ginas green flag compliance proposal to jerry & kamala

kamala

make this the green flag rules for california

as the next attorney general

jerry

support these green flag rules

in your unofficial run for govenor

++++++++++++++++++++++++

amend the 2010 california attorney general

compassionate care guidelines to read:

make all compassionate care participants take

green flag rules compliance education training annually

like this dmv list of  schools for car dealer pre-licensing

make all caregivers hold a green flag rules license

like this dmv licensed salesperson required in the car sales industry

make all green flag caregivers post a bond

like this bond requirement for licensed car dealers

make all green flag caregivers submit fingerprints

like this fingerprint requirement for dmv licensed salespersons

make all green flag caregivers obtain local zoning approval

like this property use verification form from the dmv

green flag rules will generate green flag compliance

plus a whole network of folks

to monitor and teach green flag compliance

as a matter of fact

why not just add it to the dmv with special green flag funding

from obama and holder

a model green flag rules compliance program

for the nation to follow

you might need a willis to see which way this wind will blow

gina

Add a comment 31/10/2009

gina our automated mom for green flag compliance suggests the perfect green flag rules gift for the holidays

isnt it time for green flag compliance ???

http://www.cafepress.com/+got_weed_wall_clock,114544354

Add a comment 31/10/2009

gina our automated mom applauds the grass roots green flag compliance advocates

October 21st, 2009 ·

From CalFreedom.net:

The U.S. Justice Department on Monday issued new guidelines telling prosecutors they “should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”  Below is a roundup of reactions from libertarians. At the end is a must-see video from Reason TV in which Drew Carey reports on the ongoing efforts of the Obama Justice Dept. to sentence Californian Charles Lynch to five years in prison for dispensing marijuana to the parents of a teenage cancer victim.

The Libertarian Party: This is a small step in the right direction. The federal government currently wastes tremendous resources in the War on Drugs, creating a huge, vicious, violent black market. This new policy will reduce the damage and destruction, and it will hopefully end some of the unjust prosecution of peaceful medical marijuana providers and patients.  The LP has long called for the repeal of laws that criminalize the medicinal or recreational use of drugs.

Article continues at CalFreedom.net

green flag compliance ++ we make it simple for you

Add a comment 31/10/2009

gina our automated mom for green flag compliance announces we are not the ONLY pot dealer school in town

//

MARINA DEL REY, CA — 10/21/09 — Medical Marijuana, Inc. (PINKSHEETS: MJNA) is currently offering Informational Seminars in Mendocino County, CA. These one hour seminars will culminate in an initial series of two day paid seminars beginning November 6 &7, 2009 at the Discovery Inn in Ukiah, California hosted by MMI CEO and King of Pot, Bruce Perlowin, who was featured in CNBC’s most watched television documentary “Marijuana Inc.”Among significant topics to be covered are clarification of State, City and County laws and ordinances governing Medical Marijuana collectives in regard to dispensaries and cultivation. This is tied into Medical Marijuana, Inc.’s transparent patent pending Tax Remittance and Closed Loop Inventory Tracking Systems to ensure total compliance. Also discussed are the cottage industries that will sprout from the core medical marijuana industry beyond cultivation and collectives; cannabis kitchens and bottling companies, testing facilities, distribution and logistics, delivery services, security and more.

REVENUE

The seminar series signals a significant new revenue stream for MMI as schedules will expand to the other 13 states where Medical Marijuana use is legal. In addition to the fees earned initially at the 2 day seminar, MJNA will continue to earn income as these attendees go on to open collectives and use the MJNA tax collection and tracking systems.

An additional revenue stream that MMI will offer is turnkey solutions to those interested in going on to the next step. Paramount to the turn key solution is the ability to cultivate. To that end, MMI will offer grow solutions in part or whole including hydroponic and airponic indoor systems and peripherals. MMI’s paid seminar attendees are likely to take advantage of in-house expertise and materials.

