OBAMA ADMINISTRATION TELLS N.J. TO KEEP MEDICAL MARIJUANA PROGRAM
SMALL AND CONTROLLED

TRENTON "" State medical marijuana programs and the people who work
for them are not likely to run afoul of federal law if they keep
their operations small and controlled, and don't allow growers to
create "industrial marijuana cultivation centers," according to an
eagerly-awaited letter from the Obama administration.

The letter, obtained by The Star-Ledger this evening, comes more than
two months after state Attorney General Paula Dow asked the Obama
administration whether New Jersey's future medical marijuana program
could violate federal law.

Gov. Chris Christie has said he would delay the program until the
federal government assures him it won't prosecute anyone employed by
the program. Possession and distribution of marijuana is a federal
crime, even though 16 states have passed laws making it available to
select patients.

In 2009, the Obama administration issued a memo saying it would not
devote law enforcement time and money to arresting and prosecuting
people involved in legitimate medical marijuana activities. But
subsequent memos issued in April seemed to suggest federal law
enforcement was not willing to give a blanket immunity to such programs.

U.S. Attorney Paul Fishman sent the letter to Dow this evening. A
spokesman for Dow could not immediately be reached for comment.

Deputy U.S. Attorney General James Cole, in a letter addressed to
every state attorney general, reaffirmed "it is likely not an
efficient use of federal resources to focus enforcement efforts on
individuals with cancer or other serious illnesses who use marijuana
as part of a recommended treatment regimen ... and their caregivers."

But the large-scale growing and scaling activity seen in some states
troubles the Obama administration, according to Cole's letter.

"There has, however, been an increase in the scope of commercial
cultivation, sale, distribution, and use of marijuana for purported
medical purposes," according to the letter. "For example, within the
past 12 months, several jurisdictions have considered or enacted
legislation to authorize multiple, large-scale, privately operated
industrial marijuana cultivation centers. Some of these planned
facilities have revenue projections of millions of dollars based on
the planned cultivation of tens of thousands of cannabis plants."

The earlier memo "never intended to shield such activities from
federal law enforcement and prosecution, even when these activities
purport to comply with state law," according to the letter.

There are six approved alternative treatment centers operators in New
Jersey "" the nonprofit companies that will grow and sell the drug ""
that are preparing to launch their operations sometime this summer.

Roseanne Scotti of Drug Policy Alliance New Jersey said her reading
of the letter suggests New Jersey workers and the program itself are safe.

"This is laying out explicitly who is at risk," Scotti said. "If you
are planning on growing tens of thousands of plants and making
millions of dollars, you are going to be under the purview of federal
law enforcement. That is not what is planned for New Jersey."

"I would implore Governor Christie, beg Gov. Christie to move forward
with this program with all possible speed. The people we represent
are on the phone to us crying. They do not have a hangnail. They have
diseases like ALS, which is the worst disease in the world," Scotti said.

In an appearance on the "On the Line" call-in show broadcast on PBS
stations on June 16, the governor said he would delay the program
until he got a clear indication whether New Jersey people working in
and using the program would get into trouble. "Until I get that
assurance, I cannot ask people to do things that they might get
prosecuted by federal prosecutors."

"What happens if they get arrested and I ordered them to do it?
That's wrong," Christie said.

The confusion arose in April, after the Washington governor and
Oakland city officials asked the Obama administration whether federal
law enforcement officials would target their legitimate medical
marijuana programs.

The Justice Department replied by repeating earlier assertions that
patients legally using a program would not be targeted. But it
stressed no one would get a blanket immunity.

"We maintain the authority to enforce the Controlled Substance Act
vigorously against individuals and organizations that participate in
unlawful manufacturing and distribution activity involving marijuana,
even if such activities are permitted under state law," according to
the Justice departments letter to California and Oakland.

Gov Chris Christie says he is doesn't want state employees prosecuted
by feds for medical marijuana implementation In this video clip from
an hour long call in show with Steve Adubatao, Gov Chris Christie
said that the state has written two letters to the federal government
asking for a guarantee that state employees will not be prosecuted at
the federal level when the state implements its medical marijuana
program. Christie does not want the program active without a response
because he doesn't want state employees prosecuted.

Dow sought clarification on what Holder's letter meant.

"As the state's chief legal adviser to all of the departments in the
Executive Branch, many of which are participating in carrying out the
medical marijuana legislation, it is critical that I properly advise
them as to the potential criminal and civil ramifications of their
actions in carrying out their duties," according to Dow's April
letter. "Accordingly, I ask that you provide me with clear guidance
as to the enforcement position of the Department of Justice relative
to New Jersey's medical marijuana legislation and the scope of the
entities and individuals who may be subject to civil suit or criminal
prosecution."

Christie has made no secret he does not believe the law New Jersey
enacted before he took office is restrictive enough to prevent the
program from being abused by recreational marijuana users.

The law's proponents argue New Jersey's law is the most restrictive
in the country, and Christie's request for guidance was another way
to delay the program.

Medical marijuana laws have passed in Alaska, Arizona, California,
Colorado, Washington D.C., Delaware, Hawaii, Maine, Michigan,
Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island,
Vermont and Washington.