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DOJ Memo: Hands off medical marijuana users and caregivers

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 [email protected] [email protected]

Yes, we did: Obama ends medical marijuana raids in 13 states

Dear friends: Ready for some great news? The Obama administration is directing federal prosecutors not to arrest medical marijuana patients and caregivers who are complying with state laws. On Monday, federal prosecutors, as well as top officials at the FBI and DEA, will reportedly be told that it isn’t a good use of their time to arrest people who use or provide medical marijuana, if they are complying with state law. This is the most significant, positive policy development on the federal level for medical marijuana since 1978. Under the Bush administration, the feds had continued to raid, arrest, and otherwise terrorize medical marijuana and their caregivers in the 13 states that have passed medical marijuana laws. This new policy is a major change. MPP was instrumental in obtaining a promise from President Obama during the presidential campaign that, if elected, he would halt these arrests. MPP was the only reform organization to testify on Capitol Hill urging the issuance of the guidelines and, later, was the only group to work with leaders in Congress to get a House committee to urge the administration to adopt the written guidelines. Our lobbyists have also been in contact with top officials at the Justice Department about the guidelines. We're thrilled to see this promise come to fruition, and I hope you’ll join me in celebrating this news -- some of the best we’ve had for medical marijuana patients in years. Thank you for helping to make this momentous change happen. And if you’d like to help keep pushing, please: 1. Use MPP's easy online action center to tell your members of Congress that you support this new policy. 2. Donate to MPP’s federal lobbying work here. Sincerely, Rob Kampia Executive Director Marijuana Policy Project Washington, D.C. P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

Press Release: Revelations of DEA Participation in San Diego Medical Marijuana Raids Raises Questions about White House Policy toward State Law

FOR IMMEDIATE RELEASE: September 10, 2009 Contact: Margaret Dooley-Sammuli at (213) 291-4190 or Tommy McDonald at (510) 229 5215 Revelations of DEA Participation in San Diego Medical Marijuana Raids Raises Questions about White House Policy toward State Law Advocates Criticize Feds for Supporting Local Political Agenda, Not the Law SAN DIEGO – At a press conference today, San Diego District Attorney Bonnie Dumanis described how a number of San Diego medical marijuana dispensaries were raided by local and federal agents yesterday. Advocates condemned the raids and arrests of patients, and criticized federal involvement in a local political effort to restrict legal access to medical marijuana. “We’re extremely disappointed that the feds participated in this attack on patients. The priority of the White House should be protecting patients, not helping local officials enforce oppressive restrictions,” said Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance. “Any concerns that the District Attorney may have will not be resolved through SWAT-style tactics like pulling people from their wheelchairs, as we saw yesterday.” Medical marijuana was legalized in California in 1996, when voters approved Proposition 215, the Compassionate Use Act. San Diego County filed suit to try to overturn the state law in 2004; that effort came to an end in May when the US Supreme Court refused to hear the county’s final appeal. In August, the county enacted a 45-day moratorium on medical marijuana dispensaries in unincorporated areas to so the county could develop land-use regulations. On Tuesday, the San Diego City Council voted 6-1 to establish a citizen’s taskforce to create regulations governing the supply of medical marijuana. According to San Diego’s Channel 10, the taskforce will devise “guidelines for medical marijuana patients and caregivers, the operation of dispensaries and growing cooperatives and the ground rules for police enforcement.” “The federal government has no business enforcing state and local medical marijuana laws. It’s our local governments’ job to regulate medical marijuana and enforce those rules – not with armed raids, but with civil actions,” said Ms. Dooley-Sammuli. “The Obama administration has allowed Ms. Dumanis to use federal resources to further obstruct implementation of Prop 215 as she prepares to run for re-election in 2010. The people of San Diego deserve better.” The involvement of the federal Drug Enforcement Administration in yesterday’s raids came as a surprise to some, because of statements by both President Obama and US Attorney General Eric Holder that suggested that the federal government would reduce its involvement in such enforcement actions in states where medical marijuana is legal. ###

Is Obama a Flip Flopper?

