Drug Policy Alliance: "Obama Administration's Medical Marijuana Policies Now Worse Than Bush"

[Better Believe It]

Press Release | 10/07/2011

Obama Administration Escalates War on Medical Marijuana Patients

US Attorneys in California Say They Will Shut Down Dispensaries, Prosecute Landlords and Seize Properties Notwithstanding State Law

Obama Administration's Medical Marijuana Policies Now Worse Than Bush and Clinton Policies


Despite the Obama Administration's promise to respect state law and leave medical marijuana patients alone, its attack on patients and providers operating legally under state law is rapidly escalating. At least 16 landlords in California this week received letters stating that they are violating federal drugs laws and that state law will not protect them. The four US Attorneys in California are holding a press conference in Sacramento today in which they are expected to announce a broad crackdown on medical marijuana.

A series of administration actions in the past month makes it clear that they are engaged in a full scale assault on medical marijuana patients' rights and their ability to access medicine and that they have reconsidered their willingness to allow states with medical marijuana laws to implement those policies without federal interference. The Treasury Dept. is forcing banks in Colorado to close accounts of medical marijuana businesses operating legally under state law. The IRS now says it will not recognize legitimate business expenses of dispensaries and is requiring owners to pay taxes required of no other businesses; the result will be closure of the most well regulated dispensaries and loss of millions of dollars in tax revenue for local governments. And the Bureau of Alcohol, Tobacco, Firearms and Explosives last week ruled that state-sanctioned medical marijuana patients cannot legally possess firearms.

"The Obama administration's latest moves strongly suggest that their medical marijuana policies are now being driven by over-zealous prosecutors and the anti-marijuana ideologues who dominated policymaking in past administrations," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Barack Obama is betraying promises made when he ran for president and turning his back on the sensible policies announced during his first year in office. Instead of encouraging state and local authorities to regulate medical marijuana distribution in the interests of public safety and health, his administration seems determined to re-criminalize as much as possible. It all adds up to bad policy, bad politics and bad faith."

http://www.drugpolicy.org/news/2011/10/obama-administration-escalates-war-medical-marijuana-patients


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PRESS RELEASE

For Immediate Release: October 7th, 2011

Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
Millions of taxpayer dollars spent undermining state and local medical marijuana laws


Sacramento, CA -- The Obama Justice Department (DOJ) held a press conference in Sacramento today announcing an array of enforcement actions against medical marijuana producers and distributors as well as landlords throughout California. Patient advocates are calling President Obama's enforcement effort harmful and unnecessary, representing a stark contradiction to his pledge of disengagement in medical marijuana states. The DOJ claimed it was carrying out civil and criminal enforcement actions against medical marijuana providers and sending "warning" letters to property owners leasing to dispensary operators.

"Aggressive tactics like these are a completely inappropriate use of prosecutorial discretion by the Obama Administration," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "President Obama must answer for his contradictory policy on medical marijuana." On the campaign trial and in the White House, President Obama pledged that he was "not going to be using Justice Department resources to try to circumvent state laws."

California Congressman Dana Rohrabacher (R-CA) said in a statement issued today that the DOJ enforcement strategy was "a waste of scarce federal resources," underscoring "the need for Congress to pass H.R. 1983, the States' Medical Marijuana Patient Protection Act." H.R. 1983 would reclassify medical marijuana at the federal level and allow states to develop, implement and enforce their own laws.

This attack is the latest in a long line of federal intimidation tactics employed over the past few months by such agencies as Housing and Urban Development (HUD), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS) and the Department of Justice (DOJ). President Obama's DOJ has conducted well over 150 federal raids in at least 7 states since taking office and his U.S. Attorneys sent letters earlier this year threatening local and state officials in 10 states with criminal prosecution if they adopted proposed medical marijuana laws.

By sending threatening letters to landlords, President Obama is taking a cue from his predecessor George W. Bush, whose Justice Department sent similar letters to more than 300 property owners throughout California in 2007. Despite the seriousness of letters sent by the DOJ under Bush, no criminal or forfeiture enforcement actions were ever pursued. It's unclear if the federal government has the resources or inclination to act on these new threats in a significant way, but for the price of postage they have engaged in wholesale intimidation of the medical marijuana community.

Advocates argue that states should be allowed to enforce their own public health laws, including those concerning medical marijuana. "It is unconscionable that the federal government would override local and state laws to enforce its will over the will of the people," said ASA spokesperson Kris Hermes. "States must be allowed to enforce their own laws without harmful interference from the Obama Administration." California Attorney General Kamala Harris was apparently not warned by the DOJ about the heightened federal enforcement effort before today.

The DOJ enforcement effort comes as hundreds of demonstrations against Wall Street are continuing to occur across the country. These protests are, at least in part, questioning the federal government's allocation of limited resources. Meanwhile, President Obama has chosen to expend federal resources to crack down on medical marijuana in states that have legalized its use. "By shutting down dispensaries, the Obama Administration is not only pushing legal patients into the illicit market," continued Hermes, "it's also wasting taxpayer dollars at a time of fiscal crisis."

Further information:
Redacted example of U.S. Attorney letter to landlords of California medical marijuana dispensaries: http://AmericansForSafeAccess.org/downloads/US_Attorney_Landlord_Letter.pdf

http://safeaccessnow.org/article.php?id=6846


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Federal Government Announces Escalation Of Its War On Cannabis
By: Paul Armentano, NORML Deputy Director
October 7, 2011

“This is not an idle threat. … What we’re trying to do is send a message as broadly as possible. … We are serious about enforcing federal law. … We are not just talking about it, but we are doing something about it. … Prosecuting marijuana cases is a higher priority now.”
–statements of the US Attorneys for the four federal districts in California

We’ve seen this coming for some time, but today the gloves officially came off. No more memos filled with false promises; no more phony pledges to respect states rights, no more giggles. Like a caged animal backed into a corner, the federal government is snarling and spitting back. It has no other way to defend its morally bankrupt policy except through a show of strength and intimidation.

So why these stepped up efforts now? The answer ought to be self-evident. The intention of these and other recent, well-publicized threats by the Obama administration is to stifle the development of a viable legal cannabis distribution industry, even in states that have enacted legislation to allow for such an industry.

During today’s conference, all four US Attorneys affirmed that their intent is not to target individual, state-compliant medical cannabis consumers per se, but to emphasize that the Department of Justice is opposed to the regulated commerce of medical cannabis. That’s because once this industry has legitimized itself to the public and local lawmakers in California, Colorado, and elsewhere, then voters will become accustomed to safe, secure, well-run businesses that deliver consistent, reliable, tested cannabis products. They’ll appreciate the way well-regulated medical dispensaries revitalize sagging economies, provide jobs, and contribute taxes to budget-starved localities. They’ll realize all the years of scaremongering by the government about what would happen if marijuana were legal, even for sick people, was nothing but hysterical propaganda. And the voting public will eventually ask: ‘Why we don’t just legalize cannabis for everyone in a similarly responsible manner?’

Read the full article at:

http://norml.org/index.cfm