MEDICAL MARIJUANA, INC.’S TURNKEY COLLECTIVE SOLUTION

Medical Marijuana, Inc.’s Turnkey Collective Solution ensures that collectives operate within the guidelines of all laws and regulations regarding the tracking of the marijuana from grow cycle to final distribution. By employing Medical Marijuana, Inc.’s closed loop tracking system, it can be shown to authorities and collectives alike that the source of their supply was an active member of the collective. Medical Marijuana, Inc.’s Regulatory Module provides officials with a comprehensive reporting tool that allows them to remotely audit the industry in real time to ensure regulations are being properly followed. This audit function can be performed online and remotely from the regulators desktop anywhere in the world, making the process more efficient and cost effective for governments to monitor and regulate the industry. Medical Marijuana, Inc. believes that tools to regulate the industry and collect tax revenue are necessary to gain nationwide acceptance and legalization of medical marijuana. Further, Medical Marijuana’s Tax Remittance Platform could not only cost-effectively implement the necessary infrastructure to collect on every sale made within city limits by licensed collectives and collect those taxes on a daily basis, but eliminate the cash problem by using a tax remittance, credit, debit, or proprietary card. The POS system automatically recognizes the collective’s tax ID number, state and local tax rates and then provides Automated Clearing House settlement of the taxes and routes the amount to the City’s appointed financial institution. Taxes can be collected on a daily basis, providing an economic windfall for the city of Los Angeles and any other municipality recognizing the advantages of this model.

Tax Collection

The Stored Value Platform System will provide verifiable solutions to manage the difficult task of revenue and taxation collection. The customers of the dispensary are issued a plastic debit card or medical revenue card. The ease of access to certifiably secure transactions lessens the risk of loss at each level of the transaction.

Internal Management

All collectives/dispensaries in the U.S. are cash businesses. This presents a number of challenges. Dispensary owners risk employee theft and possible competition for sales with unsupervised employees. Our stored value system also eliminates the legal and practical risks of carrying cash.

Solutions

Medical Marijuana, Inc. is developing a suite of solutions to deliver an efficient and secure infrastructure for the Medical Marijuana Industry that will provide the tools to industry operators to effectively manage their businesses with the confidence that they are in full compliance.

ABOUT MEDICAL MARIJUANA, INC.

Medical Marijuana, Inc. is the first public company to recognize the vast and unequaled opportunities that exist in the rapidly expanding medical marijuana industry. The scientific recognition of marijuana as a powerful medicine, and as an effective, non-narcotic pain reliever, has brought legalized marijuana use to the forefront of mainstream discussion thus opening the door for safe and lucrative investment opportunities.

 

Add a comment 31/10/2009

gina our automated mom reminds all: pain compliance is a wonderful teacher

Medical Pot: Don’t Forget the Pain

My Turn
By Diana L. Chapman

On the marijuana front – it’s so strange to say that because in my lifetime I never thought I’d be defending its use – I received e-mails from Santa Barbara to Arizona.

Defending pot was not one of my priorities – until I got sick.  Now I understand the need and chided two of our Los Angeles attorneys, City Attorney Carmen Trutanich and  the County District Attorney Steven Cooley  last week for spending a fortune to start to seize and shut down outlets claiming they were illegal operations under federal law – even though the state has approved it. Those who emailed ran the gamut, complaining that dispensaries handed out marijuana willy-nilly or others contended it should be legalized  to cut down on illegal sales in the brutal drug world.

Both points are valid.

So I need to make this clear – I only defend the herb’s legalization for medicinal reasons which I wrote about in one of my earlier CityWatch column.   I know what it means to be attacked by a chronic illness and why some would want to use the herb to reduce debilitating symptoms that box them around daily.

President Barack Obama last week unofficially told federal prosecutors and agents to back off the dispensaries that are legally dispensing under state laws.

Meanwhile, our local attorneys continue to wage a campaign against the number of pot outlets, somewhere in the neighborhood of 800 plus in Los Angeles County – and are working to shut them down. I argued  that they need to be concerned about those who need it. Santa Barbara resident Sharon Byrne e-mailed that “You missed the point why they are cracking down.”

A few emails later, we realized that somewhere in the middle lies the truth. For Sharon, an endless number of such dispensaries opened in her area and what’s driving her crazy are the youth bringing pot to school, telling administrators that it’s legal. Some are hanging out at dispensaries.

“Clearly, our dispensaries are not all about serving compassionate intent,” she wrote.

“We had a ‘marijuana mile’ march here three weeks ago, and we walked past seven dispensaries within one mile. At one of the dispensaries, the people working there littered the sidewalk with pro-pot flyers, and handed them to the kids and marchers as we passed. I thought it odd that they didn’t mention compassion, or the number of patients with dreaded diseases they’ve helped. No, they were simply pushing pot, and it is this I have a problem with.

