Pubdate: Thu, 30 Jun 2011
Source: Star-Ledger (Newark, NJ)
Copyright: 2011 Newark Morning Ledger Co
Contact:  http://www.nj.com/starledger/
Details: http://www.mapinc.org/media/424
Author: Susan K. Livio
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

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.
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MAP posted-by: Jay Bergstrom