In December, 2014, Congress passed a funding bill (CR Omnibus) with an amendment proposed by Rep. Dana Rohrabacher and Dem. Sam Farr from prohibiting the Justice Department from spending any money in 2015 to prevent states "from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."
A Justice Department spokesman, however, has told the Los Angeles Times that the restriction on medical marijuana enforcement does not apply to individual cases like proceedings against three dispensaries in the San Francisco Bay Area.
Patrick Rodenbush, a spokesman for the Justice Department, said in a statement Wednesday that it did not not believe the amendment applies to cases against individuals or organizations.
Rather, he said, it stops the department from “impeding the ability of states to carry out their medical marijuana laws,” contrary to some claims from people being prosecuted that the amendment blocks such prosecutions.
More below the fold, including who to contact to protest.
The position taken by the DOJ is ludicrous, to say the least. In California, for instance, the Medical Marijuana statutes not only authorize individual possession of medical marijuana, but they implement the medical marijuana statute, by authorizing patients to band together and obtain their medical marijuana by having cultivators grow the marijuana for them and provide that medical marijuana to dispensaries to sell to the patients. In short, California law implements its medical marijuana law by authorizing individuals to cultivate medical marijuana for patients, and by authorizing individuals to provide medical marijuana to patients through dispensaries.
In what universe or Modern English Usage does it not violate the CR Omnibus ban on using DOJ funds to interfere with implementation of state medical marijuana laws, when the DOJ prosecutes individuals who have permits and licenses to cultivate and dispense medical marijuana for the purpose of implementing California's medical marijuana laws, or when the DOJ seeks forfeiture of medical marijuana dispensaries?
The DOJ is supposed to be enforcing the law. But now the DOJ is breaking the law by spending money that interferes with implementation of medical marijuana laws.
Perhaps this will spur Congress to move forward with their bill to legalize medical marijuana.
Last month Senators Rand Paul (R-KY), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY) and Dean Heller (R-NV) introduced bipartisan legislation to legalize marijuana for medical use. The Compassionate Access, Research Expansion and Respect States - CARERS - Act is the first-ever bill in the U.S. Senate to legalize marijuana for medical use and the most comprehensive medical marijuana bill ever introduced in Congress. Rep. Steve Cohen (D-TN) and Rep. Don Young (R-AK) introduced a House version of the bill last week.
Who to contact:
Contact your local congresswoman or congressman to urge them to pass the CARERS Act.
Contact the DOJ and US Attorney who are seeking forfeiture of San Francisco Bay Area dispensaries and prosecuting people who are licensed to run dispensaries and cultivate medical marijuana
Leslie R. Caldwell is the Chief of the DOJ Criminal Division:
email: lrc666@gmail.com
950 Pennsylvania Ave., NW
Washington, DC 20530
phone: 202-514-2000
fax: 202-616-0742
Melinda Haag is the United States Attorney for Northern District of California
email: melinda.haag@usdoj.gov
450 Golden Gate Ave.
San Francisco, CA 94102
phone: 415-436-7200
fax: 415-436-7234