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U.S. Attorney General Says Justice Department Will No Longer Interfere With States’ Medical Pot Policies

February 26th, 2009 By: Paul Armentano, NORML Deputy Director
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Score one for the good guys!

Earlier this month, new U.S. Attorney General Eric Holder promised a clean break from the policies of the Bush administration. Yesterday, during a live interview on C-Span, he affirmed that this change includes ending the DEA raids of state-authorized medical marijuana providers!

Responding to a reporter’s question regarding the DEA’s recent actions against several California medical cannabis providers, Holder stated: “What the President said during the campaign . . . will be consistent with what we will be doing here in law enforcement. . . What [President Obama] said during the campaign . . . is now American policy.”

You can watch the video of Attorney General Holder’s remarks here.

Holder’s statement marks a dramatic shift in U.S. drug policy, and is a major victory for the 72 million Americans who reside in states where the use of medical cannabis is legal! It also lends support to the ongoing efforts in Minnesota, New Jersey, and Rhode Island — each of which are debating legislative proposals to make the production and distribution of medical cannabis legal under state law.

At this time, NORML would like to personally thank those of you who responded to our request to contact the Attorney General’s office and urge Eric Holder to call off the DEA raids. Your phone calls and e-mails have helped to change U.S. marijuana policy!

So go ahead and give yourself a pat on the back. And while you’re at it, click here to thank the new Attorney General for supporting the will of the people and the health and welfare of seriously ill patients.

“Change we can believe in?” Yes it is, and it’s about time.

Finally, what we were all waiting for! Barney Frank finally introduced the Medical Marijuana Patient protection act bill to congress on the 17th. Basically It will reclassify marijuana from its current position of Schedule I to Schedule II. Which means, Medical marijuana patients will be protected, and no federal involvement in state or local medical marijuana programs!

There is a summery of the article taken from Safeaccessnow.org

Washington, D.C. – Congressional Representative Barney Frank (D-MA) introduced the “Medical Marijuana Patient Protection Act,” HR 5842, yesterday, a bill co-sponsored by Representatives Maurice Hinchey (D-NY), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Ron Paul (R-TX). The act would change federal policy on medical marijuana in a number of ways. Specifically, HR 5842 would reclassify marijuana from a Schedule I drug, which cannot be prescribed, to a Schedule II drug, which would recognize the medical value of marijuana and create a regulatory framework for the FDA to begin a drug approval process for marijuana. The act would also prevent interference by the federal government in any local or state run medical marijuana program. Read Here

Ignored by the media, the long awaited state ruling has finally come to an end!

Good news for California, and the marijuana community. The California Supreme Court has ruled that California is to follow STATE laws and not Federal Laws. This applies to any events or situations in California regarding federal and state law conflict. ( on short, California medical marijuana patients can defend their use and cultivation of marijuana with the defense of the state. Also Medical marijuana dispensaries now can open and operate without any city hassles!)

Although Marijuana is illegal according to the federal laws, California passed Prop 215 in 1996, California law enforcement has claimed that they could not comply with the state’s medical cannabis laws because they conflicted with federal law, and would take the right action to follow federal law. Regardless of state exceptions of medical marijuana police would still arrest patients, even though the state constitution explicitly says in Article , Section 3.5 (adopted in 1978) that:

“An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: … (c) to declare a statute unenforceable, or to refuse to enforce a statute, on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such a statute is prohibited by federal law or federal regulations.”

 Finally this big conflict between federal and state laws has ended. California has set to follow the Constitution to obey and enforce state laws, not federal. Many cities and towns in California have had many problems to open and operate a medical marijuana coop’s due to this conflict between federal and state laws, this will not be an issue anymore. This actually will help California dispensaries defend their Co-op from federal raids. Also, medical marijuana patients will be able to defend their cultivation and use of marijuana safely and with the defense of the state courts! Hopefully this is a step forward in protecting medical marijuana in the United States.

A full article and explanation of this case can be found Here

Finally One of the biggest Marijuana law reform organizations  (NORML) has teamed up with Rep. Barney Frank (D, MA) to introduce federal decriminalization legislation! This is the big step the marijuana community needed to decriminalize around the nation. This will cause a ripple effect around the world, and cause other countries to start decriminalizing marijuana as well! For the first time in more than two decades, we will soon have legislation in Congress that, if enacted, would finally end the federal prosecution of adult marijuana users. This would eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Also, this bill eliminates, adults who consume cannabis would no longer face arrest, prison, or even threat of civil fine. This bill also eliminates all penalties prohibiting the not-for-profit transfers of up to one ounce of marijuana. Basically, for the first time since 1937, the possession, use and non-profit transfer of pot for personal use by adults would be LEGAL under federal law! This is just great!

Soon we will be able to smoke, eat, use etc marijuana for everything. It will be surprising to most if this bill is enacted, how fast the public, our communities, and everything else in this nation would change. Our economic status will surly benefit.

You can get more information at NORML.org

Finnally, the 13th. Soon we will be on the 50th state to legalize Medical Marijuana. Sooner or later it will be the discussion to finnaly legalize the use of Marijuana(hemp) for the industrial field as well. So much potential profits can come from Marijuana to the United States.

“Illinois - Members of the Senate Public Health Committee voted 6-4 to legalize the use of medical marijuana in Illinois. A similar bill fell just shy of a majority vote in the Senate last year, and the legislation would make Illinois the 13^th state to legalize medical use of marijuana.

The bill will allow patients with “debilitating medical conditions” to obtain a prescription from their doctor. Under these circumstances, possession of under 8 plants and 2 ½ ounces of useable marijuana would be considered legal.

Two weeks ago New Hampshire passed similar legislation so there may soon be 14 states that have disobeyed federal regulations regarding medical marijuana. That, coupled with the American College of Physicians’ endorsement of the drug a couple weeks ago, should push the federal government to repeal the ban on medical marijuana.”
chroniccorner.com

Ruling shines different light on Emery’s case
Appeal Court judgment suggests Prince of Pot should get months, not
years, in Canadian, not U.S., prison
Ian Mulgrew, Vancouver Sun
Published: Monday, March 10, 2008

Finally, a court ruling that puts in perspective the five to 10 years’
imprisonment that B.C. cannabis crusader Marc Emery faces in U.S.
prison for selling pot seeds.

In a judgment released Friday, B.C. Court of Appeal Justice Richard
Low (backed by Justices Mary Newbury and Anne Rowles) said a one-month
jail sentence plus probation was appropriate punishment for such an
offence.

If anyone needed evidence, this decision exposes the fundamental
unfairness of what is happening to Emery.
The appeal grew out of a case heard in Courtenay last fall in which
the Crown thought too lenient concurrent, 30-day sentences imposed on
Daniel Anthony Kostantin for selling marijuana seeds.

The 36-year-old Kostantin pleaded (more…)