“It’s unfortunate, but in the case of Los Angeles, and here in my hometown of Santa Barbara, dispensaries that promote recreational use do bring crime to their area,” she added. “There were 16 armed robberies at dispensaries in Los Angeles last month, and an armed extortion at a dispensary here. Cities are correct in watching out for their residents and nearby businesses if dispensaries opening in their vicinity cause issues.”

My Long Beach friend reported the opposite reaction to two marijuana outlets, that took over run-down liquor stores that often brought crime to her neighborhood. The marijuana dispensaries opened, fixed up the buildings and cleaned up the neighborhood, she said. As far as she concerned, it was refreshing.

The legalization of the drug makes complete sense, if you ask one Los Angeles attorney, who worked as a former probation officer. It’s the only way, he believes, to win against the mafia and gang members who sell these drugs underground – and make a fortune.

He further debated the wasteful spending that goes into prosecuting those caught with marijuana.

The attorney, who asked not to be named, currently represents a homeless man who had less than .06 of an ounce of marijuana – which was prescribed to sooth his mental illness. To prosecute him, the city ran up charges of $10,000, which points out the futility, the attorney said, when the real war is with the illegal drug trade.

“I only have two criminal cases right now,” he emailed. “One is a drug case for .06 ounces  of hash for a schizophrenic homeless person who had a medical Marijuana letter. The city and county has spent over $10,000 on this case if you add up the time of the courts, the Twin Towers, the DA.”

He added he was pleased that Los Angeles Judge James C. Chalfant struck down the city’s ban on new medical marijuana centers last week, citing that the city used an expired ordinance and failed to follow state laws.

“It is nice to hear that some law enforcement officers realize that the income from drugs benefits organized crime,” he continued. “Gangs like MS-13 are no longer mere gangs as we know gangs.  They are international crime syndicates, and Carmen T wants to help them keep their drug profits high.

When push comes to shove, Carmen T places his time and energy into supporting the profits of organized crime and does nothing to help kids. Make no mistake about it.   LA’s new war on pot will have one definite effect  — protecting the profits of organized crime.”

On one side of the coin (Oh, I love clichés), we are in the year 2009 – and conservatives need to accept that this plant has improved the life of those struck down with diseases. On the other side, eager entrepreneurs and those interested in having a free-for all use of the drug for fun need to get their feet planted firmly to the ground.

We need to make it a law that marijuana can only be used with a legal prescription to fix the current blurry lines of the laws that exist. Currently, a person only needs only a letter of recommendation.

Trutanich  and Cooley undergoing this war seems extraordinary considering the scores of much uglier issues that Los Angeles faces, such as foster children being murdered. Where are those attorneys to protect those children? I want to know.

To top it all, one resident in Arizona wrote thanking me for the defense for those who are ill.

”Thanks for such an insightful look into the benefits of marijuana use for medicinal purposes,” the writer emailed, asking not to be identified. “As a two-time cancer treatment patient, (once in 2001 and again in 2007) I don’t think anyone has any idea what we go through with the nausea thing.

“This last time around, surgery was not an option for me so the cancer had to be eradicated solely with chemo and radiation.  It wasn’t pleasant considering the tumor was at the base of my tongue.  My entire mouth, tongue, gums, throat and cheeks were burnt and swollen.  I lost almost 60 lbs.

We don’t have to mention pain, do we?”

(Diana L. Chapman was a journalist for 15 years with the Daily Breeze and the San Diego Union. She can be reached at

hartchap@cox.netorvisit

// <![CDATA[//

Add a comment 31/10/2009

gina our automated mom gives sound advice : get into green flag compliance or go to jail

US vows

crackdown on

medical marijuana

By correspondent Kim Landers for The World Today

 

 

 

Officials in the United States are vowing to crack down on medical marijuana facilities even as the Obama administration signals a new hands-off policy on the drug.

Los Angeles officials have been agonising for two years over a move to introduce what they call sensible guidelines to help regulate the booming industry.

In the US, 14 states have laws allowing the use of medical marijuana, but no state has gone further than California and no city has gone further than LA, where there are more marijuana dispensaries than public schools.

Brian Berens is the owner of Green Oasis, a medical marijuana dispensary in LA.

