Medical Marijuana

This is a potentially big development:

U.S. District Court Judge George H. Wu asked prosecutors for a written response from the Justice Department about its position on medical marijuana prosecutions in light of recent comments from Atty. Gen. Eric H. Holder Jr.

Holder said last week that the Justice Department under President Obama had no plans to prosecute dispensary owners who operated within their state's law.

Wu said he did not believe that any change in policy would affect the conviction of Charles Lynch, 47. But the judge said he wanted to consider any new information about the policy before imposing sentence. [Los Angeles Times]

Even as the new administration moves towards ending federal interference with state medical marijuana laws, Lynch's prosecution remains a national controversy and a harsh reminder that the war on medical marijuana continues to claim casualties.

Attorney General Holder has only one logical choice here: tell Judge Wu to send Charlie Lynch home. It's the only option that would be morally and politically consistent with the administration's decision to respect state medical marijuana laws. Holder has been handed an opportunity to intervene and if he lets this man go to prison, he makes a mockery of everything he's said about medical marijuana policy.

This is yet another important test that will tell us a great deal about the new administration's commitment to cleaning up the mess created by a decade-long war against medical marijuana. Thus far, Obama's approach has been encouraging and I'm optimistic that justice will be done in the Lynch trial as well.

It should be abundantly clear at this point that the best way to avoid bad publicity with regards to medical marijuana policy is to support patients and providers.

Wow, it's almost hard to keep up. Here's yet another potentially major breakthrough on the medical marijuana front:

Days before President Bush left office in January, his administration fired a parting shot at Professor Lyle Craker's eight-year quest to cultivate marijuana for medical research by abruptly denying him a federal license despite a nearly two-year old Drug Enforcement Administration law judge's recommendation that he receive one.

But the new administration led by President Obama, who has publicly backed the use of marijuana for medical purposes to stave off pain, might reverse the decision and keep Craker's license application from going up in smoke.

A source familiar with the case said the White House will likely demand that the decision be reviewed.

"Basically they want to do an autopsy of what occurred and have it go through a proper review," the source said. [National Journal]

Anonymous sources can be misleading, so I called Aaron Houston at MPP, who told me the story is true and graciously did not request anonymity.

Of course, it remains to be seen whether the administration's review ultimately results in reversal of the research blockade, but the fact that they're looking into it is a very positive indication. It should prove difficult to examine this issue without seeing it for what it is: a prolonged and transparently dishonest effort to obstruct medical marijuana research by preventing researchers from producing marijuana and denying them access to existing sources.

Given yesterday's reaffirmation of Obama's pledge to respect state medical marijuana laws, it seems that a positive pattern has emerged here. The new administration is re-evaluating the issue from multiple angles and finding that medical marijuana has been mishandled at the federal level in more than one way. It's tremendously encouraging to see the executive branch taking interest in corrupt political obstructionism at the DEA. I'd encourage them to expand the inquiry beyond just medical marijuana.

At a press conference yesterday:

U.S. Atty. Gen. Eric H. Holder Jr. said Wednesday that the Justice Department has no plans to prosecute pot dispensaries that are operating legally under state laws in California and a dozen other states -- a development that medical marijuana advocates and civil libertarians hailed as a sweeping change in federal drug policy. [Los Angeles Times]

This should remove doubt once and for all about the direction the new administration is heading with regards to medical marijuana. There's been some confusion about this, but Holder himself has been consistent in maintaining that medical marijuana providers operating legally under state law will be left alone.

The biggest remaining question is what will become of unresolved criminal cases initiated during the Bush administration. Charlie Lynch, whose recent federal conviction has become a national controversy, will be sentenced next week. Lynch and others like him are lingering casualties in a war that's been called off at the highest levels of government. The president and attorney general are on the right track, but the job isn’t done until the innocent victims of the war on medical marijuana are set free.

NORML's Paul Armentano has a piece at reason marking the 10th anniversary of the government-funded Institute of Medicine report, which proved beyond any doubt that marijuana is medicine. The debate should have ended right then, but our opponents adopted a desperate strategy of claiming that the report said something other than what it clearly said.

Fortunately, the American people took matters into their own hands we've made tremendous progress over the past decade towards increasing patient access and changing the tone of the debate. Our opponents have almost entirely conceded marijuana's medicinal value and now resort to the pathetic fallback position of saying that smoking is bad and patients should take THC pills instead.

We've been proven right morally, scientifically and even politically. But it's still amazing to think that only a few short years ago our opponents were still claiming that marijuana wasn't medicine. Now that everyone knows those people were dead wrong, it's worth considering how phenomenally irresponsible it really was to withhold the truth about a medicine that could have helped people.

Paul makes an important point that after years of legal medical access in several states, anyone can plainly see that opponents of medical marijuana weren't just wrong about science. They were wrong about every single bad thing they said would happen if medical marijuana became legal. Many of those people are still considered experts on drug policy. They shouldn’t be.

I was taking this online poll at The Chicago Tribune about medical marijuana and the wording got me thinking:

Do you support the use of marijuana for medicinal purposes?

Naturally, over 90% said yes because only a small number of really difficult people still have a problem with medical marijuana. But what do these people even mean that they don't "support the use of marijuana for medical purposes?" There are FDA approved medications with the same active ingredient as marijuana. Saying "marijuana isn't medicine" isn't an opinion, it's a factual error.

Really, the poll question might as well read: Do you support the use of medicine for medicinal purposes?

