Pubdate: Mon, 11 Jul 2011
Source: Hartford Advocate (CT)
Copyright: 2011 New Mass. Media, Inc.
Contact:  http://www.hartfordadvocate.com/
Details: http://www.mapinc.org/media/182
Copyright: 2011, Hartford Advocate
Cited: http://blogs.usdoj.gov/blog/archives/192 (Ogden Memo)
Cited: http://safeaccessnow.org/downloads/James_Cole_memo_06_29_2011.pdf
Author: Sam Tracy

COULD A NEW MEMO SHUT DOWN MEDICAL MARIJUANA?

Ever hear of the Ogden Memo? Back in 2009, the Department of Justice
issued a memo telling the feds how to deal with medical marijuana
dispensaries (which conflict with state law). It told federal lawyers,
you "should not focus federal resources in your States on individuals
whose actions are in clear and unambiguous compliance with existing
state laws providing for the medical use of marijuana." It even went
on to say, "prosecution of individuals with cancer or other serious
illnesses who use marijuana... is unlikely to be an efficient use of
limited federal resources." Pretty much, the memo discouraged federal
raids on dispensaries and patients who comply with state law. Since
they're still violating federal law, the administration couldn't
really just say not to pursue them, so they just strongly suggested
not to.

This was hailed as a huge victory for medical marijuana nationwide.
Since 16 states, and the District of Columbia, allow medical marijuana
(meaning 90 million Americans live in medical marijuana states), it
was an unavoidable issue. The Obama administration did a great thing
by allowing states to make up their own minds on marijuana.

But just recently, a new memo was issued, and the internet exploded
with reports of it being a huge step back in drug policy reform. This
new memo states that, "The Department's view of the efficient use of
limited federal resources as articulated in the Ogden Memorandum has
not changed." But then it goes on to say that while they shouldn't be
cracking down on small pot shops or patients, they're concerned with
some newer developments, particularly commercial-scale growing
operations (Oakland was recently considering allowing huge,
multimillion-dollar grows, and New Jersey just passed a law allowing
six super-dispensaries in the state).

The main concern now is that the memo didn't include any specifics on
what a "big" operation is, and raises more questions than it answers.
This could easily lead gung-ho federal agents to raid any dispensary
and claim to be in compliance with the memo, saying they thought their
target was big enough. Dispensary owners are worried about a "chilling
effect" where they fear expanding their businesses and risking federal
intervention.

With all of these memos going around, typically written by people who
weren't even elected, it may see impossible to do anything about
ending this federal overreach into states' marijuana laws. But there
is currently a bill in the US House that would end federal
prohibition, and allow states to make their own decisions (keep it the
same, allow medical, treat it like alcohol, or something totally
different). It's called H.R. 2306, the Ending Federal Marijuana
Prohibition Act of 2011. If you want to change things, urge your
lawmakers to support this bill. If it passes, we'll see a major
revolution in marijuana laws sweep the nation in a few short years,
and won't have to worry about some memo leading to the arrest of
people trying to get medicine to sick people.
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MAP posted-by: Matt