“Daily I would say we get about 30 to 50 people in a day. We service the local community and most of the people live within two miles of the dispensary,” he said.

“Our collective is a little bit different than most; we’re a large operation, we have a second floor – we have a vapour lounge which is much like an Amsterdam cafe.”

He says his medical marijuana cooperative complies with state laws, but the city of Los Angeles is vowing to eradicate what it calls the illegal sales of marijuana in many of the city’s dispensaries.

Legitimate sales

David Berger, an assistant city attorney for the city of Los Angeles, says not even 10 per cent of the dispensaries are selling marijuana for legitimate reasons.

“How many places are there selling marijuana? About a thousand – how many of them are genuinely supplying medical marijuana to people legitimately in need? Perhaps a hundred,” he said.

“What these other places are doing is basically saying, ‘if you’re a recreational user, if you just want to get high, find a doctor who for $150 will write you a recommendation, come in here on a nod and a wink and we will give you marijuana’.”

The city of Los Angeles says California state law only allows the exchange of marijuana between growers and patients who are members of a cooperative and that it has to be on a non-profit, non-cash basis.

But Mr Berger says that for the past two years, medical marijuana dispensaries have mushroomed in the city.

“How did it happen? It’s because the law that allowed this to come into effect was very poorly written and expressed in very broad terms,” he said.

“And you know the emotion of allowing seriously ill people to obtain some relief was used to basically allow a poorly written law into effect.”

‘For medicinal use only’

LA is now trying to mount a crackdown. The council will debate an ordinance next month that introduces strict new rules about medical marijuana dispensaries.

Mr Berger says marijuana collectives, not shops, is the way forward.

“It has to be a collective, not a shop, a collective, and a collective is basically a group of people who come together for a common purpose,” he said.

“In this case, it’s to cultivate marijuana for medicinal use only and only amongst themselves. They cannot sell it.

“All they can do is share it amongst themselves and share the costs of cultivating the marijuana.”

He also says the dispensaries will not be able to have more than two kilograms of marijuana on the premises at any one time.

No on-site consumption will be allowed and the collectives will not be able to be within 300 metres of schools, parks or other collectives.

Threat of legal action

But Mr Berens says the owners of medical marijuana facilities will fight the ordinance in court if it is passed.

“I don’t know if they will be able to ratify ordinances in November – this might be just a lot of lip service for the public,” he said.

“Even if they do, we have already notified Los Angeles of certain points in the proposed ordinances that our attorney will sue them if they approve them.”

While the city of Los Angeles tries to crack down on medical marijuana dispensaries, the Obama administration has told federal authorities not to arrest or prosecute medical marijuana users and suppliers who are not violating local or state laws.

In a statement, US Attorney General Eric Holder says: “It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana.”

“But we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,” the statement adds.

The city of Los Angeles says its planned crackdown would comply with these guidelines.

It says the Obama administration is making it clear that its hands-off policy towards medical marijuana only applies to places that are complying with state and local law.

But Mr Berger thinks the Obama administration’s policy is the seed from which the movement to legalise all marijuana will grow.

Add a comment 31/10/2009

gina our automated mom gives you a place to look for legal green flag compliance representation

COLORADO SPRINGS, Colo.--(Business Wire)--
Cannabis Science Inc. (OTCBB: CBIS) an emerging pharmaceutical cannabis company
is very pleased to announce that has added four prominent attorneys, who
specialized in marijuana-related cases, to its Policy Advisory Board, as medical

marijuana legalization moves closer with President Obama`s New Medical Marijuana
Policies and initiatives. 

Cannabis Science Inc., President & CEO, Dr. Robert Melamede Ph.D., stated, "We
will continue to add teams of industry experts to our Company. We are honored

that our Policy Advisory Board is expanding with some of the nation`s top
medical marijuana attorneys. Obviously, we are operating in an area where the
laws are evolving very rapidly, and we are pleased to have so many experienced

attorneys on board, helping steer the company through these complex and evolving
opportunities for us. More professionals will be added who are expert in other
relevant fields, such as FDA procedures and state and federal laws. These new

outstanding additions to the CBIS team will provide the Company with an expanded
base of knowledge to build on. As noted yesterday, the new policy means that
state compliant intrastate research in Colorado, California and other states

with medical marijuana laws are now protected from federal prosecution." 

