Medical Marijuana

Good news! Something bad could have happened, but didn't:

California's medical marijuana law survived its most serious legal challenge today as the U.S. Supreme Court denied appeals by two counties that argued they were being forced to condone violations of federal drug laws.

The justices, without comment, denied a hearing to officials from San Diego and San Bernardino counties who challenged Proposition 215, an initiative approved by state voters in 1996 that became a model for laws in 12 other states. It allows patients to use marijuana for medical conditions with their doctor's recommendation. [San Francisco Chronicle]

Today's result was really a foregone conclusion because it's just a basic fact that states can make their own drug laws. Still, it's good that this happened insofar as it will hopefully serve to silence those who continue to cite conflict between state and federal laws as a reason why no one can have medical marijuana. They are completely wrong and it's amazing how many federal judges had to break it down for them.

For the hundredth time, conflict with federal law is not an obstacle to passing and implementing state laws that permit medical marijuana. Federal law enforcement can come in and cause trouble, but that doesn’t make state laws invalid. Those laws still apply and provide valuable protection against state police, who patients are more likely to come in contact with.

The very idea that federal law somehow cancels out state policies is just some made-up nonsense that enemies of medical marijuana have been spewing in desperation for several years now. Nice try, but you're wrong. Case closed.

This is interesting/disturbing:

Kern Sheriff’s deputies and agents from the Drug Enforcement Agency were searching a medical marijuana store in east Bakersfield Wednesday afternoon.
…
Calls to the sheriff’s department were not immediately returned. A spokesman from the DEA said that agency was there only to assist. The spokesman said the sheriff’s department was the lead agency in the case.
…
Sheriff Donny Youngblood said his office will not interfere with the operation of non-profit medical co-operatives run by patients for patients. But, he said, dispensaries that sell marijuana for a profit should be expected to be treated like other drug dealers. [KGET]

DEA explained that they're "only there to assist," but that doesn’t eliminate the possibility of federal charges down the road. This isn’t the first time DEA has "assisted" local law enforcement during a dispensary raid. I just spoke with Caren Woodson at Americans for Safe Access and they're waiting to learn more about the situation.

I'll update as details emerge.

Update: ASA just informed me that this appears to be a DEA raid being assisted by local authorities, rather than the other way around.

Update 2: Turns out it really was a state raid, based on a state warrant. ASA got some mixed messages from the PR dept. at DEA.

Good news from Rhode Island:

PROVIDENCE, R.I. -- The Rhode Island Senate Wednesday afternoon approved a bill to allow licensed dispensaries -- known as "compassion centers" -- to grow and sell marijuana to the estimated 600 patients who currently have the state's blessing to use the drug for medicinal purposes.

The vote was 35-2. The bill now moves to the House. [Providence Journal]

This should get through the House, but Gov. Carcieri vetoed a similar bill last year and is likely to do the same this time around. Click here to contact him.

Good news from New Hampshire:

CONCORD, N.H.—The state Senate has joined the House in endorsing medicinal marijuana use by residents with crippling ailments.

The 14-10 Senate vote Wednesday sent the bill back to the House to review relatively minor changes. If the House endorses the changes and Gov. John Lynch signs the bill, New Hampshire would be the 14th state to legalize medicinal marijuana. [Boston Globe]

It looks like this will get through the House, but I don't know anything about Gov. Lynch's intentions. Click here to contact him.

Good news from Minnesota:

After a debate pitting compassion for those suffering from the pain of cancer or HIV-AIDS against concerns about abuse and violence from expanded availability of a "gateway drug," the Minnesota Senate gave tentative approval Wednesday to the use of marijuana for medical purposes in the state.

The 36-28 vote came despite questions about whether the measure fully defines who would be eligible and whether it provides proper safeguards against potential abuse. [Star-Tribune]

The bill could still get blocked in the House and a veto from Gov. Pawlenty is a definite possibility. If you're in Minnesota, click here to contact your legislators in support of medical marijuana.

This story from FOX Memphis provides a rare glimpse into the federal government's massive marijuana grow-op:



My favorite part is when Dr. Mahmoud Elsohly boasts about the high quality of the government pot he grows, then proceeds to demonstrate by sticking his hand in a barrel of disgusting brown schwag. It's all ground up, and you can see the stems sticking out. Anyone can plainly see that the government's weed just sucks.

I also noticed how the FOX story explained that the marijuana is used for research purposes, but conveniently left out the fact that the government actually provides medical marijuana to a small group of patients, while simultaneously prohibiting medical marijuana under federal law. I guess that contradiction was too much for a local FOX affiliate to explore in a fluffy pot-porn segment. Or, more likely, Dr. Elsohly never mentioned it to the reporter.

Given the popular urban myth that government-grown marijuana is super-potent, it's amusing to consider how stunningly bad it actually is. Ironies aside, however, it's actually a serious problem that these guys don't know what they're doing. They won't make any of their product available to researchers seeking to make marijuana an FDA-approved medication, and even if researchers gained access, the material is so weak that you couldn't do much with it.

