Obama’s Opportunity: Will the White House Snub Marijuana Yet Again?

Last week, the White House launched the next in its long line of social media engagement initiatives, this one entitled “Your Interview With the President.” The concept was simple, anyone could upload their question to the President on YouTube, others would vote on them, and the highest rated ones would be posed to the Commander in Chief in a Google+ Hangout on January 30th.

This seemed to be a logical opportunity to ask the administration about marijuana legalization. Last Tuesday, I posted NORML’s question to the White House YouTube page for consideration. We asked, “With over 850,000 Americans arrested in 2010, on marijuana charges alone, and tens of billions of tax dollars being spent locking up marijuana users, isn’t it time to regulate and tax marijuana?”

The reception was overwhelmingly positive, in just several hours the question received over 4,000 “thumbs up” votes and was one of, if not the, most popular question on the service. Then a peculiar thing happened, the question was removed. After becoming the most positively voted upon question in less than a day, the White House removed the question, deeming it “inappropriate.”

We informed our audience of the censorship and encouraged them to engage the White House on their own, using our question or a one of their own choosing. Over the next several days the program was inundated with marijuana law reform questions. At first, many met the same fate as our original question and were removed from the site. It seems our persistence ended up paying off and the page administrator finally gave up trying to censor the incoming questions and most marijuana inquiries have remained up since.

Voting closed last night at midnight and I made some rough calculations of the final results to see how we performed. Of the top 160 questions asked, marijuana reform questions accounted for 105 of them. Reposts of our question brought in an estimated 17,524 up-votes in addition to the 4,028 the original received before being removed. Combined, that is over 21,000 votes for one question, which is 5 times as many votes as any other question on the page. The 105 marijuana reform questions in the top 160 brought in over 74,000 votes, dwarfing any other topic. Our friends at LEAP posted a question as well and it ended as one of the top rated questions. You can read their coverage here.

Now, we wait. “Your Interview With the President” is scheduled to take place tomorrow, January 30th. Considering this is the same individual who previously stated that, “we need to rethink and decriminalize our marijuana laws” and that legalization is a “perfectly legitimate topic for debate,” maybe he will take this opportunity to address the issue seriously for once. In an election year, this could go a long way towards winning back those who feel disenfranchised with the administration over a perceived lack of progress on the issue and amped up raids on medical programs in states such as California and Colorado.

The American people are ready for our debate Mr. President, are you?

Justice Department Formally Threatens State-Licensed Colorado Cannabis Providers

In December I blogged about rumors that the Obama Justice Department was finalizing plans to expand its recent crackdown on medical cannabis producers and providers to include state-licensed facilities in Colorado. Today, the federal government made good on its threats.

According to numerous media reports, federal authorities today issued warning letters to 23 state-licensed dispensaries in Colorado stating that “action will be taken to seize and forfeit their property” if they continue operating within 1,000 feet of a school. The letters, sent by U.S. Attorney John Walsh, say that the dispensaries have 45 days from today to close shop or face federal sanction.

It states, in part:

“Federal law prohibits the manufacture, distribution, and possession of marijuana. … (This) dispensary is operating in violation of federal law, and the department of Justice has the authority to enforce federal law even when such activities may be permitted under state law. Persons … who operate or facilitate the operation of such dispensaries are subject to criminal prosecution and civil enforcement actions under federal law. Moreover, because the dispensary is operating within 1,000 feet of a school, enhanced federal penalties apply.

… This letter … constitutes formal notice that action will be taken to seize and forfeit (your) property if you do not cause the sale and/or distribution of marijuana and marijuana-infused substances at (this) location to be discontinued.”

While the federal government in recent months has utilized similar tactics to close down cannabis providers in California and has also coordinated DEA-led raids of dispensaries in other states, most notably in Washington and Montana, today’s efforts mark the first time that the federal authorities have specifically targeted facilities that are operating explicitly under a state license. (To date, only officials in the states of Colorado, Maine, and New Mexico have formally issued licenses to authorized cannabis providers.) It is estimated that that some 700 state licensed dispensaries are presently operating in Colorado.

Once again, the federal government’s actions belie the administration’s claim that it only intends to target those medical cannabis operators that “use marijuana in a way that’s not consistent with the state statute.” In this case, the operations in question were grandfathered in under local or state regulations. They are acting in compliance with state law and explicitly with the state’s permission.

Nonetheless, the imprimatur of the state apparently carries little if any weight with the Obama administration, whose first priority in Colorado appears to be matters of zoning enforcement.