View this message on our website: http://drugsense.org/fundraisers/2009/DS31Aug09.htm
31 August 2009
Is Obama a Flip Flopper?
?Take this quiz. You be the judge.
  1. Which Obama administration official called the War on Drugs "an utter failure"?
  2. What was President Obama's stance on marijuana decriminalization?
  3. Which Obama administration official called for ending the War on Drugs?
  4. Which Obama administration official oversaw the Seattle Hempfest in his capacity as the city's police chief?
  5. Questions concerning what topic emerged as the most popular on the Obama transition team's Change.gov website, whose purpose was to shape Obama administration policy?
  6. On what will the Obama administration base public policies, as reflected in a memorandum signed by the president in March 2009?
  7. Scientific cannabis research is still being blocked by the DEA at what prestigious U.S. university?
  8. How many cannabis-derived drugs are currently on the market as pharmaceutical agents?
  9. Consider the statements: "Marijuana is dangerous and has no medicinal benefit," and "Legalization is not in the president's vocabulary, and it's not in mine." Who made them and were they by an appointee of the Bush administration or the Obama administration?
MAPThe answers to these and many more questions about drug policy can be found at DrugSense's Media Awareness Project ( mapinc.org ). We provide access to information that allows critical analysis of drug policy, its flips and its flops. We also help advocates for change get their message to the media and policy makers like the Bush and Obama administrations. We can now point out and track over thirteen years of disinformation and misdirection during the administrations of three U.S. Presidents.
Donate Now!If you're as tired of drug policy flip flops as we are, why not donate to DrugSense and take a stand for honesty, truth, compassion and freedom? Donating is quick and easy. Just visit our donation page: www.drugsense.org/donate. Don't let the Obama administration drug policies back-peddle to the Bush Administration. Get involved. Join. Donate.
Mark Greer
Executive Director
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Answers to quiz:
  1. President Obama. "Obama judged the war on drugs 'an utter failure' - - harsh words" >From OBAMA REBALANCES US DRUG POLICY, Source: Christian Science Monitor, March 17, 2009. http://www.mapinc.org/drugnews/v09/n314/a03.html
  2. He supported marijuana decriminalization in 2008 during his campaign. OBAMA HONEST ABOUT DRUG USE AS A YOUTH, "his campaign has since said that he supports decriminalization." Source: New York Newsday, February 11, 2008. http://www.mapinc.org/drugnews/v08/n164/a03.html
  3. Drug Czar Gil Kerlikowske. "Regardless of how you try to explain to people it's a 'war on drugs' ... people see a war as a war on them ... We're not at war with people in this country." From WHITE HOUSE CZAR CALLS FOR END TO 'WAR ON DRUGS.' Source: Wall Street Journal, May 14, 2009. http://www.mapinc.org/drugnews/v09/n514/a02.html
  4. Drug Czar Gil Kerlikowske. "As Seattle's police chief, Kerlikowske oversaw the city's annual Hempfest ( a giant and mellow smoke-in ) without bothering the celebrants." POT COULD BE GOLD FOR CALIFORNIA. Source: Detroit News, August 14, 2009. http://www.mapinc.org/drugnews/v09/n793/a12.html
  5. Marijuana. "After receiving nearly 100,000 total votes on more than 10,000 separate public policy issues, the most widely voted on question for Obama is: 'Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.'" WHAT WILL OBAMA DO ABOUT MARIJUANA? Source: CounterPunch, December 25, 2008. http://www.mapinc.org/drugnews/v08/n1159/a03.html
  6. Science. "President Obama signed a 'scientific integrity presidential memorandum' and promised that his administration would base its public policies on science, not politics." THE SCIENCE OF POT. Source: Los Angeles Times, March 10, 2009. http://www.mapinc.org/drugnews/v09/n289/a08.html
  7. University of Massachusetts. "Drug Enforcement Administration rejected University of Massachusetts Professor Lyle Craker's request to become a marijuana manufacturer ..Craker, a horticulturist in the Department of Plant, Soil and Insect sciences submitted his application in 2001 to receive a license to grow large amounts of marijuana in a controlled environment to further study its effects for medical use." UMASS PROFESSOR LYLE CRAKER DENIED PERMISSION TO GROW AND STUDY MARIJUANA ON CAMPUS. Massachusetts Daily Collegian, February 1, 2009. http://www.mapinc.org/drugnews/v09/n121/a04.html
  8. Three: Cesamet, Marinol, Sativex. IS BIG PHARMA TRYING TO TAKE ALL THE FUN OUT OF POT? Alternet, July 25, 2009. http://www.mapinc.org/drugnews/v09/n737/a05.html
  9. Drug Czar Gil Kerlikowske, Obama Administration. DRUG CZAR: FEDS WON'T SUPPORT LEGALIZED POT. Fresno Bee, July 23, 2009. http://www.mapinc.org/drugnews/v09/n000/a144.html