The four new additions to the Cannabis Science Policy Advisory Board 

Robert Raich 

Robert A. Raich practices law in Oakland, California, and is a graduate of

Harvard University and the University of Texas School of Law. He is one of the
most respected attorneys in the area of medical marijuana. He is General Counsel
of the Oakland Cannabis Buyers' Cooperative, and was one of the attorneys in the

U.S. Supreme Court case, United States v. Oakland Cannabis Buyers' Coop. and
another federal medical cannabis case. He is a member of the California Attorney
General's Medical Marijuana Task Force (Chairman, Caregiver Issues

Subcommittee). 

Sean T. McAllister 

Sean T. McAllister is a public interest attorney with offices in Denver and
Summit County. Sean has been involved with drug policy reform efforts for over a
decade. He serves as the Chair of the Board of Directors of Sensible Colorado.

Sean is a lifetime member of the NORML Legal Committee. He is a member and Board
member of the Colorado Criminal Defense Bar. He helped start the Colorado Bar
Association Criminal Sentencing Project in 2005 to focus on criminal justice and

drug policy reform. Recently, Sean was appointed to the Governor`s Drug Policy
Task Force, which is working on reducing drug-sentencing laws to save the state
money while maintaining public safety. Along with Brian Vicente, Sean recently

founded the Canna-Business Institute designed to educate dispensary owners and
caregivers on how to legally operate medical marijuana businesses in Colorado. 

Warren Edson 

Warren Edson is an experienced criminal defense lawyer in Colorado, having taken

part in over 1,000 trials. He is also one of the organizers of Colorado's
Medical Marijuana Law, Amendment 20, and is a Lifetime Member, NORML Legal
Committee, and is a member, Colorado Criminal Defense Bar, and the National

Association of Criminal Defense Lawyers, and is a Board Member, Colorado NORML. 

Robert J. Corry, Jr. 

Robert J. Corry, Jr. is a Denver-based civil rights and criminal defense
attorney, specializing in medical marijuana, who has successfully litigated

several high profile cases around the country. He is admitted to the bars of
Colorado, California, and Washington, D.C., federal courts in these
jurisdictions, as well as the U.S. Supreme Court. Mr. Corry earned his law

degree from Stanford University. 

About Cannabis Science, Inc. 

Cannabis Science, Inc. is at the forefront of medical marijuana research and
development. The Company works with world authorities on phytocannabinoid

science targeting critical illnesses, and adheres to scientific methodologies to
develop, produce, and commercialize phytocannabinoid-based pharmaceutical
products. In sum, we are dedicated to the creation of cannabis-based medicines,

both with and without psychoactive properties, to treat disease and the symptoms
of disease, as well as for general health maintenance. 

This Press Release includes forward-looking statements within the meaning of

Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act
of 1934. A statement containing works such as "anticipate," "seek," intend,"
"believe," "plan," "estimate," "expect," "project," "plan," or similar phrases

may be deemed "forward-looking statements" within the meaning of the Private
Securities Litigation Reform Act of 1995. Some or all of the events or results
anticipated by these forward-looking statements may not occur. Factors that

could cause or contribute to such differences include the future U.S. and global
economies, the impact of competition, and the Company's reliance on existing
regulations regarding the use and development of cannabis-based drugs. Cannabis

Science, Inc. does not undertake any duty nor does it intend to update the
results of these forward-looking statements.

Cannabis Science Inc.
Dr. Robert J. Melamede, President & CEO, 1-888-889-0888
info@cannabisscience.com

www.cannabisscience.com
or
Peter Glaser, Investor Relations, 1-954-687-3717
info@cannabisscience.com
www.cannabisscience.com


certified dealer education

Add a comment 31/10/2009

gina our automated mom asks : is san francisco REALLY the model for medical marijuana

Why Is L.A.’s District Attorney

Aiding and Abetting

Mexican Drug Cartels?

By Bruce Mirken, Daily News
http://www.alternet.org/story/143310/

Last week, Los Angeles County District Attorney Steve Cooley announced a sweeping new plan to boost the profits of Mexican drug cartels, a plan almost certain to increase the slaughter these vicious gangs are perpetrating on both sides of the U.S.-Mexico border.

Of course, Cooley didn’t call it that. He claimed, on dubious legal grounds, that all medical marijuana dispensaries in the county are illegal and announced plans to crack down on them. While no one denies that L.A.’s attempts – or, more accurately, nonattempts – to regulate these operations have been a mess, Cooley’s crackdown is guaranteed to make a bad situation worse.

