MEDICAL MARIJUANA - NEW BOSS TELLS DEA TO BACK DOWN

US Attorney General Eric Holder recently signaled federal changes in
medical marijuana policy. Holder said, "The policy is to go after
those people who violate both federal and state law"; but the Drug
Enforcement Agency (DEA) will still target anyone who tries to "use
medical marijuana laws as a shield" for other illegal activity.
"Given the limited resources that we have, our focus will be on
people, organizations that are growing, cultivating substantial
amounts of marijuana and doing so in a way that's inconsistent with
federal and state law."

"... Federal and State Law ..."

Many have been waiting for a statement regarding President Obama's
drug policy toward medical marijuana, since Candidate Obama
repeatedly promised changes in federal policy toward medical
marijuana states. Now, in Attorney General Holder's statement, they
have it. Graham Boyd, director of the American Civil Liberties Union
drug law project, said Mr. Holder's remarks create reasonable balance
between conflicting state and federal law while finally ending the
policy war over medical marijuana.

Ethan Nadelmann, founder of the Drug Policy Alliance, said Mr.
Holder's statement signaled a shift in policy by telling the DEA that
it should leave alone legitimate medical cannabis growers. "Attorney
General Holder is saying something explicitly different from both
Bush and Clinton," Nadelmann said. "He's saying that these medical
marijuana laws are kosher by state law and we're not going after
those. He's saying federal law doesn't trump state laws on this."

Naturally, federal law enforcement has its own interpretation. DEA
spokesperson, Garrison Courtney, pointed out that Mr. Holder's
statement indicated that federal authorities would continue to go
after marijuana dispensaries that break state and federal laws by
selling to minors, selling excessive amounts or selling marijuana
from unsanctioned growers.

DEA:Occupying Foreign Army

Meanwhile, recently, the DEA ransacked a dispensary that had violated
no state laws according to California authorities. Tellingly, local
law enforcement did not participate in the raid, while local
authorities condemned the DEA for it.

Although thirteen states permit medicinal use of marijuana,
California is unique, allowing dispensaries to sell marijuana to
qualified patients. US attorney for Los Angeles, Thom Mrozek, said
his office has prosecuted only four medical marijuana dispensary
cases since the passage of Proposition 215, the 1996 ballot measure
that legalized medical marijuana in California. What he failed to say
was the feds can't count on jury convictions because most
Californians see the DEA as an occupying foreign army. Therefore, the
DEA uses vandalism of dispensaries and forfeiture threats rather than
typical police arrests to curtail cannabis sales. As a result
marijuana prohibition has changed community policing into
snitch-based paramilitary combat against American citizens.

Special Interest Lobby: Marijuana

Mark Agrast, a senior fellow at the Center for American Progress
think tank in Washington DC, said Mr. Holder's statement indicated a
more pragmatic and less ideological approach to drug enforcement.
"This is an example of recognizing the limited resources they have,
so they have to make decisions about the soundest use of available resources."

If only it were as easy as pointing to limited resources and using
tax dollars more wisely. The reality is that law enforcement is a
powerful special interest lobby and marijuana prohibition is a huge
budget item for these lobbyists to lose. Unfortunately, politicians
are swayed by this lobby and do not want to appear "soft on crime".
So the public must say NO to the war on medical marijuana and give
lawmakers the courage to end medical marijuana prohibition.

Moreover, states should be laboratories to seek solutions that allow
for medical needs, personal privacy, and industrial use of cannabis.
Public safety must be guided by science rather than hysterical
presentations from law enforcement and other reefer-madness special
interest groups. But first of all, the DEA must end the ransacking of
marijuana dispensaries that comply with local regulations.

It will take time to see what impact the Obama presidency has on
medical marijuana. Voters must remind Obama they want peace and
prosperity rather than spending tax revenue to persecute the sick.
Less federal interference in state medical marijuana laws may lead to
greater scrutiny from state and local regulators. Advocates need to
be alert to negotiate fair regulations that advocate for patients
while recognizing concerns of the community.

One hopes the signal from Washington DC resonates in Oregon so state
lawmakers respect Oregon voters when we said in 1998 that marijuana
should be treated like other medicines. Advocates for medical
marijuana are growing stronger and our cause is just. But for us to
win the peace; we must engage in politics, tirelessly advocate for
the sick, and consistently support our allies.