonhart set aside Judge Bittner’s ruling – stating that NIDA possesses “adequate” quantities of cannabis to meet the needs of clinical investigators, and that the agency monopoly on the distribution of marijuana for research is compliant with America’s international treaty obligations. (Notably, on January 26, 2010 President Barack Obama selected Leonhart to be the DEA’s full time Director.)

Most recently, in November 2009 the American Medical Association’s (AMA) Council on Science and Public Health declared, “Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis.”

However, the Council lamented that despite these encouraging preliminary results, “[T]here is a contrast between the relatively small number of patients who have been studied over the past 30 years in controlled clinical trials involving smoked cannabis and survey data from patients with chronic pain, multiple sclerosis, and amyotrophic lateral sclerosis that indicates a significant use of cannabis for self management.”

And just what is the precise reason for this “contrast?” The AMA failed to specify, but to anyone who has followed this issue, the answer is painfully obvious.

Nevertheless, the AMA still resolved, “[The] AMA urges that marijuana’s status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines.”

But since any future clinical trials would still require NIDA approval — approval that the agency admits won’t be coming any time soon — it remains unclear what effect, if any, the AMA’s declaration will have on facilitating medical marijuana research. If history is any guide, it’s unlikely that the AMA request — much like the cries of tens of thousands of patients before it — will have any effect on NIDA at all.

[FYI... You can also comment on this essay on Alternet.org's newly launched SpeakEasy blog here or on the Huffington Post here.]

Statement of R. Gil Kerlikowske
Director, National Drug Control Policy
Remarks at Release of the 2009 World Drug Report
June 24, 2009

It is a great pleasure for me to be here with UNODC Executive Director Antonio Costa for the release of the 2009 World Drug Report. I am also pleased that we can be joined today by Michele Leonhart, Acting Administrator of DEA, and William McGlynn, Principal Deputy Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs (INL). Congratulations to Antonio and his team in Vienna for putting together this very comprehensive document. As the report shows, every nation is affected by the drug problem.

As we approach June 26th, International Day Against Drug Abuse and Illicit Drug Trafficking, it is a good time to reflect on what we can do better. In the United States, we are moving away from divisive “drug war” rhetoric and focusing on employing all the tools at our disposal to get help to those who need it. We recognize that addiction is a disease and are seeking public health solutions. My top priority is to intensify efforts to reduce the demand for drugs which fuels crime and violence around the world.

As a long time police chief, I have seen up-close the terrible impact drugs have on individuals, families, and communities. The earlier we can intervene to get people help, the better – that’s why prevention through schools and the media, and screening for substance abuse problems in a wide variety of health care settings is so vital. We will be expanding these existing efforts and working to ensure drug abuse treatment services are incorporated into our national health care reform process. These efforts will include expanded work to address the abuse of pharmaceutical drugs, a problem of increasing concern within the United States.

Further, we will make sure those caught up in our criminal justice system due to their involvement in drugs get the help they need. Many of those with the underlying disease of addiction commit crimes and thus, frequently come into contact with the criminal justice system. We can no longer afford to simply incarcerate them, while leaving their addiction untreated and their problems unaddressed. We must seize the opportunity to provide evidence-based treatment – either out of jail through diversionary programs like drug courts, or while in jail – to set them on a path to recovery. The Obama Administration is focused on providing treatment for Americans in need so they can permanently break the cycle of addiction and crime.

Our new Fiscal Year 2010 Budget proposes doubling funding for adult, juvenile, and family drug court, tripling Federal support for treatment in state prisons, almost tripling prisoner re-entry funding, as well as $30 million to fund the recently enacted Second Chance Act to address drug-abuse related recidivism.

Internationally, the United States also recognizes its responsibilities. We will continue to provide assistance to partners in Mexico, Colombia, Peru, Afghanistan and elsewhere to reduce the flow of drugs and to bring violent drug traffickers to justice. The United States will work with our partners around the world to stop the flow of weapons associated with drug trafficking, the corrupting impact of the large illicit profits, and to curb the flow of precursor chemicals used to produce drugs.

We will also dedicate ourselves to assisting countries and regions, especially in the developing world, grappling with the terrible impact of the drug trade. West Africa is an example. UNODC has been instrumental in calling international attention to the dramatic rise in narco-trafficking through West African nations. Already, this increased trafficking has been harmful to stability and good governance. Though domestic consumption in West African nations is not significant yet, we know from experience elsewhere that transit states develop domestic markets. There are signs this is beginning to happen in West Africa. I am gratified that the EU has been taking steps to assist African nations. Let me make it very clear that the Obama Administration will be a strong partner in this effort. In fact, we are increasing our counternarcotics assistance to West Africa. The President’s FY 2010 Budget Request includes $6.7 million for counternarcotics efforts in West Africa.

We are eager to collaborate with the UNODC and to share with treatment providers from around the world the latest information on effective treatment and prevention modalities. Our National Institute of Drug Abuse sponsors over $1 billion in research each year, both in the United States and abroad, and we have a responsibility to get those findings out to the field, where it can be put to use.

There is much to be done, but I believe we are on the right track with current and new initiatives to make the drug problem smaller for the United States and the world. Thank you very much.

Let’s see if I’ve got this straight. The UN notes that decriminalization in Portugal “keep[s] drugs out of the hands of those who would avoid them under a system of full prohibition, while encouraging treatment, rather than incarceration, for users” and “It also appears that a number of drug-related problems have decreased.”

