cannabisnews.com: Ban on Medical Pot Cases Quickly Lifted





Ban on Medical Pot Cases Quickly Lifted
Posted by CN Staff on March 06, 2009 at 19:13:16 PT
By Scott Glover
Source: Los Angeles Times
Los Angeles, CA --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.U.S. Atty. Thomas P. O'Brien declined comment on what prompted him to issue the directive or to later rescind it.
O'Brien's decision to temporarily halt the prosecutions came two days after remarks by Atty. Gen. Eric Holder, who seemed to imply at a Washington, D.C., press conference that medical marijuana prosecutions would not be a priority for the Justice Department under President Obama.A Justice Department official said Friday that the attorney general did not direct O'Brien or any other U.S. attorney to alter policies regarding the prosecution of such cases.O'Brien's initial order was delivered in a memo by Christine Ewell, head of the U.S. attorney's criminal division, according to three sources who read the document, which was distributed by e-mail on Feb. 27.In addition to being told to stop filing new cases, prosecutors were instructed to refrain from issuing subpoenas or applying for search warrants in pending cases, said the sources, who requested anonymity because they were not authorized to speak publicly about the matter. In fact, a few hours after the memo was circulated, Ewell sent out another e-mail admonishing prosecutors not to discuss the contents of the memo with anyone outside the U.S. attorney's office, the sources said.Another e-mail came out Friday instructing prosecutors to resume work on medical marijuana cases. Despite the reversal, news of the temporary ban is likely to spark interest amid the ongoing national debate over medical marijuana. Thirteen states, including California, allow for the cultivation, use and sale of doctor-prescribed medical marijuana under certain conditions, according to the Marijuana Policy Project, an organization that supports the legalization of the drug. Federal law, which trumps those of the states, bans the drug altogether.As a result, operators of dispensaries in California and elsewhere who maintain they were operating under state law have been raided by the Drug Enforcement Administration and charged under federal drug laws.Such prosecutions have been controversial, with patients and supporters of the dispensaries complaining that operators embraced by their own communities were unfairly targeted. Thom Mrozek, a spokesman for O'Brien, has said that prosecutors target people they consider egregious offenders, such as those accused of selling drugs to minors or proprietors with past drug convictions.One high-profile case went to trial in U.S. District Court in Los Angeles last summer. Charles Lynch, who sought and received the blessing of elected officials in Morro Bay before opening a dispensary in that Central Coast community in 2006, was charged with distributing more than 100 kilos of marijuana.At trial, prosecutors portrayed Lynch, 47, as a common drug dealer who sold dope to minors and toted around a backpack stuffed with cash.Lynch and his lawyers hoped to mount a defense based on the assertion that he was providing a legitimate service to cancer patients and other severely ill people. But they were limited in doing so because the U.S. Supreme Court has concluded that because federal law trumps those of the states, why drugs are being distributed is irrelevant.Jurors convicted Lynch on five counts, but the jury forewoman said it was not easy to do so. "We all felt Mr. Lynch intended well," Kitty Meese said after the verdict in August. "It was a tough decision for all of us because the state law and the federal law are at odds."Lynch, who is to be sentenced later this month, is facing a mandatory minimum of five years in federal prison. His case has become something of cause celebre among medical marijuana advocates.Holder was asked about medical marijuana at a Feb. 25 press conference after the arrests of more than 50 alleged members of Mexico's Sinaloa drug cartel. Specifically, he was asked whether the DEA would continue raiding medical marijuana dispensaries under Obama's administration. He did not answer the question directly but said: "What the President said during [the] campaign . . . is now American policy."Obama was asked about the topic numerous times during the campaign and responded with varying levels of specificity. Generally speaking, the campaign's position was that DEA raids would not be a high priority in states with their own medical marijuana laws on the books."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," Nick Shapiro, a White House spokesman, told the Washington Times last month. Shapiro declined to elaborate on Friday.Alex Capron, a professor of law and medicine at USC, said the debate about medical marijuana centers on whether the drug is viewed exclusively as an illegal narcotic or a drug that also has legitimate medical applications."It has become a highly politicized issue as to whether it is something that is part of the doctor-patient relationship or something where the authorities have an obligation to protect the community from a dangerous drug," Capron said.He added that he wasn't surprised that O'Brien would want to deliberate over his office's policy on such a matter in private."One the one hand, there's a very vocal constituency that wants this treated like a medical issue. On the other, there's a very vocal constituency that regards allowing medical marijuana treatment as a very slippery slope toward the legalization of drugs. He doesn't want to look like he's abandoning his commitment to law enforcement," Capron said.Note: L.A.'s U.S. attorney declines to say why he ordered prosecutors to stop filing charges, then abruptly changed his mind.Source: Los Angeles Times (CA)Author: Scott GloverPublished: March 7, 2009Copyright: 2009 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/FJdY3ofcCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #13 posted by observer on March 07, 2009 at 12:05:55 PT
Att. Gen. Holder
L.A.'s U.S. attorney declines to say why he ordered prosecutors to stop filing charges, then abruptly changed his mind.Why? Because the entire world-wide "war on drugs" relies on cannabis prohibition as its linchpin. Without cannabis users as scapegoats, there isn't enough other real drug "abuse" to justify the massive police state and government apparatus dedicated to "drugs" (read: cannabis). Without pot prohibition, they can't justify the massive police state so easily. That's why fascists in government (I speak in a bipartisan spirit, of course) realize that cannabis growers, sellers, and users must always be jailed. That's why he abruptly changed his mind - the reset of the police state apparatus came down on him. It took about a week. I'm sure he loves his family very much, and so, he'll do exactly as he is told to do, by the prohibitionists. 