Someone else needs to be growing marijuana for research purposes, but the DEA won't allow it because they're afraid of what the research will show. Our friends at MAPS and ACLU have spent years in court trying to gain approval for one well-qualified scientist to grow research-grade marijuana, and they've been blocked at every turn. Unless the Obama Administration intervenes before May 1, the DEA's Final Order will take effect and the effort to establish an independent source of research-grade marijuana will return to square one.

Click here to encourage Obama to support science over politics by allowing independent marijuana cultivation for research purposes.

I spent all afternoon getting geared up to go ballistic over this, only to learn that nothing happened:

The sentencing of Morro Bay, California medical marijuana dispensary owner Charles Lynch has been delayed yet again, this time until June 11. According to Reason.tv producer Ted Balaker, who has followed the Lynch saga from its start, the mood in the courtroom was guardedly optimistic, especially as Judge George H. Wu openly expressed his sympathy for Lynch.

"To be blunt, if I could find a way out, I would," said Wu, referring to mandatory minimum sentencing guidelines that insist Lynch get at least five years in prison. However, Wu summarily dismissed the notion of disregarding the guidelines, claiming it would simply be a "monumental waste of time" because such a decision would be overruled by a higher court. [Reason]

I'm not sure what this postponement means. It's definitely not a bad thing, though. If nothing else, it gives us more time to contact DOJ and the White House in support of Charlie. Please do exactly that. Here's some background for those that need it:

This new poll from New Hampshire casts further doubt on the rapidly unraveling notion that politicians must support harsh marijuana policies to get votes:

The Granite State Poll conducted by the University of New Hampshire Survey Center showed that 45 percent of residents said they were more likely to vote for a Senate candidate who supports legalizing marijuana for medicinal purposes.

The poll showed that 24 percent of residents said they would be less likely to vote for such a candidate. Another 26 percent said it would make no difference. [WMUR]

Clearly, supporting medical marijuana legalization is by far the safest choice for New Hampshire politicians. The margins are likely smaller in many states, but I bet you'd see a clear preference for pro-medical marijuana candidates throughout most of the country.

It's exactly this type of data that matters at this stage in our efforts. We've crossed a threshold in terms of educating our political culture about this issue. They know who we are and what we want. Our biggest challenge is demonstrating that political trends in fact favor reform decisively on certain issues and that opposition to something like medical marijuana will fairly reliably get you in trouble at the polls.

The numbers are already on our side, but I suspect we'll have to start being more aggressive to drive the point home. When we start launching vicious swiftboat-style attack ads accusing our opponents of wanting to arrest cancer patients, they'll suddenly become a lot more interested in what the polls say.

The legal plight of medical marijuana provider Charlie Lynch has provided a useful instrument with which to measure the new administration's commitment to respecting state medical marijuana laws. Attorney General Eric Holder has stated that only cases involving violation of state laws will be pursued, prompting the judge in Lynch's trial to request guidance from the Dept. of Justice before handing down the sentence. Here's what came back:

…in response to the Court's inquiries, the Office of the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.

Huh!? That can only be true if Lynch violated California's medical marijuana laws, which hasn't been proven in court (he was only charged under federal law), and is entirely inconsistent with his well-documented cooperation with local authorities including the city council and chamber of commerce.

Charlie Lynch is exactly the sort of defendant we aren't supposed to be seeing anymore under Obama, and yet here he is, scheduled to be sentenced on Thursday and the new administration won't lift a finger to stop it. He'll likely receive a 5-year mandatory minimum for doing something the President has repeatedly said would not be prosecuted under his administration. It's just that simple.

On Thursday, we'll find out exactly how much Obama's campaign promises were worth. This won't go down quietly. Stay tuned.

Very unsettling:

Federal drug agents raided a medical marijuana facility in San Francisco Wednesday night.

The raid occurred at Emmalyn's California Cannabis Clinic at 1597 Howard Street. DEA spokeswoman Casey McEnry told CBS 5 the documents regarding the raid are sealed, so the DEA was not able to give many details.

"The documents relating to today's enforcement operation remain under court seal. Based on our investigation we believe there are not only violations of federal law, but state law as well." [CBS]

By claiming the case involves violations of state law, DEA is able to maintain the appearance of abiding by the attorney general's pledge to respect state medical marijuana laws. We're left to wonder if that will now become their blanket justification, to be invoked each time they elect to move in on an established medical marijuana provider. No one was arrested in today's raid, so we'll likely be waiting a while to find out what the hell happened.

The skeptical interpretation is that nothing's changed, that the feds will simply be more careful with the wording they use to describe future enforcement efforts that target medical providers. A worst-case scenario would the adoption of a policy in which the full force of federal law is brought down upon any medical marijuana provider who is accused of even a minor violation of state law. Defendants facing only federal charges would have no means to contest the grounds on which they were targeted to begin with. The practical value of Obama's purported policy shift would be negligible.

However, even if that's DEA's gameplan (which wouldn’t surprise me at all), I doubt it could withstand scrutiny. The salient question of why DEA is usurping the responsibilities of state law-enforcement won't escape notice and press coverage of these events grows increasingly competent as the issue continues to boil.

Obama's position on medical marijuana owes a great deal to pure political pressure resulting from the deep unpopularity of the raids themselves. The public simply hates this and won't be satisfied with a fictitious shell-game solution that merely reframes what DEA is actually doing.