Our drug czar’s response is that we’re going to double funding for courts that sentence non-addicted non-problematic marijuana users to addiction treatment, when his own numbers show that 37% of pot smokers sentenced to treatment haven’t even used in the past thirty days and only 15% of those who seek marijuana addiction treatment do so voluntarily, and even that’s an overestimate since many of those 15% are coerced by reduced sentencing or emplyer pressure.

Our drug czar’s response is that we’re going to continue to pour money into “Mexico, Colombia, Peru, Afghanistan and elsewhere” enacting the same strategies of interdiction and eradication that haven’t worked in 70 years.

Our drug czar’s response is that we’re going to pump another $1 billion into NIDA to fund only research that shows purports to find harms from marijuana and none that prove its medical efficacy and relative social harmlessness.

Some of that is good to hear when you’re talking about heroin, cocaine, and meth. People are terribly physically addicted and getting rehab and help to stay clean will help reduce crime and decrease recidivism.

But when we’re talking about cannabis, the underlying premise that its responsible use by adults is somehow a social ill that must be cured is mistaken. Marijuana prohibition is a solution in search of a non-existent problem.

While campaigning for the US presidency, Barack Obama pledged not to “use Justice Department resources to try and circumvent state (medical marijuana) laws.”

Nearly three-quarters of the American public agrees with this position. According to a new national poll of 1,053 likely voters by Zogby International and commissioned by the NORML Foundation, seventy-two percent of voters say that President Obama should “stop federal raids against medical marijuana providers in the 13 states where medical marijuana has become legal.”

But since President Obama took office two weeks ago, the US Drug Enforcement Administration has undertaken at least seven separate raids of state-authorized medical marijuana providers in California and Colorado. Most recently, on Wednesday DEA officials — acting without the cooperation of state or local law enforcement agencies — served federal search warrants on at least four Los Angeles based medical marijuana collectives. Agents seized medicine, cash, financial records, and computers, but did not make any arrests.

Still with me? Good, because things are about to get even more confusing.

Today, in a front page article in The Washington Times White House spokesperson Nick Shapiro said, “The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind.”

Huh?

Okay, maybe I missed something but last time I checked Barack Obama is, in fact, the 44th President of the United States — which means he has the authority to tell both the US Department of Justice and DEA Acting Administrator Michele Leonhart: “No more raids. Period!” (NORML podcaster Russ Belville has already drafted Obama the requisite memo here.)

Or, if Obama doesn’t want to be the one who personally rains on the DEA’s eight-year parade, then he can demand his newly sworn in U.S. Attorney General Eric Holder to tell Ms. Leonhart and the DEA: “When President Obama says ‘no more raids,’ he means no more raids! Any more ‘smash and grabs’ in California — or any other state that’s legalized the medical use of cannabis — and you’re all out of your jobs. Got it?”

Of course, given the likelihood that President Obama won’t be making such demands of his new Attorney General any time soon, why don’t you?

Click here and tell US Attorney General Eric Holder to uphold the will of the President and the public. It’s time for the DEA to stop circumventing state medical marijuana laws. It’s time for the raids to come to an end.

As president, Obama can also support scientific, clinical research into the medical properties of cannabis by encouraging the DEA to abide by the February 2007 ruling of the agency’s own administrative law judge, which found that it would be “in the public interest” to allow private entities to grow medical-grade cannabis for FDA-approved trials.

Thanks to a parting shot by outgoing DEA Deputy Administrator Michele Leonhart, the new administration may never get that opportunity.

On Wednesday, January 7th, Ms. Leonhart published a 118-page decision setting aside DEA Administrative Law Judge Mary Ellen Bittner’s 2007 ruling. The DEA’s decision constitutes a formal rejection of University of Massachusetts at Amherst Professor Lyle Craker’s petition, filed initially June 24, 2001, to cultivate research-grade marijuana for use by scientists in FDA-approved studies aimed at developing the drug as a legal, prescription medication.

To those not wholly familiar with this case and Judge Bittner’s ruling, here’s how I initially reported on it:

[Judge Bittner's] ruling affirms that the DEA in 2004 improperly rejected an application from the University of Massachusetts (UMass) at Amherst to manufacture cannabis for FDA-approved research.

Bittner opined: “I conclude that granting Respondent’s application would not be inconsistent with the Single Convention, that there would be minimal risk of diversion of marijuana resulting from Respondent’s registration, that there is currently an inadequate supply of marijuana available for research purposes, that competition in the provision of marijuana for such purposes is inadequate, and that Respondent has complied with applicable laws and has never been convicted of any violation of any law pertaining to controlled substances. I therefore find that Respondent’s registration to cultivate marijuana would be in the public interest.” (emphasis mine)

… Because Judge Bittner’s 2007 ruling is non-binding, the DEA has no deadline to act on it.

Under current policy, all federally approved research on marijuana must utilize cannabis supplied by and grown under contract with the US National Institute on Drug Abuse (NIDA). By contrast, other controlled substances – including LSD, heroin, and MDMA (Ecstasy) – are available to researchers from multiple private manufacturers.

In 2004, the agency’s director, Nora Volkow, stated that it is “not NIDA’s mission to study the medical uses of marijuana.”

In her rejection of Judge Bittner’s ruling, Deputy Administrator Leonhart makes it clear once again that politics — not science — continue to govern America’s policies toward the research and use of medicinal cannabis.

For further information on this breaking story, please tune in to this evening’s edition of the NORML Daily Audio Stash.