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Press Release: Obama in No Position to Dismiss Any Solution to Mexican Drug Trade Violence, Even 'Legalization'

FOR IMMEDIATE RELEASE   
AUGUST 7, 2009

Obama in No Position to Dismiss Any Solution to Mexican Drug Trade Violence, Even 'Legalization'

On Eve of President's Trip to Mexico, Marijuana Policy Reformers, World Leaders Want All Options Open

CONTACT: Dan Bernath, MPP assistant director of communications, 202-462-5747 ext. *2030

WASHINGTON, D.C. — President Obama will travel to Mexico this weekend to confer with his Mexican and Canadian counterparts on the violence associated with the illegal drug trade that has killed 4,000 this year alone. However, if recent statements made by him and his drug czar are true, he's unlikely to address the solution a growing chorus of U.S. and Latin America leaders are calling for: removing marijuana from the illegal market.

     Earlier this year, the former presidents of Brazil, Columbia and Mexico called on the United States to decriminalize marijuana, which comprises an estimated 60 percent of Mexican drug cartels' business, as a way to curb U.S. demand for illicit drugs. Then, in April, Terry Goddard, attorney general for Arizona, where at least 5 tons of marijuana have been seized since October, called for a reevaluation of the war on drugs with all possibilities – including ending marijuana prohibition – to be on the table.

     Nevertheless, when asked in an online forum in March about the possibility of removing marijuana from the underground market and regulating the drug like alcohol, Obama laughingly dismissed the suggestion. And just last month, his drug czar, Gil Kerlikowske told reporters in Fresno that "[marijuana] legalization is not in the president's vocabulary, and it's not in mine."

     "Considering the devastating explosion of violence related to the illicit drug trade and the scars our policy of marijuana prohibition has left on the Mexican people, it's silly for President Obama to refuse to discuss any viable option, let alone one supported by leaders on both sides of our border," said Aaron Houston, director of government relations for the Marijuana Policy Project. "Just as we did when we ended alcohol Prohibition, we could cut these violent cartels out of the market for their most lucrative product by regulating marijuana's production and sale here in the U.S., thus removing the financial motive that fuels the violence in the first place. But instead, the president appears devoted to making things worse by throwing more money, guns and bodies at the problem, despite clear evidence of our current policy's futility."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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More Change, Please

You Can Make a Difference

 

Dear friends,

Urge President Obama to clarify where he stands on medical marijuana. 

Take Action
Email the President

"Marijuana is dangerous and has no medicinal benefit,” President Obama’s drug czar, Gil Kerlikowske, told an audience in California last month.

That’s some pretty classic drug war rhetoric for someone who announced just a few months earlier that the United States is no longer fighting a war on drugs.
 
The Obama administration is sending mixed messages on medical marijuana.  The president has repeatedly said that science should trump politics and has advocated regulating medical marijuana like any other prescription medicine. Did he forget to tell his drug czar?

Ask President Obama where he really stands.

Obama’s Attorney General has said the federal government will not arrest patients and providers following their state’s medical marijuana law. Yet, his drug czar continues to say marijuana has no medical value, and those who own or work in medical marijuana dispensaries still live in fear of being raided by federal law enforcement simply for providing doctor-recommended medicine to sick people.

The administration owes us an explanation.  Where exactly does the White House stand on medical marijuana?  

A key House committee recently urged the administration to finally define its medical marijuana policy in no uncertain terms.  Now, the White House needs to hear from you too.

Write to President Obama today and urge him to make a clear statement on medical marijuana.  Tell him that people shouldn’t be denied the medicine they need because of backwards drug war politics.

