In the spite of the fact the California Supreme Court issued a ruling that Proposition 215 (a voter-approved "compassionate use of Medical Marijuana" measure) stand, the DEA continued with para-military-style raids on local pot dispensaries.
The overzealous agents argued that marijuana was an illegal substance according to Federal law and that - consequently - the DEA could not look the other way.
In sum, the passing of Prop 215 in California, placed Federal and State Laws at odds with each other.
Notwithstanding, there was an outcry from Californians who felt that the "will of the people" was being ignored by self-serving law enforcement agencies.
Meanwhile, others lamented to all within earshot, that Barack Obama was not fulfilling his campaign promise regarding the issues.
So, Americans for Safe Access - a non-profit organization that has been fighting the medical marijuana dilemma in the State Courts (and winning hands-down) - organized a highly-vocal protest which was launched on the White House.
Shortly after Barack Obama and his administrators were bombarded with a barrage of telephone calls and angry e-mails - Eric Holder (Attorney General) - issued a terse statement to the press in which he noted that DEA raids on pot dispensaries (legally licensed in the State of California) were no longer condoned by the U.S. Government.
I penned a post on the turn of events.
Post: 03/02/09
http://ijulian.blogspot.com/2009/03/medical-marijuanapara-military-style_02.html
A cheer went up around the state!
On the heels of that public announcement, inside sources alleged that a confidential memo was sent out to prosecutors advising them to "drop" charges against pot dispensaries and medical marijuana patients who were caught in the middle of the turf wars going down between the Federal Government and the State of California.
Suddenly, without warning, the bold action by the U.S. Attorney's office earlier in the week was reversed two days later amid a shroud of mystery.
Consequently, the whole prosecutorial issue regarding the matter was left twisting in the wind.
Some theorize that staff in the Obama inner circle advised the President that he may have jumped the gun in view of the fact the administration had not lined up all their ducks in a row, yet.
White House spokesperson , Nick Shapiro, may have hit the nail on the head when he recently confided to the press.
"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."
Curiously, a Professor of Law & Medicine focused on an issue that has been foremost in my own mind in recent days.
Alex Capron (USC) speculated that the debate about medical marijuana centers on 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.I hate to be a stick in the mud, but I started to reflect on that aspect of the problem recently, after a stroll or two in the neighborhood in recent weeks.
On several occasions when I have passed by a couple of the pot dispensaries in West Hollywood (two on Santa Monica Boulevard in WeHo proper) I have spied cars careen to a halt outside the guarded front door - at which point - three or four young adults stumbled out into the busy street and headed into the facility to pick up their "medicine".
I know that I shouldn't prejudge - and that just glancing at a person's physical body is not a surefire way to verify if they have a medical problem that requires the potent powers of the leafy substance - but for the most part it appeared on each occasion I witnessed said events that the "patients" were energetic youths whose only need appeared to be to devour the drug.
Initially, if you recall, the whole idea of the compassionate use of medical marijuana sprang forth as an alternative to off-the-shelf prescription drugs when it was determined that A.I.D.S. patients in advanced stages of the disease benefited from the medicinal qualities of the banned substance.
Understandably, in view of the foregoing, I am concerned that because of a selfish few (who may be abusing the privilege to just get "high") medical marijuana and the distribution of the "medicine" at government-licensed dispensaries may be placed in jeopardy.
And, that would be a shame, since hard-working staff at Americans for Safe Access - in particular the lawyers - fought monumental battles in the courts on behalf of the worthy cause to ensure medical marijuana was available to needy patients.
Others, like myself, have not only written posts to rally support for the compassionate use of medical marijuana, but also attended protests in front of DEA Headquarters to demand an end to the para-military-style raids, drug and money seizures, and dehumanizing arrest procedures.
In the final analysis, it appears that the problems may have arisen because of unethical doctors who may be approving medical marijuana prescriptions willy-nilly to appease their patients (or for quick cash under the table).
Personally, I believe that at this juncture of the "game", the government (and the DEA) should focus their attention on the doctors.
If an investigation determines there has been wrongdoing by individuals in the medical profession, then perhaps the State needs an oversight Board to properly review requests for medical marijuana prescriptions before rubber-stamping approval.
Sorry, Dudes!
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