Via MPP, another example of the daily idiocy that will continue until medical marijuana use is protected throughout the country:

Laura Llanes does not regret buying her aunt marijuana, even though it has cost her a job as police dispatcher.

She was stunned, nevertheless, when she was fired last week after admitting she bought the marijuana to help relieve her aunt's suffering through breast cancer and chemotherapy.

Marijuana for medicinal purposes is legal with a prescription in 13 states; Illinois is not one of them.

Llanes, 28, of Lake Villa remains adamant she did the right thing, saying her biggest mistake was telling a few co-workers what she had done: "They ratted me out."

Her aunt, who lives in Aurora, was "sick constantly, not eating, not having an appetite. She is diabetic. She has to eat. She was whittling away to nothing," said Llanes.

"I thought I will get her some marijuana so it would get her to eat. It worked. She did get the munchies." [Chicago Tribune]

It's a sad story to be sure, but if there's a bright side, it's that this entire story in The Chicago Tribune makes opponents of medical marijuana sound like monsters. There's a bill in the Illinois legislature to end this madness once and for all. I hope the state's legislators read the paper today, because this story tells you everything you need to know about why medical marijuana laws are needed.

I'm hearing a lot of discussion about this odd story from the LA Times:

The U.S. attorney in Los Angeles sent a confidential memo to prosecutors last week ordering them to stop filing charges against medical marijuana dispensaries, then abruptly lifted the ban on Friday, according to sources familiar with the developments.

So he initially orders everyone to completely back off of medical marijuana cases, then for unknown reasons, reverses course and tells prosecutors to proceed as they have in the past. It's creepy and plays right into the suspicions of those who thought the Feds wouldn’t back off without a fight.

Nonetheless, I'm leaning towards the assumption that the initial memo was just a little bit premature, but that we'll ultimately see a policy along those lines. I contacted Caren Woodson at Americans for Safe Access for a more informed analysis. Here's what she has to say:

I think it's confusion --- it's important to remember that we aren't even close to having the appropriate Obama officials seated at this point.  We expect, per the White House's comments, review of the policy as these people are formulating new policy. Keep in mind Deputy AG Ogden hasn't been sworn in yet.

At this point there has been no new movement; no new raids or new indictments. We are, however, still concerned about what becomes of the individuals still undergoing prosecution or waiting federal sentences... And I think that will require a deeper, more comprehensive discussion with the Obama Administration...once we have a better sense of who will be staying and who will not!

In other words, don’t freak out, at least not yet. The new administration has said the raids will end and that's what we're expecting.

Everywhere you look, the irrational persecution of medical marijuana patients is going out of style:

Oakland, CA -- The California Department of Motor Vehicles (DMV) issued a new policy yesterday with regard to how it treats qualified medical marijuana patients. The DMV Driver Safety Procedure Manual was revised to include reference to medical marijuana, stating that "use of medicinal marijuana approved by a physician should be handled in the same manner as any other prescription medication which may affect safe driving." [Americans for Safe Access]

The policy change stemmed from a lawsuit brought by Americans for Safe Access on behalf of a patient who lost her license despite decades of perfect driving. ASA notes that several counties in California have been designating patients as "drug abusers" solely due to their medical use of marijuana.

The mind-bending stupidity of all this is staggering when you consider the plethora of popular perfectly-legal pharmaceuticals that won't affect your driving privileges despite turning you into a slobbering zombie for 8 hours. Fortunately, the idiots who've been playing doctor/cop at California's DMV can look forward to a shiny new memo telling them to cut the crap.

In a press conference intended to celebrate a series of DEA raids on Mexican cartels operating in the U.S., Attorney General Eric Holder was asked about the medical marijuana raids. He said this:



What's particularly delightful about this is that DEA Administrator Michele Leonhart was standing right next to him. It would have been nice if the cameras had turned to capture Leonhart's expression as her new boss announced the termination of the vicious campaign for which she bears great responsibility.

Although we've known this was coming for some time now, it's particularly gratifying to watch the Attorney General's mouth form the words we've waited 10 years to hear. So many have sacrificed so much to get us to this point. There were so many times when this fight looked hopeless to everyone but us, which is worth keeping in mind the next time someone tells us we're asking for too much.

As a decade of bad policy is brushed aside with scarcely a whimper, it's becoming clear how fictitious and contrived this debate has been from the beginning. One can scarcely overstate how ridiculously unfounded the fears of our political culture have proven to be. It's amazing to think that our government remained invested in this preposterous crusade for so long not because our leaders necessarily believed in it, but often because they simply lacked the courage to consider a change of course.

As sad as that sounds, there's a lesson here in that the best arguments for reform will often have more to do with politics than policy.

The New Jersey Senate passed a medical marijuana bill on Monday, prompting State Senate President Richard J. Codey to utter one of the worst pot jokes I've ever heard:

Dude, you're not Jay Leno. Sadly, it's hard to imagine what threshold must be crossed before sick and dying patients can receive protection under the law without having to endure the completely banal, sophomoric comedy stylings of some of America's least funny people.

Too many public officials, news anchors, and journalists still think pot jokes are a free ride to funnytown, and we'll usually give them a pass on it, even as they unleash one sorry groaner after another. But the line ought to be drawn on the senate floor, when seriously ill patients are in the room. That is just basic professional courtesy.

Fortunately, FOX at least picked up the story and acknowledged the controversy that this type of childish behavior provokes. Hopefully, we are moving towards a point when legitimate medical marijuana patients are left alone, not only by police, but by bad amateur comedians in all sectors of public service.