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  • Feb
    28
    Medical marijuana advocates and users confront Los Angeles police during a Drug Enforcement Administration raid of a medicial marijuana dispensary on July 25, 2007.

    Medical marijuana advocates and users confront Los Angeles police during a Drug Enforcement Administration raid of a medicial marijuana dispensary on July 25, 2007.

    Supporters of programs to provide legal marijuana to patients with painful medical conditions are celebrating Attorney General Eric Holder’s statement this week that the Drug Enforcement Administration would end its raids on state-approved marijuana dispensaries.

    Federal raids on medical marijuana distributors continued at least into the second week of Barack Obama’s presidency, when federal agents shut down at least two dispensaries in California on Feb. 3.  Holder was asked about those raids Wednesday in Santa Ana, Calif., at a news conference that was called to announce the arrests of 755 people in a nationwide crackdown on the U.S. operations of Mexican drug cartels. He said such operations would no longer be conducted.

    “What the president said during the campaign … will be consistent with what we will be doing here in law enforcement,” he said. “What (Obama) said during the campaign … is now American policy.”

    Obama indicated during the presidential campaign that he supported the controlled use of marijuana for medical purposes, saying he saw no difference between medical marijuana and other pain-control drugs.

    “My attitude is if the science and the doctors suggest that the best palliative care and the way to relieve pain and suffering is medical marijuana, then that’s something I’m open to,” Obama said in November 2007 at a campaign stop in Audubon, Iowa. “There’s no difference between that and morphine when it comes to just giving people relief from pain.”

    White House spokesman Nick Shapiro hinted at the policy shift shortly after the California raids, telling The Washington Times that the dispensaries were legal in California and that the Obama administration’s stance was that “federal resources should not be used to circumvent state laws.”

    Major shift in federal policy
    The new policy represents a significant turnabout for the federal government. During the Bush administration, DEA agents shut down 30 to 40 marijuana dispensaries, the agency said.

    The Web site of the White House Office of National Drug Control Policy had yet to catch up to the policy shift as of Friday afternoon, and was still prominently featuring a “ Medical Marijuana Reality Check” declaring that “marijuana is not considered modern medicine” and arguing that “no animal or human data support the safety or efficacy of smoked marijuana for general medical use.”

    Holder’s comments received little notice Wednesday, overshadowed by the news of the drug arrests. But supporters of legalized marijuana seized on them as an important sign of progress in their campaign.

    “Holder’s statement marks a dramatic shift in U.S. drug policy and is a major victory for the 72 million Americans who reside in states where the use of medical cannabis is legal,” said Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said in a statement.

    Thirteen states allow the cultivation, sale and use of medical marijuana.

    Armentano said the shift would add momentum to campaigns in states that are considering their own medical marijuana laws. The New Jersey Senate approved such a bill Monday, and Gov. Jon Corzine said he would sign it if it cleared the state Assembly.

    Charles Lynch, who operated a state-approved dispensary in Morro Bay, Calif., before it was raided in 2007, also welcomed the new policy.

    “It’s a good thing for California. It’s a good thing for the other 12 states that have medical marijuana laws,” said Lynch, who was convicted in August of federal drug charges.

    Lynch could face five years in prison when he is sentenced late next month, but in light of the new federal policy, he said he would appeal his conviction and seek a presidential pardon.  Lynch contended that dispensaries like his were vital for patients in the last stages of a painful illness.  “Having one in your community, wherever that may be, is a good thing because it helps these people that need relief,” he said.


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  • Feb
    8

    medical1WASHINGTON —- The White House won’t say it explicitly. Neither will the Drug Enforcement Administration. Yet there is a whiff in the air that U.S. policy is about to change when it comes to medical marijuana.

    The message is clear, said UCLA professor Mark Kleiman, a former Justice Department official and an expert on crime and drug policy. “It is no longer federal policy to beat up on hippies,” said Kleiman.

    Tell that to the DEA.

    In California this past week, agents raided four dispensaries in Los Angeles and seized 500 pounds of pot. “It’s a little bit surprising, because I think current DEA management didn’t get the message,” said Kleiman. “The message is, this is no longer drug warrior time. We are not on a cultural crusade against pot smoking.” California law permits the sale of marijuana for medical purposes, though it is still against federal law.

    Thirteen states have laws permitting medicinal use of marijuana. California is unique among them for the presence of dispensaries, businesses that sell marijuana and even advertise their services. Legal under California law, such dispensaries are still illegal under federal law.

    “Anyone possessing, distributing or cultivating marijuana for any reason is in violation of federal law,” Sarah Pullen, a DEA spokeswoman in Los Angeles, said Thursday. That may be the law, but it contradicts the medical marijuana position of the new president.

    “The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind,” said White House spokesman Nick Shapiro, repeating past statements. So on Friday, DEA officials in Washington declined to comment at all on the subject.

    As a presidential candidate, Obama repeatedly promised a change in federal drug policy in situations where state laws allow use of medical marijuana.

    “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 told the Mail Tribune of Medford, Ore., in March.

    A year earlier at a campaign stop in New Hampshire, Obama said: “I would not have the Justice Department prosecuting and raiding medical marijuana users.” At age 47, Obama is part of a generation that had plenty of exposure to pot.

    In his memoir, “Dreams from My Father,” he described time spent as a youth struggling with questions about his race and identity, and turning to drugs —- including marijuana and cocaine —- to “push questions of who I was out of my mind.”

    The new president is unlikely to make any official change in policy before he has a new DEA chief and drug czar in place.Yet experts believe it is already clear the Obama administration will change the strategy, if not the law, on medical marijuana.

    Philip Heymann, a former deputy attorney general in the Clinton administration who is now a Harvard professor, said it’s time for the agency to put more effort into fighting drugs more dangerous than marijuana. “I do expect him to appoint an administrator who takes marijuana less seriously than is traditional for the DEA, as I think most Americans do,” said Heymann.

    Heymann said he expects the Obama administration will eventually instruct the DEA to emphatically scale back raids on dispensaries, and conduct such raids only in instances where investigators believe a business is abusing the dispensary system as a cover for other criminal behavior. So last week’s raids in California may be the last of their kind.

    “The DEA’s not likely to want to confront a new president,” said Heymann. “It may simply be that they’re behaving as they have traditionally, and they haven’t anticipated the change Obama and his spokesman are signaling.”


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