Pubdate: Tue, 20 Oct 2009
Source: San Francisco Chronicle (CA)
Page: A - 1, Front Page
Copyright: 2009 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko, Chronicle Staff Writer
Referenced: The memo 
http://www.justice.gov/opa/documents/medical-marijuana.pdf
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

Medical-Pot Backers React to New Obama Policy

SAN FRANCISCO -- Medical marijuana advocates in California said the 
Obama administration's announcement of new guidelines for pot 
prosecutions Monday contained some hopeful signs, but lacked the 
specifics needed to keep patients and their suppliers out of court.

"It's an extremely welcome rhetorical de-escalation of the federal 
government's long-standing war on medical marijuana patients," said 
Stephen Gutwillig, state director of the Drug Policy Alliance.

Dale Gieringer, California coordinator of the National Organization 
for the Reform of Marijuana Laws, said the administration's advice to 
U.S. attorneys that they respect state law - such as California's 
Proposition 215, the 1996 measure legalizing medicinal use of the 
drug - was encouraging.

However, he added, "the policy has major loopholes that give 
prosecutors broad discretion to determine what they think is legal."

A Justice Department memo, sent Monday to federal prosecutors in 
California and 13 other states whose laws allow medical use of 
marijuana, provides guidelines to implement the policy Attorney 
General Eric Holder announced in March: that federal authorities 
should refrain from arresting or prosecuting people who are complying 
with their state's laws.

Federal prosecutors should focus on major drug traffickers and 
networks, rather than on those who "are in clear and unambiguous 
compliance with existing state laws" on medical marijuana, said 
Deputy Attorney General David Ogden.

But he added some qualifications: Prosecutors can go after those who 
sell marijuana for profit, a category that federal authorities have 
commonly invoked in charging growers and sellers of medicinal pot.

San Francisco's U.S. attorney, Joseph Russoniello, asserted in August 
that most of California's 300 marijuana dispensaries make profits, in 
violation of state guidelines, and are therefore open to federal prosecution.

Ogden also said the Justice Department would fight any effort by 
people now charged with marijuana-related crimes in federal court to 
claim that they were simply following state law. And even those who 
are clearly complying with a state's law can be investigated and 
prosecuted, he said, in the pursuit of "important federal interests."

'Lot of Discretion'

"It leaves a lot of discretion up to the U.S. attorneys," said Kris 
Hermes of Americans for Safe Access, an advocacy group for patients 
who use marijuana. "We hope that these guidelines rein in rogue 
prosecutors like Russoniello. There's no guarantee that's going to happen."

Russoniello's office is prosecuting owners of two Hayward-area 
medical marijuana dispensaries that were licensed by local 
governments. In March, after Holder's announcement, federal agents 
raided Emmalyn's California Cannabis Clinic in San Francisco, which 
had a city permit. No charges were filed.

Russoniello's office referred inquiries Monday to the Justice 
Department, where spokeswoman Tracy Schmaler said Ogden's memo was 
intended to provide "guidance and clarification" to prosecutors and 
does not change administration policy.

Judges Go Easy

Since Holder's announcement, prosecutors have told several federal 
judges in California that the new policy did not justify leniency for 
marijuana defendants whose cases originated during President George 
W. Bush's administration.

Judges have nonetheless imposed lighter sentences than the Justice 
Department wanted, notably a one-year term for a Central Coast pot 
club operator for whom prosecutors sought five years.

Although Monday's guidelines, like Holder's earlier statement, do not 
expressly apply to pending cases, defense lawyers will argue to 
judges that the Obama administration's memo justifies a break in 
sentencing, said Joe Elford, lawyer for Americans for Safe Access.

He also predicted that some prisoners would cite the memo in asking 
President Obama for clemency.

The guidelines don't say how federal authorities would respond if 
California legalized marijuana for personal use, as proposed in an 
Assembly bill and several pending initiatives. But Gutwillig, whose 
organization advocates legalization, said he saw a glimmer of hope.

"The Obama administration has taken a further step today to follow 
the lead of the states on marijuana policy," he said.
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MAP posted-by: Richard Lake