[stanley]

http://www.contracostatimes.com/opinion/ci_13602381


Pot memo falls short

MediaNews editorial

Posted: 10/21/2009 12:01:00 AM PDT

THE OBAMA ADMINISTRATION'S new policy on medical marijuana essentially boils down to "we're going to look the other way — unless that doesn't serve our purposes."

While a step in the right direction, the policy doesn't provide the assurances that legitimate providers of medical marijuana need to conduct an above-board operation without fear of prosecution.

The new guidelines for federal prosecutors handed down this week with the blessing of Attorney General Eric Holder are an attempt to thread a political needle rather than a recognition of the value of the drug and a deferral to the desire of voters in 14 states.

That's not good enough.

In California, this battle has been going on for 13 years, since voters passed Proposition 215, which made it legal to sell marijuana to people who have a doctor's prescription. Hundreds of dispensaries regulated under state law by local governments have struggled to stay open.

The Clinton administration attacked the law, winning a Supreme Court case granting the federal government authority to shut down nonprofit organizations that supplied medical marijuana. Then the Bush administration raided medical marijuana growers and clinics, and used federal drug laws to prosecute suppliers. As we've said before, for an administration that preached states' rights, this was an appalling usurpation by the federal government.

Doctors who prescribed the drug have been threatened, as have landlords who provided property for the dispensaries. The uncertainty only served to intimidate many respectable people who wanted to help out, and to drive away patients facing terrible illnesses who might have benefitted from some relief.

Then Holder signaled in March that the new administration would leave it to the states to enforce their own rules on medical use of pot.

But when we saw the directive this week, we were disappointed. It correctly points out that federal prosecutors should not focus resources on "individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." As the memo points out, prosecuting cancer patients or others with serious illness for using marijuana for medicinal purposes "is unlikely to be an efficient use of limited federal resources."

We're heartened by this recognition, which marks a major turning point in the federal government's outlook. And if the administration left it at that, we would feel great strides had been taken.

But the policy goes on to state that "clear and unambiguous compliance with state law" is not a legal defense to the violation of federal law — and the new guidelines should not be interpreted as providing such protection. Rather the policy "is intended solely as a guide to the exercise of investigative and prosecutorial discretion."

The memo is silent on the administration's plans for past and current prosecutions of medical marijuana providers. "... Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests."

That's hardly the assurance that legitimate business people are going to need before they set up shop. While the threat of a federal crackdown might not be as great, the threat remains, nonetheless.

Rather than this squishy policy, the administration should affirmatively end prosecution of legitimate medical marijuana providers and embrace research into therapeutic uses for the drug. The drug is a low-cost treatment alternative that shouldn't be dismissed because of prejudices about cannabis.

It's time for the federal government to either get on board or get out of the way.

[hempzelnut]

I like that. Embrace research. GET ON BOARD OR GET OUT OF THE WAY. catch 22, Extraction using solven't, I've been informed is not legal. The process I would need involves solvent.(co2) Super critical fluid extraction and fractionazation of the ajulemic acid,(ct3) delta 8 and delta 11 used in the studies of brain tumors,effective studies in the reduction and or total eradication of tumors using cannaboniods.Dept of biochemistry and molecular biology,Univ of Mass. Med School

[Samueljefferson]

Im with you guys

[Oxfarm]

Stanley, when I read the decree, two words jumped out at me: seek to

"will not seek to arrest medical marijuana users and suppliers"

That's not the same thing as saying will not arrest medical marijuana users and suppliers...

Specific words matter...

[Godhempus]

Good that it is recognized as a forward step, and also good they recognize that more are still needed. As more wars (Afghan anyone?)become exposed as 'stupid wars', perhaps soon the 72 year old war on hemp will get discarded on that scrap heap.

[DankJews]

Good Post, Thanks

.:Stay Medicated:.