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Comment #12 posted by observer on March 07, 2009 at 11:53:08 PT
The Fix Is In
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.There we go... the fix is in. First things first. We must sacrifice ourselves to the police state. Otherwise, they wouldn't have nice jobs, throwing us in jail. Oh, I mean saving the children from "drugs". That's what they're doing: saving the children. Yeah, that lasted about as long as Joycelyn Elders after she said it was time to simply talk about legalization. Was it a full week, even, this time around? 
http://drugnewsbot.org
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Comment #11 posted by Had Enough on March 07, 2009 at 11:08:49 PT
Ms Kitty...Politically Correct 
I received this in my inbox this morning. I immediately thought of Ms Kitty, the jury forewoman in the Charles Lynch federal witch hunt where it was stated: “Jurors convicted Lynch on five counts, but the jury forewoman said it was not easy to do so. "We all felt Mr. Lynch intended well," Kitty Meese said after the verdict in August. "It was a tough decision for all of us because the state law and the federal law are at odds."”************The following is the winning entry in an annual contest at Texas A&M University calling for the most appropriate definition of a contemporary term: This year's term was Political Correctness. 
 The winner wrote: 
 "Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end" R. J. Wiedemann LtCol. USMC Ret.
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Comment #10 posted by Hope on March 07, 2009 at 10:52:45 PT
What Holder said.
"What the President said during [the] campaign . . . is now American policy." My knowledge of government structure is a bit hazy on this, especially after the last eight years, but can the President change or make American Policy simply by his word, or has he got to work it through all the legislators?
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Comment #9 posted by Hope on March 07, 2009 at 10:37:30 PT
Glimmer of hope in this doubtful looking situation
I suspect keeping promises means a lot to President Obama.Brrrr. This gives me a chill.I was hopeful the jackbooted agents of government terror were being reigned in.
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Comment #8 posted by Had Enough on March 07, 2009 at 10:31:56 PT
Opps there goes another rubber tree plant!!!
Frank Sinatra & Whole Bunch of Kids - High Hopeshttp://www.youtube.com/watch?v=2q3Y0yB0Egc
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Comment #7 posted by runruff on March 07, 2009 at 10:09:48 PT
Public enemy number one!
The republicans were successful at selling cannabis to the public as public enemy no. 1.Want to smile about something?Cannabis has twice the approval by the American people as the republican party!They lost to a plant!Arthur,[Alfred E. Newman's pet rubber plant] is feeling very proud about just now!
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Comment #6 posted by Hope on March 07, 2009 at 07:59:42 PT
That wicked "Dance" with prohibitionists.
It's so common for us to be forced two steps back for every step we manage to take forward. I was hoping maybe that was over, yet wary that it wasnt'. I knew the choreographer of the evil dance they have locked us in to, wouldn't have given up that easily.It's going to be a while before we break the embrace of the "War" minded choreographer of prohibition and his many minions. We need to throw a few Tae Kwon Do moves in our part of the "Dance" to put the "bosses" down and out and put an end to their nasty, slippery footwork.
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Comment #5 posted by Had Enough on March 07, 2009 at 07:30:10 PT
Dancin’ Fools
I agree, watch their feet instead of their political poppy-cocked mouths.Political posturing is not acceptable when people are having their lives ruined, jailed, and sometimes even worse.************Ms. Kitty really needs to ‘hear’ to her own words. She knew she did the wrong thing, she knew it when she was contemplating it, but did it anyway, and even admits that fact, rather proudly too. Cow-towing to the status quo… How much lower can you go when you knowingly are doing the wrong thing and still do it??? Especially when those actions affect someone else’s life and others so drastically.************Speaking of political poppy-cock…I was wondering if the California State Legislature approves their bill to re-legalize cannabis, would Gov. Arnold veto the bill???This world of political crap, money grubbing, power playing, etc. is leading to the demise of mankind and the very ground we stand on, the air we breath, the food we eat, and the water we drink. Everybody better wake up and do it quick.************Frank Zappa – Dancin Fool…http://www.dailymotion.com/video/x738f_frank-zappa-dancing-fool_extreme
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Comment #4 posted by gloovins on March 06, 2009 at 22:24:43 PT
ummm,
this is exactly why I waited to celebrate Holders words...he's a politician people, he's paid to be vague and slippery..watch their feet, not their mouths....we'll see if the jackboots cont to kick dispensiaries doors...just watch...the status quo is a tough nut to crack, they are happy denying people natural pain relief in the guise of good intentions. shame on them...
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Comment #3 posted by Hope on March 06, 2009 at 22:21:06 PT
This article has an ominous quality to it.
It makes me uneasy. It sounds like some phone calls were made and some impressions were corrected. I don't like it at all. Maybe Obama, even though he really is their Commander in Chief, or maybe that just refers to military, can't really give them orders or stop them until some laws are changed and corrected, and they'll keep on raiding people, unchecked, until that's done and, of course, we know how quickly and efficiently that's likely to happen.*sigh* 
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Comment #2 posted by Sam Adams on March 06, 2009 at 21:57:30 PT
shame
Jurors convicted Lynch on five counts, but the jury forewoman said it was not easy to do so. "We all felt Mr. Lynch intended well," Kitty Meese said after the verdict in August. "It was a tough decision for all of us because the state law and the federal law are at odds."There's a word for people like you Kitty....coward
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Comment #1 posted by itsonlyaplant on March 06, 2009 at 20:02:48 PT
Hmmmm
Sounds to me like Att. Gen. Holder needs to have a conversation with this guy and tell him whats up with his statements regarding Pres. Obama's stand on MMJ. Maybe a deluge of emails from folks might be in order.
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