U.S. ATTORNEY: JUSTICE DEPARTMENT CONSIDERS MEDICAL MARIJUANA TO BE
ILLEGAL

HELENA -- The U.S. Justice Department will prosecute individuals and
organizations involved in the business of any illegal drug, including
marijuana used for medical purposes permitted under state law, Michael
W. Cotter, U.S. attorney for Montana, said in a letter to top
legislative leaders Wednesday.

In another development on marijuana Wednesday, Gov. Brian Schweitzer
said he is likely to make some amendatory vetoes suggesting changes to
the medical marijuana bill moving through the Legislature.

Senate Bill 423, by Sen. Jeff Essmann, R-Billings, is the last
surviving bill to repeal Montana's medical marijuana law and enact a
new one that would impose far stricter regulations and make it much
tougher for people to obtain cards to use medical marijuana.

Earlier this week, Senate President Jim Peterson, R-Buffalo, and House
Speaker Mike Milburn, R-Cascade, wrote Cotter to ask for his guidance
as the Montana Legislature completes work on SB423.

In 2004, Montanans voted, 62 percent to 38 percent, to legalize the
use of marijuana for medical purposes. Since the fall of 2009, the
number of medical marijuana cardholders has skyrocketed to nearly
30,000 last month.

Cotter said the Justice Department has not reviewed the specific
legislative bill. But he said the U.S. Justice Department "has stated
on many occasions that Congress placed marijuana in Schedule I of the
Controlled Substances Act (CSA) and as such, growing, distributing and
possessing marijuana in any capacity, other than as part of a
federally authorized research program, is a violation of federal law,
regardless of state laws that purport to permit such
activities."

Cotter went on to say, "The prosecution of individuals and
organizations involved in the trade of any illegal drugs and the
disruption of drug trafficking organizations is a core priority of the
department."

This core priority, he said, "includes prosecution of business
enterprises that unlawfully market and sell marijuana."

"While the department generally does not focus its limited resources
on seriously ill individuals who use marijuana as part of a medically
recommended treatment regimen consistent with applicable state law, as
stated in the October 2009 Ogden Memorandum, we maintain the authority
to enforce the CSA against individuals and organizations that
participate in unlawful manufacturing and distribution activity
involving marijuana, even if such activities are permitted under state
law," Cotter said.

Cotter added, "The department's investigative and prosecutorial
resources will continue to be directed toward these
objectives."

In mid-March, federal law enforcement authorities raided 26 medical
marijuana growing and dispensary operations in 13 Montana cities. They
said they had probable cause that these businesses were engaged in
large-scale trafficking.

Cotter said then that the search warrants executed were the
culmination of an "18-month, multi-agency investigation into the drug
trafficking activities of criminal enterprises." He said civil seizure
warrants also were executed for financial institutions in Bozeman,
Helena and Kalispell that sought up to $4 million.

Regarding the bill before the Legislature, Schweitzer said he probably
would have some amendments when SB423 reaches him after passing both
legislative houses next week.

"They're moving to a 'grow-your-own' (marijuana system)," Schweitzer
said. "It does concern me. I don't know if it will end up being 2,000
patients or 30,000 patients growing their own."

He said that would make it harder to regulate than having a smaller
number of producers growing for more people.

"We have some ideas that we think will make it better," Schweitzer
said.