April 8, 2009 12:21 PM

AG Signals Shift In Medical Pot Policy

(AP)  Attorney General Eric Holder signaled a change on medical marijuana policy Wednesday, saying federal agents will target marijuana distributors only when they violate both federal and state law.

That would be a departure from the policy of the Bush administration, which targeted medical marijuana dispensaries in California even if they complied with that state's law.

"The policy is to go after those people who violate both federal and state law," Holder said in a question-and-answer session with reporters at the Justice Department.

Medical marijuana advocates in California welcomed the news, but said they still worried about the pending cases of those already in court on drug charges.

California law permits the sale of marijuana for medical purposes, though it still is against federal law.

Holder did not spell out exactly who no longer would face the prospect of raids by the Drug Enforcement Administration. But he was quick to add that law enforcement officers will target anyone who tries to "use medical marijuana laws as a shield" for other illegal activity.

"Given the limited resources that we have, our focus will be on people, organizations that are growing, cultivating substantial amounts of marijuana and doing so in a way that's inconsistent with federal and state law," the attorney general said.

Advocates and government officials had been waiting since President Obama was sworn into office for a clear signal on what the new president's drug policy would be toward medical marijuana. As a candidate, he repeatedly promised a change in policy in situations in which state laws allow the use of medical marijuana.

Yet shortly after Mr. Obama took office, DEA agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans.

Thirteen states have laws permitting medicinal use of marijuana. California is unique among them for the presence of dispensaries, which are businesses that sell marijuana and even advertise their services. Legal under California law, such dispensaries are still illegal under federal law.

Kris Hermes, a spokesman for national medical marijuana advocacy group Americans for Safe Access, said he welcomed Holder's perspective.

"It signals a new direction and a more reasonable and sensible direction on medical marijuana policy," he said.

Still, Hermes said his Oakland-based organization was concerned about the fate of more than two dozen California medical marijuana cases currently pending in federal court.

"There remains a big question as to what the federal government's position is on those cases," Hermes said. He pointed specifically to the case of Charles Lynch, who was federally convicted for running a medical marijuana dispensary collective in San Luis Obispo County last year.

Hermes said Lynch could face decades in prison when he is sentenced Monday even though his clinic had been compliant with state law.

According to the government's sentencing recommendation for Lynch, which says the five-year mandatory minimum prison term is an appropriate one, Lynch had violated California state law because his "operation was rife with activities having more to do with business and casual drug distribution than anything medical."

U.S. attorney's office spokesman Thom Mrozek declined to comment on what would happen to the outstanding marijuana cases in the Los Angeles area.

The 13 states that permit medical use of marijuana are Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 28 Comments
by honestabe8 March 20, 2009 10:55 AM EDT
we are now seeing more accidents, more people in treatment, all for pot - michaelgimbel

michael: how many of those in "treatment" are compelled by law enforcement to be there? also, you refer yourself as an "recovering addict". what are you recovering from?
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by michaelgimbel March 20, 2009 10:32 AM EDT
This is a major mistake. While the pot today is getting stronger all the time, this sends a message to our kids that pot is a safe and harmless drug. Its not. More kids are getting burned out at an earlier age and we are now seeing more accidents, more people in treatment, all for pot. This decision will open the door for illegal and corrupt pot stores to open all over the country and as we have seen in California, there will always be a black market to sell pot illegally. Since say, ok go to it and the govt. won't do anything. Bad message and bad policy. I predict it will come back to hunt all of us and hurt our kids.

Mike Gimbel, Recovering Addict, Baltimore Maryland
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by honestabe8 March 20, 2009 9:54 AM EDT
Marijuana is very capable of making a driver dangerously intoxicated - excoachken

I agree, but the effect is to make people passive and cautious. comparing it to alcohol, which makes people impetuous and aggressive reveals which is a greater danger on our roads.
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by honestabe8 March 20, 2009 9:48 AM EDT
Marijuana is very capable of making a driver dangerously intoxicated - excoachken

I agree, but the effect is to make people passive and cautious. comparing it to alcohol, which makes people impetuous and aggressive reveals which is a greater danger on our roads.
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by formrusmcsgt March 19, 2009 8:18 PM EDT
What amazes me most about repubs is their "entitlement" to force their views on others.

Don't support a woman's right to choose?

Then don't exercice it.

But why try to force your view on others?

Don't want to use medical marijuana?

Then don't.

But why try to force your view on others?

Don't think gays should have a right to marry?

Then don't marry someone of you same sex. But why try to force your view on others?

I really don't see where they get of with presuming a right to force their views on others.

Maybe that's why they got sent packing in droves.....
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by omega39-2009 March 19, 2009 5:48 PM EDT
Taco Bell!!
Posted by omega39-2009 at 8:46 AM : Mar 19, 2009

So you ARE Bong Cat! I knew it!
Posted by mdalerwill

In the words of Bill (the original bong cat) the cat..ACK!
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by omega39-2009 March 19, 2009 5:47 PM EDT
Many people are still confused about the massive support for "GDA" hussein from the young. Hey, dude, it's simple - we want somebody that appreciates drugs as much as we do! hussein is the MOST LIKELY to legalize the weed, he is the MOST LIKELY to de-emphasize prosecution of drug use, he is the MOST LIKELY to allow "medical" use of marijuana, he is the MOST LIKELY to soften sentences for coke (his favorite refreshment) and he is the MOST LIKELY to abolish the DEA. He'll even set-up San Francisco-style "pot clubs" in every federal office throughout America. He's our kind of toker! A VOTE FOR HUSSEIN WAS A VOTE FOR DRUGS!

Posted by StopTheLoonyLeft

Hey bonehead, the people of California overwhelmingly voted for medicinal marijuana and yet you and your ilk believe there should be no voice of the majority in this decision. OTOH, you tout CA voters rejection of gay marriage as democracy in action. Sorry, you can't have it both ways!
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by johnb8888 March 19, 2009 2:54 PM EDT
"Posted by StopTheLoonyLeft"


Funny how many of these Tighty Whitey Righties are the first to scream when they can't light up their killer cigs in a restaurant or movie theater!!

Hey rightie, your drug kills hundreds of thousands every year!
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by johnb8888 March 19, 2009 2:52 PM EDT
Chuck Grassley is upset because he was made fun of one too many times in high school when a teacher asked him:

"Have you been smoking Grassley?"

and he had to admit he had been.
Reply to this comment
by dagrandma March 19, 2009 2:15 PM EDT
StopTheLoonyLeft: You'd probably feel a lot better if you'd just smoke a big fat d-o-o-b-i-e. It would also help you get over the fact that George W. Bush isn't president anymore and now HE can go back to drinking and drugging (and watching tv, eating cold pizza and drinking iced tea, just me and you and the baby makes three, drinking and drugging and watching tv -- sorry, sometimes I just have a song in my heart).
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