Legislating medical marijuana operations and prosecuting those who act in a manner that is inconsistent with state law and voters’ sentiment should be a responsibility left to the state and local officials, not the federal government. It is time for this administration to fulfill the assurances it gave to the medical cannabis community and to respect the decisions of voters and lawmakers in states that recognize its therapeutic efficacy.

2011: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 NORML Sues to Halt Government’s Prosecution of Medical Cannabis Providers
In October, the United States Deputy Attorney General, along with the four US Attorneys from California, announced their intentions to escalate federal efforts targeting the state’s medical cannabis dispensaries and providers. In response, members of the NORML Legal Committee filed suit in November against the federal government arguing that its actions were in violation of the Ninth, Tenth, and Fourteenth Amendments of the US Constitution. Plaintiffs further argued, using the theory of judicial estoppel, that the Justice Department had previously affirmed in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law. NORML’s lawsuit remains pending. Read the full story here.

#2 Members of Congress Introduce First Bill Since 1937 to Legalize Cannabis
House lawmakers introduced legislation in Congress in June to end the federal criminalization of the personal use of marijuana. The bipartisan measure – HR 2306, the ‘Ending Federal Marijuana Prohibition Act of 2011′ – prohibits the federal government from prosecuting adults who use or possess cannabis by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. The bill awaits Congressional action. Read the full story here.

#3 Gallup: Majority of Americans Support Legalizing Cannabis
A record 50 percent of Americans now believe that marijuana ought to be legalized for adult use, according to a nationwide Gallup poll of 1,005 adults published in October. The 2011 survey results mark the first time ever that Gallup has reported that more Americans support legalizing cannabis (50 percent) than oppose it (46 percent). Read the full story here.

#4 Over One Million Americans Now Use Cannabis Legally Under State Law
Between one million to one-and-a-half million US citizens are legally authorized by the laws of their state to use marijuana, according to data compiled in May by NORML from state medical marijuana registries and patient estimates. Read the full story here.

#5 Marijuana Prosecutions For 2010 Near Record High
Police made 853,838 arrests in 2010 for marijuana-related offenses according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released in September. The annual arrest total is among the highest ever reported by the agency. Marijuana arrests now comprise more than one-half (52 percent) of all drug arrests in the United States. Read the full story here.

#6 Largest State Doctors Association Calls For Legalizing Cannabis
The California Medical Association in October called for the “legalization and regulation” of cannabis for adults. The association, which represents some 35,000 physicians, recommends that cannabis be taxed and regulated “in a manner similar to alcohol.” Read the full story here.

#7 Connecticut Decriminalizes Cannabis Possession Offenses
Statewide legislation took effect in July reducing the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. Read the full story here.

#8 Vaporized Cannabis Augments Analgesic Effect of Opiates in Humans
Vaporized cannabis significantly augments the analgesic effects of opiates in patients with chronic pain, according to clinical trial data published online in the journal Clinical Pharmacology & Therapeutics in November. Investigators surmised that cannabis-specific interventions “may allow for opioid treatment at lower doses with fewer [patient] side effects.” Read the full story here.

#9 State Governors Call on Obama Administration to Reclassify Cannabis
In December, governors from Rhode Island, Vermont, and Washington formally requested the Obama administration to reclassify cannabis under federal law in a manner that would allow states to regulate its therapeutic use without federal interference. The administration in July had previously rejected a nine-year-old petition calling on the agency to initiate hearings to reassess the present classification of marijuana as a schedule I controlled substance without any ‘accepted medical use in treatment.’ Read the full story here.

#10 Delaware Becomes 16th State to Legalize Limited Medical Use of Marijuana
State lawmakers in May approved legislation to allow patients with a qualifying illness may legally possess up to six ounces of cannabis, provided the cannabis is obtained from a state-licensed, not-for-profit ‘compassion center.’ The law is anticipated to be implemented in 2012. Read the full story here.

President Obama: End Your War on Cannabis Patients

Over the past several months, the Federal government escalated its war against medical marijuana to previously unseen heights. The Drug War machine kicked into high gear starting in October when the IRS began applying an obscure part of the US tax code, meant to target drug cartels, against medical dispensaries in attempts to shut them down. The Bureau of Alcohol, Tobacco and Firearms joined in the fight when it issued a heavy handed one page memo to every gun and ammunition dealer nationwide informing them that they must, by law, deny sales to lawful medical cannabis patients. 