If President Obama is serious about putting science before politics, he needs to make clear that his administration won’t fall back on the same old drug war lies about medical marijuana. And he needs to make sure his drug czar gets the memo.

Sincerely,

Bill Piper
Director, Office of National Affairs
Drug Policy Alliance Network

 

No Joke

You Can Make a Difference

 

Dear Friends,

Tell President Obama it's time for a serious debate about marijuana prohibition.

Take Action Now
Email the president.

"I don’t know what this says about the online audience," joked President Obama during his first virtual town hall meeting. He was dismissing an idea submitted by tens of thousands of Americans: making marijuana legal.

This week, President Obama is visiting Mexico and seeing first hand the drug war violence that is spilling over our southern border, violence you and I know is fueled by marijuana prohibition.

Now that he’s seen what’s really happening, you have the chance to tell the president it's time for a serious discussion about the consequences of marijuana prohibition.

Thousands of people have been killed in the drug war in Mexico in the last couple of years. The drug traffickers are stockpiling machine guns and grenades and now are operating in hundreds of U.S. cities. This level of violence is the inevitable result of policies that create a lucrative black market.

You and I understand that ending marijuana prohibition would reduce violence and corruption the same way ending alcohol Prohibition did. I hope now that President Obama has seen the grisly consequences of marijuana prohibition first hand, he will no longer joke about marijuana law reform. Join me in telling him: This issue is deadly serious, and it's time to put all options on the table.

Sincerely,

Bill Piper
Director, Office of National Affairs
Drug Policy Alliance Network

 

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Press Release -- Obama in Mexico: Marijuana on the Agenda?

FOR IMMEDIATE RELEASE   
APRIL 15, 2009

Obama in Mexico: Marijuana on the Agenda?

In Possible Rebuke to Obama, Mexico's Ambassador Said an End to Marijuana Prohibition "Needs to Be Taken Seriously"

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

WASHINGTON, D.C. -- With President Obama leaving for talks with Mexican President Felipe Calderon on Thursday, marijuana policy reformers are wondering if the role of U.S. marijuana laws in subsidizing vicious Mexican drug gangs will get the serious attention that Mexico's ambassador to the U.S. recently said it deserves. Obama's visit comes immediately after Mexico's Congress held a historic debate on ending marijuana prohibition.

     "In his only public statement on the issue since taking office, President Obama treated the question of ending marijuana prohibition as a joke, but the families of the 7,000 murdered by Mexican drug gangs know it's not funny," said Marijuana Policy Project executive director Rob Kampia. "By refusing to bring the massive marijuana industry out of the shadows and regulate it as we do beer, wine and liquor, we've handed a massive subsidy to some of the most brutal thugs on the planet."

     In an April 12  discussion of Mexico's brutal drug cartels on CBS's "Face the Nation," Ambassador Arturo Sarukhan was asked by host Bob Schieffer, "What if marijuana were legalized? Would that change this situation?"

     Rather than dismissing the idea as President Obama did in his recent online town hall meeting, Sarukhan said, "This is a debate that needs to be taken seriously, that we have to engage in on both sides of the border."

     "Ambassador Sarukhan got it exactly right," said MPP director of government relations Aaron Houston. "The public in both countries is ready for a serious discussion about the marijuana laws that are directly aiding the murderous gangs that are killing people daily and now operate in 230 U.S. cities. It's time for Presidents Obama and Calderon to show the sort of decisive leadership that's needed to get both of our countries out of this mess."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Press Release: Medical Marijuana Raid Raises Questions About Obama Policy

FOR IMMEDIATE RELEASE   
MARCH 26, 2009

Medical Marijuana Raid Raises Questions About Obama Policy
Patients, Advocates Wonder Whether DEA Is Conducting Business as Usual Despite Change Announced by Attorney General Holder

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SAN FRANCISCO, CALIFORNIA -- Wednesday's Drug Enforcement Administration raid on Emmalyn's California Cannabis Clinic, a licensed medical marijuana collective in San Francisco, has raised serious questions among medical marijuana supporters about implementation of the new policy announced by U.S. Attorney General Eric Holder last week. According to the San Francisco Department of Public Health, Emmalyn's had obtained a temporary city permit and was actively working with the city to meet all the requirements for a permanent license.