While state law is not as precise as it might be in setting legal parameters for dispensing medical marijuana, guidelines issued last year by state Attorney General Jerry Brown make clear that dispensing collectives are legal and can include storefront operations.

“It is the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law,” the guidelines state, so long as other requirements are met.

It may well be that some are operating outside these guidelines, but until and unless Cooley closely inspects their operations, he is simply making things up. That’s not how law enforcement should operate.

But even if Cooley were right on legal grounds, as policy his stand borders on the insane.

California law unmistakably gives patients the right to use and possess marijuana for medical purposes when recommended by their physician. And a flood of medical research over the last several years – much of it conducted by the University of California – has confirmed that marijuana can indeed provide safe, effective relief for a number of conditions, including certain hard-to-treat types of excruciating nerve pain.

So the question facing local leaders is not whether patients can have medical marijuana, but how they will obtain it. Will it be from licensed businesses operating under appropriate rules and regulations, or from drug dealers on the streets? Does Cooley really believe it’s better for either patients or communities to have the state’s medical marijuana patients – who number more than 200,000 by most estimates – getting their medicine from street dealers?

Sending patients to the streets for their medicine is clearly dangerous, subjecting sick people to risky transactions in order to purchase medicine of unknown quality, purity and origin. But it’s the question of origin that should alarm all of us.

We know that a significant amount of street marijuana can be traced to the murderous Mexican cartels – vicious gangs who make around two-thirds of their profits from the illicit marijuana trade, according to U.S. and Mexican officials. We know that these gangs are operating in at least 230 U.S. cities, including Los Angeles, Hacienda Heights and Garden Grove.

A mass shutdown of medical marijuana dispensaries will simply hand these thugs a massive new pool of customers and millions of dollars in extra profits. There is a better way.

The experience of other cities, including Oakland and San Francisco, has shown that well-crafted regulations can allow medical marijuana patients to access their medicine safely, from well-run organizations that follow the law and respect their neighborhoods.

In San Francisco, medical marijuana dispensaries have simply ceased being controversial, as explained last year by C.W. Nevius, arguably the San Francisco Chronicle’s most conservative local columnist:

“Quietly, with little fanfare, San Francisco is on the way to becoming a model for medical marijuana clubs done the right way. Exploitative, profit-hungry drug clubs are being forced out and community-based, patient-friendly ones are becoming the norm. Neighbors have shut down dispensaries in school zones, and patient services have been increased.”

It’s long past time for California’s legislature to set clear, statewide standards and licensing rules for medical marijuana providers. But until then, local officials like Cooley need to use common sense and not pursue policies that will simply enrich murderous thugs.

Bruce Mirken is communications director for the Marijuana Policy Project.

Add a comment 31/10/2009

gina our automated mom salutes one small step towards green flag compliance

Congratulations!

The New Federal Guidelines

are a Victory for Patients

This morning, the U.S. Department of Justice issued new guidelines on medical marijuana. These guidelines are a big victory for medical marijuana patients. There is still much more work to be done, but this is a great step in the right direction.

The Federal guidelines are directed at U.S. Attorneys in states that have adopted medical use laws. In the words of US Attorney General Eric Holder:

“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal.”

Thank you for helping make this happen. Your emails, phone calls, and activism helped shift the debate in America!

For the first time, the US Department of Justice is formally advising prosecutors not to interfere with medical marijuana patients in medical marijuana states. This is a big deal.

We will continue to work with President Obama, the Justice Department, and the U.S. Congress to establish a comprehensive national policy, but it’s good to know that in the meantime states can implement medical marijuana laws without interference from the federal government.

It is worth remembering that during the Bush Administration, there were more than 200 federal raids in California alone. Even now, the federal government is prosecuting more than two dozen medical marijuana cases in which defendants are prevented from using medical evidence.

There is much more work to be done. But thank you for helping us get this far.

Sincerely,

Steph Sherer
Executive Director
Americans for Safe Access

P.S. As we continue our work, we could use your help. Consider making a contribution to ASA today.

Add a comment 31/10/2009

gina our automated mom for green flag compliance presents a different opinion

The Obama administration threw a bone to the lunatic, fringe left a few days ago. The memo to federal prosecutors in medical marijuana states has garnered hearty applause from Greenwald and the Marijuana Policy Project.

