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Thursday, March 17, 2011
Medical Marijuana Feds say medical marijuana is as illegal as ever
Posted by Bryce Crawford on Thu, Mar 17, 2011 at 4:15 PM
Today, a news release from the Cannabis Therapy Institute brought to light a February memo from the U.S. Department of Justice. It clarifies that regardless of state law, "the prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department."
"As the Department has stated on many occasions, Congress has determined that marijuana is a controlled substance," wrote Melinda Haag, U.S. Attorney for the Northern District of California, on Feb. 1 in response to a clarification request from the Oakland city attorney. "Congress placed marijuana in Schedule I of the Controlled Substances Act (CSA) and, as such, growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities."
CTC says it thinks the memo could explain the recent increase in federal raids at dispensaries in California and Montana, where dozens were arrested, and the assets and bank accounts of the owners seized.
"Maybe this will wake people up who think that it can't happen here," says Kathleen Chippi of the Colorado-based Patient and Caregiver Rights Litigation Project. (See more on her efforts here and here.)
The memo came in response to a query from Oakland city attorney John A. Russo regarding a local company's plan to build an industrial-scale medical marijuana warehouse, an operation Haag said the DOJ is "concerned" about.
"Accordingly, the Department is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the city of Oakland, individuals who elect to operate 'industrial cannabis cultivation and manufacturing facilities' will be doing so in violation of federal law," Haag wrote, continuing with strong words for those who assist dispensary owners. "Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law.
"Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA. As the Attorney General has repeatedly stated, the Department of Justice remains fully committed to enforcing the CSA in all states."
See the entire memo here; see the original Holder memo here.
Comments (6)
Showing 1-6 of 6
Where are our Representatives? Please Mr. Udall, Mr. Bennett, Mr. Lam born, et. al...put forth a bill to end the prohibition of marijuana. It is time our government listen to the will of the citizens, and stop this madness.
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Posted by
WhiteRabbit
on 03/17/2011 at 5:50 PM
This lady is psychotic! I can't even believe the memo I just read. We seriously need to defund the DEA. They're a complete waste of my tax money.
Colorado Congressman Polis started a new campaign, check it out: www.fearlesscampaign.com
Posted by
OrganicallyOne
on 03/17/2011 at 7:21 PM
Everyone who has anything to do with cannabis needs to read the short (two-page) memo written by US Attorney Haag in response to an inquiry from Oakland, CA (http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf). People have been misleading themselves about the import of the Ogden Memorandum (which supposedly enunciated a hands-off approach to medical cannabis in those states enlightened enough to have it) -- the Haag Memo makes it absolutely clear that anyone other than a dying patient is subject to investigation, arrest, prosecution, and incarceration. Read just this one paragraph from the memo:
"The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we will enforce the CSA [Controlled Substances Act] vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department's investigative and prosecutorial resources will continue to be directed toward these objectives."
The so-called "United States Justice Department" is revealed hereby to be an illegitimate institution waging war against the people of the United States, and an enemy of American liberty. Real Americans will act against the criminal gang of fascists controlling the Congress, many state legislatures, the courts, and their Schutzstaffel, the Injustice Department. No terrorist or serial murderer threatens our society more than rabid animals like Haag and the dupes who continue to prop them up.
Posted by
Robert Chase
on 03/18/2011 at 12:52 PM
Posted by
kangaroo
on 03/18/2011 at 3:12 PM
Cannabis cannot be unlawfully produced, sold or purchased. There is no LAW against the production, sale or consumption of cannabis. The terms ILLEGAL and UNLAWFUL cannot be used interchangeably. An ACT is not a LAW. To make such a claim is coterminous to fraud. Fraud is UNLAWFUL; therefore Melinda Haag and the DEA have and are committing an action against the LAW. This action could potentially also be considered to be treason in the context of which it is being committed. You see who the actual criminals are?
Posted by
NothingButTheTruth
on 03/18/2011 at 3:37 PM
Schedule I Cannabis is a damned lie. NIXON placed Cannabis in there despite the Shafer Commission's legitimate findings. The prohibition of Cannabis while tobacco and alcohol are dispensed freely is *MURDEROUSLY STUPID*. The attacks upon providers of the herb to physician-certificated patients in need is a crime against humanity.
IT SHALL NOT STAND.
-Richard Paul Steeb, San Jose California
Posted by
RSteeb
on 03/20/2011 at 12:48 PM
