Are The Feds Finally Recognizing Medical Marijuana?

  • by Allen St. Pierre, Former NORML Executive Director August 9, 2009

    While states like Michigan, New Mexico and Rhode Island have recipriocity for out-of-state medical cannabis patients, to date NORML was not aware of a AUSA recognizing such (though, on occasion, we’ve seen the Transportation Security Administration (TSA) not act upon medical cannabis patients caught with small amounts of their medicine). This may well be another change under the current Obama administration as both the Clinton and Bush 2.0 administrations prosecuted state authorized medical cannabis patients caught up in federal arrests.


    On June 30, 2009 in the Federal District Court of New Mexico, Assistant US Attorney John Anderson agreed, on the record, to Honor the Medical Marijuana Recommendation of Charles Smith of Shasta Lake, California. Federal District Court Magistrate Judge Lorenzo Garcia further agreed to accept the State’s proposed recommendation of a Conditional Discharge upon provision of Mr. Smith’s Medical Marijuana Recommendation to the US Attorney’s office. This historic moment occurred during the federal Government’s prosecution of cases related to the Annual Rainbow Gathering that occurs in different states around the country and involves a large Federal Law Enforcement presence. The cases were prosecuted as civil collateral forfeitures and the records have been transferred to the Central Violations Bureau for the Federal Government. Five Medical marijuana recommendations were honored including those from Wyoming, California, Hawaii and Washington State. This is the first time in modern history, in which it is known that the US Attorney and the Federal District Court agreed to accept medical marijuana recommendations and licenses in order to dismiss marijuana possession charges.

    This historic series of events followed the filing of a law suit by Bryan Krumm of New Mexicans for Compassionate Use in New Mexico Federal District Court in 2008. During those proceedings members of New Mexicans for Compassionate Use were able to speak to Justice Department representatives about the statements in March of 2009 by Eric Holder, US Attorney General, that medical marijuana would no longer be prosecuted. After this conversation in May of 2009, Attorney General Holder came to New Mexico in June of 2009 and again gave a public presentation on the matter stating that legally established medical marijuana distribution operations and legally sanctioned medical marijuana users (all under state laws), would not be prosecuted by the Federal Government. During the proceedings it was revealed that the AUSA’s prosecuting the cases in New Mexico told Defendants that they were not returning the medicine and that they would be prosecuted if they were caught with Marijuana in the National Forest again. During discussions with the US Attorney and his Assistants at the Court, long time Federal Criminal Defense Attorney Judy Rosenstein discovered that the US Attorney for New Mexico, Gregory J. Fouratt, was not involved in that decision to impose conditions on the Defendants.

    Contact Attorney John McCall for more information on this case. Charles Smith has given permission for this information to be released to the public and is available, somewhere in the woods around Shasta Lake, if you want to find him and talk to him about his experience.

    You can go to Youtube Lisa Law for video of the Rainbow Gathering and Law Enforcement activities.

    80 responses to “Are The Feds Finally Recognizing Medical Marijuana?”

    1. adle1984 says:

      YAY!!! I’m so glad to hear this news. Progress! Reform! Justice! The end to Prohibition! It’s coming friends, it’s coming! Keep up the good fight!

    2. Mark, Glenolden, PA says:

      Time to PUT UP or SHUT UP!!!!!

      I “PUT UP”..
      Now it’s YOUR turn:


    3. Chrokee Fred Jesus says:

      HOT DAMN!! Something that makes sense maybe there is hope!! Don’t let up do all you can in the fight to stop the greed that rules our country. It is time to end the racist War On US (drugs). Think of all the people we could stop putting in jail for making a personal choice!!

      Cherokee Fred Jesus

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    5. So a medical marijuana recommendation from a non-medical marijuana state (Wyoming) was honored? This is another one of those tiny things that will be touted decades from now as one of those important and pivotal baby steps towards the goal of responsible personal freedom.

    6. Kyle says:

      Stories like this will inspire excellent media coverage as it has two positive perceptible sides to it; the feds look good because they are accepting the inevitable fact or they look like the evil big brother when they prosecute medical marijuana users.
      Others like “Is Medical Marijuana effective” inspire a debate on whether it is a viable medicine or just a way to get high.

    7. Rebel with a cause says:


      That tyrrant is the “shadow government” that has the entire world in its clutches. That “shadow government” shall hereinafter be referred to as “My Eveil Brother.”

      Our leaders are elected by the governed, to satisfy our false illusions of liberty, and our fantacy of individual freedom. Once We the People are satisfied with our false conception of our right to govern ourselves, those elected leaders then follow the will of My Evil Brother. The Will of the People, is the Will of My Evil Brother only.

      When men are ruled by men, conflict exists. The art of separation creates enemies, and enemies are easily controlled, especially when conflict requires funding.

      Logic carries no weight. Only the weight of the stone cast at us, or the lash of the whip across our backs, satisfy My Evil Brother. Today…My Evil Brother is intent upon taking away our last liberties, and controlling our lives and our possessions. Whether we like it or not…”WE HAVE BECOME A CONTROLLED MASS.”

      We are taught what My Evil Brother wants to teach us…what he wants us to believe. We are guided by the laws My Evil Brother decides we shall follow, and enforced by My Evil Brother’s police state. We go to war, and sacrafice our lives for My Evil Brother’s propensity for world domination. My Evil Brother dulls out small choices to satisfy our so-called free will, and our desires, but those small choices exist only at My Evil Brother’s will…not ours. My Evil Brother dominates every aspect of our lives.

      Now…we come to the realization, and the understanding that cannabis is not a small choice My Evil Brother offers us. We suffer the consequences because of My Evil Brother’s will. That will is based on the huge profits generated by our cravings and our addictions. Of course…cannabis is excluded from the addictoon argument, nevertheless, cannabis is the most widely used substance in the world, and that means undeterminable amounts of money spread all around the world. Often…that money funds “Unauthorized operations” not approved by We the People (Congress). But…when you think about it, who needs congressional approval, the money is unaccountable, it’s “Dark money.” Yet…We the People are still picking up the tab for its prohibition. It’s best said…”They have their cake and are eating it too.”

      But finally…My Evil Brother has “PROVEN” to We the People…by a dramatic demonstration of his prohibition that “We the People must take care of ourselves.” It’s not important to us anymore that My Evil Brother “Care about us.” His mendacious concern is considered to be unacceptable. Unacceptable is to say…”Direct your concerns elsewhere…take your little act down the road.” Our elected representatives, My Evil Brother’s court, has totally failed to accomplish the objectives we have elected them to achieve. What is important to We the People is that My Evil Brother “UNDERSTAND WHY” We the People “BEHIND THE GREEN DOOR” have our unobstructed. protectable medical rights. Whether he wants us to have them or not, makes little or no difference to We the People anymore. We are going to have that right at all costs. My Evil Brother does not have the right, or my consent to hold me to his prohibition. So! My Evil Brother can call this a grievance, a mandate, a that’s that, a deal with it, or whatever, whatever he wants to call it. THAT’S ENOUGH, AND ENOUGH IS ENOUGH. The line is drawn in the sand. Freedom is just another word for nothing else to lose. And…shouldn’t My Evil Brother, and his band of evil doers be in front of a Ethics Committee. God will be the judge, angels will be the jury, and Satin will be the prosecutor…IN THE FINAL JUDGMENT.

    8. Mark, Glenolden, PA says:

      Oh, and BTW, I sent the above video to Obama.

    9. Motley says:

      The winds of a new beginning are blowing…