The hammer really fell when the US Attorneys for the four federal districts in California formally announced a crackdown on medical marijuana dispensing operations and began issuing memos threatening operators and landlords of these properties. Threats were even waged against news publications who ran advertisements for medical marijuana businesses. All of this in an environment where over 70% of Americans support medical use of cannabis, the country’s largest physicians group endorsed full legalization, and at least four governors are petitioning the DEA to reclassify marijuana based on overwhelming evidence of its medicinal value. Unfortunately, It doesn’t appear an end is in sight as new threats of intervention are looming in Colorado. 

That is why today, in cooperation with other reform organizations, NORML is encouraging you to contact President Obama and tell him to end his administrations war on cannabis patients.  Click here to use NORML’s Take Action Center to directly email the below letter to the White House and tell President Obama to stand by his promise to not interfere with state medical marijuana laws.

Dear President Obama:

I urge you to end your war on medical marijuana patients. More than 70 percent of Americans are in favor of legal medical marijuana. 16 states and the District of Columbia have passed medical marijuana legislation.

At least four governors are petitioning the DEA to reclassify marijuana based on overwhelming evidence that it has medicinal value. While this reclassification is pending, your Administration should respect — not attack –state medical marijuana laws that provide patients with safe and reliable access to this medicine.

Given the fiscal crisis our country finds itself in, it doesn’t make sense to waste federal tax dollars and law enforcement resources interfering with state medical marijuana laws.

The Next State In The Federal Government’s Crosshairs Is Colorado

In recent months, the federal Justice Department has engaged in concerted efforts to crack down on the proliferation of medical cannabis related activities in states that allow for its therapeutic use under state law, including California, Montana, and Washington.

Now, according to a CBS News report, the next state on the federal government’s ‘hit list’ is Colorado — arguably the state with the most comprehensive and stringent statewide regulations governing medical cannabis activities. These regulations explicitly license state-authorized cannabis dispensaries, of which there are now some 700 operating statewide.

Nonetheless, the imprimatur of the state apparently carries little if any weight with the Obama administration at this time — despite promises (reiterated before Congress just last week by US Attorney General Eric Holder) that such prosecutions are “not a (federal) priority” and that the Justice Department only intends to target those entities who “use marijuana in a way that’s not consistent with the state statute.”

Predictably, today’s CBS special report tells a different story.

Crackdown On Colorado’s Medical Pot Business On The Horizon
via CBS News Denver

Federal authorities are planning to crack down on the medical marijuana business in Colorado on a large scale for the first time.

Warning letters will be going out to dispensaries and grow facilities near schools, CBS4 investigator Rick Sallinger has learned. So far it’s not clear how soon that will happen.

Dispensaries that receive the letters will be given 45 days to shut down or move operations. If they don’t comply, they will be shut down by the U.S. attorney in Colorado.

The dispensaries who are set to be targeted are the ones that are located within 1,000 feet of schools. That measurement is being used because that distance already appears in federal law as a factor in drug crime sentencing.

The move comes after the Justice Department sent out a memo clarifying that marijuana has been and remains illegal under federal law despite what has taken place with state regulations. Colorado is one of 16 states where medical marijuana laws have been approved.

Many of the state’s dispensaries that are closer than 1,000 feet to a school have already been approved to be there under local laws. They usually have been grandfathered in.

… Robert Corry, an attorney who represents dispensaries, said medical marijuana operations are now strictly regulated under Colorado state laws.

“The federal apparatus here has better things to do,” said Corry. “My reaction would be the federal government is essentially declaring war on the voters of our state (who) passed a Constitutional amendment.”

U.S. attorneys in California recently announced in a separate medical marijuana crackdown that they would be targeting landlords who rent retail space to dispensaries, as well as dispensary owners themselves.

Does anyone really believe that this is an appropriate use of scarce federal resources? Or that these actions are in any way consistent with Obama’s public pledge to cease utilizing “Justice Department resources to try and circumvent state laws on this issue?” I didn’t think so.

If the federal government is truly concerned about the diversion of
medical marijuana or its potential abuse in states that have authorized it then it would be better served to encourage — rather than to discourage — statewide and local efforts to regulate these actions accordingly. The Obama administration’s enforcement actions in California, Colorado, and elsewhere will only result in limiting adults’ regulated, safe access to cannabis therapy. It will also cost local jobs and needed tax revenue, and likely result in hundreds — if not thousands — of unnecessary criminal prosecutions.

Legislating medical marijuana operations and prosecuting those who act in a manner that is inconsistent with state law and voters’ sentiment should be a responsibility left to the state and local officials, not the federal government. It is time for this administration to fulfill the assurances it gave to the medical cannabis community and to respect the decisions of voters and lawmakers in states that recognize its therapeutic efficacy.