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News (Media Awareness Project) - US CA: Feds More Strict On Medical Pot
Title:US CA: Feds More Strict On Medical Pot
Published On:2011-07-02
Source:Record Searchlight (Redding, CA)
Fetched On:2011-07-03 06:02:13
FEDS MORE STRICT ON MEDICAL POT

Medical Marijuana Legal in 16 States, D.C.

Federal prosecutors have tightened their stance on states' medical
marijuana laws, saying lax enforcement has created an environment
where "large-scale, privately operated industrial marijuana
cultivation centers" are booming businesses worth millions of dollars.

The move was applauded Friday by local law enforcement officials.

"It's about time," said Shasta County Sheriff Tom Bosenko.

In a memo sent Wednesday to federal law enforcement officials and
prosecutors, Deputy U.S. Attorney General James M. Cole clarified the
Justice Department's position on medical marijuana, saying federal
prosecutors should still use discretion about prosecuting those
labeled as "caregivers" under state medical marijuana laws, but it's
OK to charge those involved in the illegal distribution and sale of
marijuana. Cole says doing so is "a serious crime" that "provides a
significant source of revenue to large scale criminal enterprises,
gangs and cartels."

Marijuana is illegal under federal law, but 16 states and the
District of Columbia have passed laws legalizing medical marijuana.

California voters legalized medical marijuana in 1996 when they
passed Proposition 215.

In 2009, the Obama Administration's Deputy Attorney General David
Ogden sent a memo to prosecutors telling them not to enforce
marijuana laws if they ran counter to state laws that legalized the drug.

Cole said that since Ogden's memo was released, a number of U.S.
attorneys and state and local law enforcement officials contacted his
office for clarification about what to do about huge, for-profit
marijuana operations that sprang up as a result.

"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," Cole
said. "Some of these planned facilities have revenue projections of
millions of dollars based on the planned cultivation of tens of
thousands of cannabis plants. State laws or local ordinances are not
a defense to civil or criminal enforcement of federal law with
respect to such conduct."

Last fall, Redding city planners approved a zoning ordinance allowing
for large commercial indoor medical marijuana growing. There are at
least 17 pot collectives, co-ops and dispensaries in Redding. Shasta
County has a moratorium on such centers.

Redding Police Capt. Roger Moore said the memo "very well could change things."

"We want to enforce federal guidelines and regulations," Moore said.
"But we're kind of caught in the middle. As soon as we get some
support and backing from the Feds, we will enforce their wishes."

Bosenko said he plans to hold conversations with local prosecutors
about whether the memo might change how they prosecute his deputies'
marijuana arrests.

"Marijuana still remains illegal under federal law and under state
law," Bosenko said. "We'll continue to enforce the law."

Jess Brewer, the owner of Trusted Friends, a medical marijuana
collective on Pine Street in Redding, said he doesn't expect
legitimate nonprofit suppliers of medical cannabis like him will see
any changes.

Brewer said his office already has received a letter from Redding
Police Chief Peter Hansen advising him of the changes, which he said
he supports, since they target illicit growers who sell marijuana for
profit and instead of for purely medicinal use.

"I think they're going after illicit vendors, growers and clubs," he
said. "If you're not doing it right, they're going to pop you."
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