“New American Policy” cause for hope and caution
March 22nd, 2009 | by Don Duncan |The historic election of President Barack Obama and the expanded Democratic majority in Congress signal an opportunity for change in federal policy concerning medical cannabis, and recent developments indicate that this change may already be underway. On February 4, in response to post-inauguration raids by the Drug Enforcement Administration (DEA) at medical cannabis dispensaries in California, White House Spokesman Nick Shapiro reiterated the President’s campaign pledges to stop wasting federal resources in efforts to circumvent state medical cannabis laws. Then on February 25, US Attorney General Eric Holder told reporters at a press conference, while standing next to acting DEA Administrator Michele Leonhart, that ending federal raids on medical cannabis dispensaries “is now American policy.” Attorney General Holder followed up theses comments on March 18, by indicating the new policy meant the federal government would only prosecute providers who were breaking state law.
We have also seen remarkable progress in Congress. US House Judiciary Chairman John Conyers (D-MI) sharply criticized DEA interference and intimidation in medical cannabis states last year. His historic letter of April 28, 2008, challenged the DEA tactics in California and other states where medical cannabis is already legal. On February 6, 2009, Congressman John Olver (D-MA) and fifteen of his colleagues sent the Attorney General a letter asking him to abandon his predecessor’s policy of blocking medical cannabis research; and on February 16 Congresswoman Lois Capps (D-CA) asked him to stop threatening California property owners who rent to medical cannabis providers.
These are remarkable developments, but I want to caution all potential operators that federal law has not changed. Medical cannabis remains illegal and penalties are still severe under federal law. There is more work to be done to harmonize federal law with state law. You have a role to play in that ongoing work.
Tags: Americans for Safe Access, california attorney general, california law, dea, eric holder, federal interference, medical cannabis