When elected, Obama said that federal raids on state-law legal marijuana cultivation and distribution would end. The didn’t, not by a long shot, and the reasoning was that the feds would continue to prosecute people who violated state and federal laws. That boils down to everyone, no matter their standing under state law. The latest memo simply tells prosecutors that it’s not a good use of their time to bring charges against those abiding by their State’s law.

So hold your applause. This memo amounts to nothing, which is precisely what’s it’s meant to amount to while simultaneously making Obama look like a good guy.

The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.

Note the Department’s commitment, “in all States”. I have to wonder what credentials Congress possess that enables it to determine how dangerous any drug is, as if that august body was known for its deep, careful thinkers and scientists. Furthermore, according to everything i’ve ever read, drug scheduling is under the purview of several departments that are all within the executive branch. That’s how Congress established the system when it determined which drugs were dangerous and which drugs weren’t. So the President could order the DEA, HHS and the FDA to review the scheduling of a drug and force Congress to be along for the ride.

Yes, marijuana trafficking is the single largest source of revenue for Mexican drug cartels. That’s because it’s illegal. I thought supply and demand was like the American catechism. Restricting supply only pushes prices, and hence profits, up. This idea that further restricting supply will somehow diminish cartel profits flies in the face of everything Ronald Reagan and common sense taught me…not that the two necessarily intersect.

As a general matter, pursuit of these priorities [catching druggies] should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. …prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department’s core enforcement priorities.

So according to the Obama administration, if you’ve got cancer or aids and your supplier is giving you marijuana for free that’s ok. But just because someone is in full compliance with his State’s law is no protection. In other words, “Hey, don’t make us look like assholes by arresting someone who’s got six months to live.”

The administration produces a list of characteristics that should suggest prosecution. Some of them make sense, but there’s always a catch. “Evidence of money laundering activity” makes the list. As any monetary gain from the sale of marijuana is criminal under federal law, just about any use of marijuana proceeds could be considered money laundering. And if you don’t think that the DEA won’t see that argument, you’re high.

This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act.

Get the picture?

Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests.

It should be clear by now that there’s nothing in this memo worthy of applauding. Sure it’s a step in the right direction, but that only deserves the response, “It’s about damned time.”

The administration has the power to start the ball rolling on significant drug reform. Rescheduling would end the entire “debate”. Judging by election in results in states where a marijuana referendum was on the ballot in 2008, dope is a lot more popular than hope. There’s no political risk to Obama at the voter level. The voters who would be angered by the move won’t be voting Democratic before the second coming in any case. There are a at least few million who would probably vote for the politician who reforms marijuana laws regardless of anything else the politician does. The youth vote would basically deify such a politician.

Big time donors like the pharmaceutical industry wouldn’t like it, which might indicate who’s side the President is on, but see above and ask yourself if it would even matter for the one more election he can win.

But there almost certainly won’t be any movement on a relatively simple problem with a pretty straight-forward solution that would have positive benefits in other areas of concern like health care and the economy. With the ability to legally cultivate marijuana there are probably a lot of unemployed American facing foreclosure who might attempt an entrepreneurial response to the death of the American Dream. Places like Southeastern Kentucky would have a valuable cash crop, and they probably wouldn’t need so much tax-funded aid. Hell, folks in those places might even start thinking that Obama ain’t so bad after all.

Never mind the taxation question. Enforcing taxation will be even more difficult than enforcing criminalization. Let the money flow through the real economy and accept that it will trickle up. Smart states will establish retail distribution licensing similar to the existing structure for alcohol. It will raise local and state revenues; keep control over the retail sector; and be subject to sales tax. We’ll just have to take our chances on person-to-person transactions being claimed as miscellaneous income. Regardless, that money will be spent and serve the greater economy.

Plenty of savings can be found by not wasting tax dollars on prosecution and incarceration of marijuana cases. And i’ll bet that law enforcement will still have plenty to do.

The answer is simple and frankly, the question is stupid. So you’ll have to forgive me if i hold my applause until the end…though i might not be able to hold them if some intrepid journalist asks the President if he thinks it would have been better for the nation if he’d been convicted of his youthful indiscretions and never gotten to be President. Clearly you can smoke pot and grow up to be President, you just can’t get caught doing it.

Add a comment 27/10/2009