     On March 18, Holder told reporters that the DEA would only raid medical marijuana providers if it found violations of both state and federal laws.

     "It is disturbing that, despite the DEA's vague claims about violations of state and federal laws, they apparently made no effort to contact the local authorities who monitor and license medical marijuana providers," said Marijuana Policy Project California policy director Aaron Smith. "For an agency that for eight years said it couldn't care less about state law to suddenly justify raids as an effort to uphold state law simply doesn't pass the smell test."

     "Because so little information has been released thus far, we have more questions than answers," added Aaron Houston, MPP director of government relations. "But with an actual shooting war along our Mexican border, not to mention federal law enforcement there being so overwhelmed that traffickers coming through the border with up to 500 pounds of marijuana are let go, it's very hard to believe that this is the best use of DEA resources, especially in a city with an active program to license and regulate medical marijuana providers."

    With more than 26,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Media Advisory: Medical Marijuana Patients React to New "American Policy"

For Immediate Release: February 26, 2009 Contact: ASA Communications Specialist Kris Hermes at (510) 325-9574 Medical Marijuana Patients React to New "American Policy" - Media conference call Thursday, February 26, 12:00 PM to feature medical marijuana dispensary operators targeted by DEA raids Washington, D.C. - Speaking at a press conference on Feb 25 with DEA Administrator Michele Leonhart, and reiterating a position made by the White House following DEA raids in California on February 4, U.S. Attorney General Eric Holder told reporters that ending federal raids on medical marijuana dispensaries "is now American policy." The Attorney General's comments are the latest sign of a sea change in federal policy that prohibits the use of medical cannabis in the thirteen states that have enacted such laws. What: Media conference call in response to U.S. Attorney General Eric Holder statements on ending DEA raids on medical marijuana dispensaries "now American policy" When: Thursday, February 26, 2009 @ 12:00 PM Pacific (PST) Where: Conference Call # (800) 762-6558 Who: Medical marijuana patients and dispensary operators who were targeted in DEA raids, and ASA Executive Director Steph Sherer. In response to a reporter's questions about DEA raids at medical marijuana facilities in California, Holder said, "What the President said during the campaign... is now American policy." 72 million Americans live in states where medical cannabis is legal, but federal law prohibits its use under any circumstances. More than 100 Americans are currently facing prosecution, sentencing, or serving time in prison for medical cannabis offense right now. ASA hopes the emerging change in federal policy will signal an end to prosecutions and bring those already serving time for medical cannabis offenses home to their families. "There has been a lot of collateral damage in the federal campaign against medical cannabis patients," said Steph Sherer, Executive Director of Americans for Safe Access, the nation's largest medical cannabis advocacy organization. "We need to stop the prosecutions, bring the prisoners home, and begin working to eliminate the conflict between state and federal medical marijuana laws." ASA has provided recommendations for a new national medical cannabis policy to President Obama and the 111th Congress earlier this year. Participant Bios: Steph Sherer is a medical cannabis patient who founded Americans for Safe Access (ASA), the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research in 2002. Larry Epstein operates a legal medical cannabis dispensing collective in Marina del Rey, CA, that was raided by the Drug Enforcement Administration (DEA) on February 4, despite President Obama's statements on the campaign trail indicating a change in federal policy. Heather Poet operates a medical cannabis dispensing collective in Santa Barbara, CA. The DEA has pressured her landlord to evict the collective using threats of prosecution and civil asset forfeiture. Her case prompted US Representative Lois Capps (D-CA) to ask Attorney General Eric Holder to stop any and all prosecutions of property owners on February 16. Charles C. Lynch was convicted in August 2008 of operating a medical cannabis dispensing collective in Morro Bay, CA. Like all federal medical cannabis defendants, he was not allowed to present evidence about medical cannabis or the fact that he was obeying state law at his trial. He faces decades in prison at his sentencing on March 23. For more information: Policy Recommendations to President Obama: www.AmericansForSafeAccess.org/PresidentialRecommendations Congresswoman Lois Capps Letter to Attorney General Eric Holder: www.AmericansForSafeAccess.org/CappsLetter