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Obama Feds To Issue New Medical Marijuana Policy Stopping Raids!!!!
WASHINGTON – Pot-smoking patients or their sanctioned
suppliers
should not be targeted for federal prosecution in states that allow
medical marijuana, prosecutors were told Monday in a new policy
memo issued by the Justice Department.
We Have Come A Long Way Patients!
President Obama Holds Up To His
Campaign Promise! On Stopping The DEA Raids On Medical Marijuana
In
The Legal Medical Marijuana States! 
Return
To OnlinePot's Legal Section Main Page
October 18th 2009
The New US Dept Of Justice Ruling On This New Law From President
Obama
On Medical Marijuana PDF
Under the policy spelled out in a three-page legal memo, federal
prosecutors are being told it is not a good use of their time to
arrest people who use or provide medical marijuana in strict
compliance with state law.
The guidelines issued by the department do, however, make it clear
that federal agents will go after people whose marijuana
distribution goes beyond what is permitted under state law or use
medical marijuana as a cover for other crimes.
The memo advises prosecutors they "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."
The new policy is a significant departure from the Bush
administration, which insisted it would continue to enforce federal
anti-pot laws regardless of state codes.
"It will not be a priority to use federal resources to prosecute
patients with serious illnesses or their caregivers who are
complying with state laws on medical marijuana, but we will not
tolerate drug traffickers who hide behind claims of compliance with
state law to mask activities that are clearly illegal," Attorney
General Eric Holder said in a statement.
By the government's count, 14 states allow some use of marijuana
for medical purposes: Alaska, California, Colorado, Hawaii, Maine,
Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode
Island, Vermont and Washington.
California stands out among those for the widespread presence of
dispensaries — businesses that sell marijuana and even advertise
their services. Colorado also has several dispensaries, and Rhode
Island and New Mexico are in the process of licensing providers,
according to the Marijuana Policy Project, a group that promotes
the decriminalization of marijuana use.
Advocates say marijuana is effective in treating chronic pain and
nausea, among other ailments.
Holder said in March that he wanted federal law enforcement
officials to pursue those who violate both federal and state law,
but it has not been clear how that goal would be put into practice.
The memo spelling out the policy was sent Monday to federal
prosecutors in the 14 states, and also to top officials at the FBI
and Drug Enforcement Administration.
The memo written by Deputy Attorney General David Ogden emphasizes
that prosecutors have wide discretion in choosing which cases to
pursue, and says it is not a good use of federal manpower to
prosecute those who are without a doubt in compliance with state
law.
"This is a major step forward," said Bruce Mirken, communications
director for the Marijuana Policy Project. "This change in policy
moves the federal government dramatically toward respecting
scientific and practical reality."
At the same time, officials said, the government will still
prosecute those who use medical marijuana as a cover for other
illegal activity.
In particular, the memo urges prosecutors to pursue marijuana cases
which involve violence, the illegal use of firearms, selling pot to
minors, money laundering or involvement in other crimes.
And while the policy memo describes a change in priorities away
from prosecuting medical marijuana cases, it does not rule out the
possibility that the federal government could still prosecute
someone whose activities are allowed under state law.
The memo, officials said, is designed to give a sense of
prosecutorial priorities to U.S. attorneys in the states that allow
medical marijuana. It notes that pot sales in the United States are
the largest source of money for violent Mexican drug cartels, but
adds that federal law enforcement agencies have limited resources.
Medical marijuana advocates have been anxious to see exactly how
the administration would implement candidate Barack Obama's
repeated promises to change the policy in situations in which state
laws allow the use of medical marijuana.
Soon after Obama took office, DEA agents raided four dispensaries
in Los Angeles, prompting confusion about the government's plans.
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