FOR IMMEDIATE RELEASE: October 20, 2009
CONTACT: Ken Wolski at (609) 394-2137
DOJ Memo: Hands off medical marijuana users
WHO: Attorney General Eric Holder
WHAT: Announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes
WHEN: October 19, 2009
WHERE: Washington, D.C.
WHY: For clarification and guidance to federal prosecutors in medical marijuana states.
For the first time federal authorities have been instructed not to arrest or prosecute medical marijuana patients or caregivers in the 13 states with legalized access.
In a major reversal from Bush Administration policy, the Department of Justice issued a memo today to prosecutors that stated: “As a general matter, pursuit of these priorities 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. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”
Full text of the memo is available on the Department of Justice Blog:
http://blogs.usdoj.gov/blog/archives/192
CMMNJ welcomes this announcement from federal authorities recognizing the medical benefits of marijuana and upholding the rights of Americans to safely use marijuana under a doctor’s supervision. With New Jersey in the final legislative phase for The Compassionate Use Medical Marijuana Act A804/S119 this memo may serve to alleviate any outstanding concern of federal interference with our proposed state law.
While the DOJ memo puts in writing statements made by Attorney General Eric Holder in March, it does not change federal law in any way. The memo is targeted to federal prosecutors in the states that have passed ballot initiatives or legislation allowing safe medical marijuana access. It urges them to use their discretion and allocate their resources appropriately, taking into consideration an individual’s full compliance with their state law. The memo was copied to all United States Attorneys, as well as administrators in the DEA and the FBI.
Current legislation:
The New Jersey Compassionate Use Medical Marijuana Act A804/S119 has passed the Assembly and Senate Health committees and a Senate floor vote. The issue has received favorable editorials from most newspapers in the state. Now it must see an Assembly floor vote and may require an additional concurrence vote in the Senate. Recent polls show between 70% - 86% of New Jerseyans favor medical marijuana access. There is certainty bi-partisan political support for the bill, but passage this year remains far from assured. New Jersey would become the 14th state in the nation to legalize medical marijuana if it passes this legislation into law in the near future.
More information at www.cmmnj.org
CMMNJ, a 501(c)(3) public charity, is a non-profit organization whose mission is to educate the public about the benefits of safe and legal access to medical marijuana. For more info, contact:
Ken Wolski, RN, MPA,
Executive Director, Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
844 Spruce St., Trenton, NJ 08648
609.394.2137 ohamkrw@aol.com
media@cmmnj.org
