President Barack Obama touted a progressive attitude on medical marijuana on the campaign trail, but since taking office, Obama’s administration has hardened its stance and supporters of the drug are crying foul on the flip-flop.

In a March 2008 interview, Obama told the Oregon Mail Tribune that medical marijuana ranked low on his list of priorities.

“I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that’s entirely appropriate,” Obama said. “I’m not going to be using Justice Department resources to try to circumvent state laws on this issue.” But the numbers tell another story.

Since October 2009, Americans for Safe Access, a group committed to legalizing medical marijuana, estimates the Justice Department has carried out 170 raids on dispensaries and cultivation facilities in nine states.

“Every time a dispensary is shut down, there are literally hundreds of people waking up that day wondering where they will get their medication,” saysKris Hermes, the spokesperson for the Americans for Safe Access.

Hermes says he’s confident that the number of raids since the president took office is actually around 200.

“He’s broadened his attack,” Hermes says. “Until Obama was elected, George W. Bush had the most aggressive posture toward medical marijuana…he’s been even more aggressive than his predecessor.”

Americans for Safe Access estimates that during the entire eight years of the Bush administration, roughly 200 raids were carried out, something Hermes says the Obama administration has accomplished in less than four years.

Asked why the Obama administration had been so aggressive in pursuing federal drug law violations involving medical marijuana, the DOJ told Whispers, “Sorry, we do not have statistics to support [that accusation].”

Pro-marijuana groups say Obama has expanded the attack on medical marijuana from DOJ to a wide array of other federal agencies, including the Internal Revenue Service, which has lead dozens of audits of medical marijuana businesses. The IRS has also aggressively penalized medical marijuana businesses for selling an illegal drug by requiring the businesses to pay federal taxes on gross income, not net income, eliminating the tax break most businesses receive from deducting payroll costs.

The Department of Housing and Urban Development released a memo in 2011that allows public housing agencies to evict tenants who use medical marijuana. The Bureau of Alcohol, Tobacco, Firearms and Explosives also issued a memo in September banning the commercial sale of firearms to medical marijuana patients.

There are 16 states and the District of Columbia that have their own medical marijuana laws.

And experts say U.S. attorneys’ threats against local and state officials who enact medical marijuana laws in their states have even slowed down the implementation of new laws in Arizona, Montana, Rhode Island, and Washington.

“It’s a weaselly threat, but it has scared a few governors,” says Bill Piper, the director of national affairs for the Drug Policy Alliance, a group committed to finding alternatives to current drug laws. “The intensity and multi-agency assault is far worse than the Bush administration and the Clinton administration.”

Allen St. Pierre, executive director for NORML, which seeks to reform marijuana laws, says the president might have political as well as legal motivations for reversing his initial position on medical marijuana. St. Pierre argues that current laws prohibit the Obama administration from turning a blind eye to state’s medical marijuana legalization.

“In essence, the administration is sort of hamstrung,” St. Pierre says.

St. Pierre says letting states regulate marijuana as they please would burn up a lot of the president’s political capital, adding that Obama has to take action or he risks earning a reputation in 2012 election as soft on drugs.

Source: Chicago Tribune (IL)
Author: Lauren Fox, U.S. News & World Report
Published: April 12, 2012
Copyright: 2012 Chicago Tribune Company
Website: http://www.chicagotribune.com/

Richard Lee has been one of the state’s most visible activists for liberalized marijuana laws, having spent $1.5 million of his own money supporting an ill-fated ballot initiative in 2010 to decriminalize recreational use. But Lee is also an entrepreneur in the legally cloudy arena of medical marijuana, and on Monday the Internal Revenue Service and the Drug Enforcement Administration raided his home and his hemp-related ventures, including Oaksterdam University, a trade school focused on the marijuana industry.

The feds haven’t disclosed what they were looking for, other than to say the raids grew out of a federal criminal investigation. Nevertheless, Lee’s supporters complain that the Obama administration isn’t honoring its own policy from 2009, when a top Justice Department official advised U.S. attorneys not to go after “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

That policy doesn’t seem to have much sway these days, considering the recent crackdowns by federal authorities on medical marijuana dispensaries in California and Colorado. But even if it were still in effect, the vagueness of state law and conflicting judicial interpretations make it well nigh impossible for anyone in California to be in clear and unambiguous compliance. That’s because Proposition 215, the 1996 measure that decriminalized the medicinal use of marijuana, and SB 420, the 2003 law to clarify its provisions, left far too many loose ends.

Foremost among these is the ability of local governments to set their own, specific policies on medical marijuana. Oakland has been a leader in that effort, adopting an ordinance regulating and taxing medical marijuana-related ventures. But a recent California appeals court ruling calls into question any city’s ability to set restrictions of any kind on dispensaries. Another ruling held that dispensaries had to grow all their marijuana on site, but cities couldn’t ban them. There are also fundamental questions about whether dispensaries can sell their wares, and if so, how much money they can make without violating SB 420′s ban on profiting from the sale or distribution of marijuana.

State lawmakers appear to be waiting for the California Supreme Court to resolve the disagreements in the lower courts, which would clear away some of the haze. But regardless of what the justices decide, there will still be major issues to resolve. The Legislature should stop waiting and fill in the many blanks in medical marijuana laws. That won’t resolve the basic conflict between state and federal governments regarding marijuana, but at least it will clarify what the state’s policy is.

Source: Los Angeles Times (CA)
Published: April 5, 2012
Copyright: 2012 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/