These guidelines are a big victory for medical marijuana patients.
At the bottom of this post, I have published the "Memorandum" which has been sent out to U.S. Attorneys, Law Enforcement Agencies, and Government officials.
In a communication e-mailed out to me just moments ago - Executive Director Steph Sheer at ASA (Americans for Safe Access) - hailed the Department of Justice for taking 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."
After much haggling over the issue of Medicinal Marijuana - and a flurry of urban-guerilla-style DEA Raids on legal Marijuana outlets which I reported on over the past year (posts below) - the US Department of Justice is now advising prosecutors formally not to interfere with medical marijuana patients in States where medical marijuana for compassionate use is legal.
A round of cheers just went up in California, and I expect that tonight, there will be celebrating in the streets.
Organizations such as ASA have vowed to work with - President Obama, the Justice Department, and the U.S. Congress - to establish a comprehensive National policy across the board.
The dark days of the Bush administration are behind U.S. citizens now, but the 200 urban-guerilla-style raids the DEA launched in California (a handful of which I reported on) won't be soon forgotten.
Post: 03/07/2009
http://ijulian.blogspot.com/2009/03/medical-marijuanafocus-on-doctors-not.html
Post: 05/06/2008
http://ijulian.blogspot.com/2008/05/deaabuse-house-judiciary-committee-to.html
Post: 10/12/07
http://ijulian.blogspot.com/2007/10/feds-raid-downtown-la-medical-marijuana.html
Post: 10/11/07
http://ijulian.blogspot.com/2007/10/dea-retaliate-against-protestorseve-of.html
Post: 10/10//07
http://ijulian.blogspot.com/2007/10/medical-marijuanarally-october-11th-los.html
Post: 09/13/2007
http://ijulian.blogspot.com/2007/09/boys-town-pot-bustsmedi-mari-laws.html
I trust that the two-dozen-or-so medical marijuana cases before the courts now will be dismissed in view of the welcome startling turn of events in Washington (D.C.) this afternoon.
Stay tuned!
________________________________________________________
Seal
U.S. Department of Justice
Office of the Deputy Attorney General
The Deputy Attorney General Washington, D.C. 20530
October 19,2009
MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden - Signature of David Ogden
Deputy Attorney General
SUBJECT:
Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.
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.
The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources. In general, United States Attorneys are vested with "plenary authority with regard to federal criminal matters" within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are "invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority." Id. This authority should, of course, be exercised consistent with Department priorities and guidance.
The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on
Memorandum for Selected United States Attorneys Page 2
Subject: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, 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.
Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:
• unlawful possession or unlawful use of firearms;
• violence;
• sales to minors;
• financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
• amounts of marijuana inconsistent with purported compliance with state or local law;
• illegal possession or sale of other controlled substances; or
• ties to other criminal enterprises.
Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department's authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. 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. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.
Memorandum for Selected United States Attorneys Page 3
Subject: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
Finally, nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. 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.
Your offices should continue to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement authorities, and the Principles of Federal Prosecution.
cc: All United States Attorneys
Lanny A. Breuer
Assistant Attorney
General Criminal Division
B. Todd Jones
United States Attorney
District of Minnesota
Chair, Attorney General's Advisory Committee
Michele M. Leonhart
Acting Administrator
Drug Enforcement Administration
H. Marshall Jarrett
Director
Executive Office for United States Attorneys
Kevin L. Perkins
Assistant Director
Criminal Investigative Division
Federal Bureau of Investigation
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