Obama Admin Goes After The Potheads
The DOJ sent out a memo telling the Drug Enforcement Administration and the bigwigs in the U.S. Attorney's office to treat medical marijuana dispensaries as top priority for prosecutors and drug investigators...regardless of state laws permitting the growth and sale of marijuana. Mike Rigg writes at reason, quoting from the DOJ memo:
State laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct, including enforcement of the CSA."The memo, authored by Deputy Attorney General James M. Cole, "clarifies" a memo released in 2009 that declared medical marijuana sales in states that have legalized it to be a low priority for law enforcement and prosecutors. The so-called "Ogden memo" first appeared to drug law reformers as evidence that Pres. Obama was dialing back the war on drugs. The DEA and U.S. Attorneys office continued to go after state-legal grow operations and marijuana shops after the memo was first circulated, leading reformers to conclude that Obama was lying when he said on the campaign trail that he had no interest in going after medical marijuana.
...The Ogden memo did not make medical marijuana legal, but it clearly advised federal law enforcement agencies to go after pot shops that showed signs of being tied to organized crime. From the Ogden memo, released in 2009:
Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:•unlawful possession or unlawful use of firearms;•violence;
•sales to minors;
•financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
•amounts of marijuana inconsistent with purported compliance with state or local law;
•illegal possession or sale of other controlled substances; or
When I asked the White House in 2010 if continuing to raid medical marijuana dispensaries--which it had been doing less often than under Bush, but more often than never--a senior staffer told me, "Yes - that enforcement is focused on those incidences where both federal and state law are being violated - and is therefore focused largely on drug traffickers. It has not spent its limited resources on ind. patients with cancer and other serious disease."
Suck it up, cancer patients!
The answer here is really quite simple: DEA employees have no rights to take these actions. The State police should arrest them for trespassing and armed robbery, prosecute them, and throw them in jail.
The federal government will then threaten to cut off highway funds, education funds, or whatever. That, of course, is the catch, and is the reason that the States lack the guts to assert their sovereignty.
a_random_guy at July 1, 2011 1:20 AM
I don't know, but I would suspect that the Tea Party might be amenable to working to limit the overreach on the 10th Amendment that is used to justify all this Federal meddling.
How about something like the Federal Government has no right whatsoever to interfere in anything that is not an interstate commercial transaction - i.e. an exchange of goods or services between individuals or companies in different states. None, zero, and there are no penumbras or permutations.
MarkD at July 1, 2011 5:37 AM
You know, there is a reason the federal government had to pass an amendment to the constitution to outlaw alchol - the federal government doesn't have the constitutinoal authority to outlaw a substance. They knew that in the twenties. Too bad people don't realize it today.
Matt at July 1, 2011 6:22 AM
Alchol should be alcohol,but you knew that. :>)
Matt at July 1, 2011 6:25 AM
Let's all say it again...alcohol and the pharmaceutical cocktails that are legal are far and away more dangerous than marijuana. Unless you're a Dorito.
DrCos at July 1, 2011 6:29 AM
This is par for the course for this administration, which is also prosecuting more whistleblowers than any other president in the history of the country. Obama has out-Nixoned Nixon.
Lisa Simeone at July 1, 2011 6:56 AM
Fuck me. I'm clueless about how to illegally score weed, and I've been waiting for the nanny state to wither and die so I could get my buzz on.
I hope this post doesn't haunt me some day.
DaveG at July 1, 2011 9:30 AM
Good to know that we've solved all those pesky budget and national security problems.
Cousin Dave at July 1, 2011 9:34 AM
This is to keep them away from the illegal aliens...
I R A Darth Aggie at July 1, 2011 9:55 AM
I thought this administration was focusing on jobs (three letter word).
Dave B at July 1, 2011 10:49 AM
This is pathetic, lamentable and a waste of taxpayer resources.
Here in L.A., dozens, even hundreds of pot stores opened up, without the slightest bit of difficulty for anyone, and a minor boon for landlords.
My only complaint is that pot should be should legalized for sale through liquor stores also, and every bag has a $10 revenue sticker on it.
I don't know why Republicans detest Obama so much. He is doing everything Bush jr. did. He even boosted the war in Afghanistan, extended the Bush tax cuts, and now continues the war on pot. Kept Gates on as Secy Defense.
Okay, Obama shoved thru Obamacare--but then Bush jr. had his Medicare supplement.
At this point, I detest both Obama and Bush jr.
BOTU at July 1, 2011 11:11 AM
Imagine how they feel about you.
Crid [CridComment at gmail] at July 2, 2011 10:29 PM
"I thought this administration was focusing on jobs"
They are. We're getting jobbed.
Cousin Dave at July 3, 2011 9:23 PM
Did you all not read the same thing I did? What the hell is the matter with such a memo? It seems to be saying, "Don't interfere with the spirit of the state law, but keep an eye on possible organized crime interests." Organized crime is certainly a federal interest and has far reaching concerns outside the state. It seems reasonable and pragmatic to me.
And what is this, "suck it up cancer patients" line? The guy is saying exactly the opposite -- he is saying they are not targeting cancer patients.
You're saying that preventing sales to minors, violence, organized crime, and heroin sales to be outside of the reach of law enforcement? I just don't get it.
whistleDick at July 4, 2011 6:55 AM
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