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June 22, 2011 08:21 PM UTC

Polis Pushes Feds to Leave Medical Marijuana Alone

  • 30 Comments
  • by: Colorado Pols

From The Hill:

Reps. Barney Frank (D-Mass.) and Jared Polis (D-Colo.) are urging the Obama administration this week to reiterate earlier vows to leave the enforcement of medical marijuana laws up to states.

The lawmakers want Attorney General Eric Holder to re-avow his commitment to a 2009 Department of Justice (DOJ) memorandum – known as the Ogden Memo – that said the agency won’t target medical marijuana patients or providers if they are not violating state law.

“Recent actions by United States Attorneys across the country have prompted states to deny patients safe and reliable access to their medicine,” the lawmakers wrote in a June 20 letter to Holder.

The letter was prompted by the lawmakers’ concerns that several correspondences this year from DOJ to state and local attorneys indicate the agency is walking back the Ogden Memo in the face of conservative criticism that the administration has been too lenient in the war on drugs.

One of the biggest drivers of the growth of the above-board medical marijuana industry in Colorado, a business that now supplies millions of dollars in sales tax and licensing revenue to the state and local governments here, was the memo from the Department of Justice in 2009 that indicated Barack Obama’s administration would not prosecute marijuana producers and consumers who are compliant with state law. More recently, DOJ has told local officials in California that they may indeed enforce marijuana prohibition in medical marijuana states.

Obviously, a legitimate business depends on continued legitimacy–a lot of local stakeholders, from medical marijuana patients and dispensary owners to state and local governments enjoying this substantial new revenue stream, have an interest in getting the matter settled.

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30 thoughts on “Polis Pushes Feds to Leave Medical Marijuana Alone”

  1. The letter was prompted by the lawmakers’ concerns that several correspondences this year from DOJ to state and local attorneys indicate the agency is walking back the Ogden Memo in the face of conservative criticism that the administration has been too lenient in the war on drugs.

    It is bizarre and troubling for the DOJ to tell anyone that they will not enforce federal law. If Polis wants to change federal law, he is in the right place, but this isn’t the way.

    2. The DOJ has the right to establish prosecutorial priorities.  It does not have the right to refuse to enforce the law.  There is no legitimacy to the medical marijuana industry until the federal drug laws on marijuana have been amended or repealed.  We’re talking about basic principles of federalism and separation of powers.  It bugs me that public officials at all levels are willing to ignore the Constitution because medical marijuana seems like a good idea and it’s generating sorely needed revenue for local governments and commercial landlords.  Maybe this is good policy (I have yet to be completely convinced), but we’ve gone about implementing it the wrong way.  

        1. I never can tell if someone really doesn’t get what I’m saying or if they’re deliberately misunderstanding me.  But to be clear, the DOJ cannot (and should not, in my opinion) by executive fiat declare they will not enforce a law or make some equivalent declaration couched in slightly less absolute terms that has the same practical effect.  The legislative branch is the body that passes the laws.  The states are bound by federal laws, and that includes drug laws affecting medical marijuana.  Here, we have an executive branch legislating and we have states defying federal law.  I don’t like it.  It muddles things.

    3. It’s not like the feds have anything better to do with their money and manpower, right ArapG? You might be interested to know that states, including red ones, have many laws on the books that they don’t enforce anymore, many having to do with private sex acts and such, even though nobody has bothered to change them. I suppose you’ll say, as with Romney on why his health care reform  plan, which was a model for the fed plan, that’s a completely different thing.  The choice as to whether or not to enforce laws against, say, consenting unmarried adults having sex varying so widely from state to state.  Oh wait. None of them enforce those laws.  

        1. Every President makes his (or hypothetically her) mark on the country in many ways, including the priorities they assign the Executive departments in rule making, enforcement, PR…

          We griped about President Bush’s administration not aggressively pursuing mining violations.  We noted the severe drop in enforcement of discrimination complaints.

          The fact is, the Federal government doesn’t have enough money to aggressively pursue all violators of all laws.  The DEA could spend its budget times two for the foreseeable future going after non-medical drug sales (legal or illegal).  Just because medical MJ is easy to target doesn’t mean it has to be targeted.

    4. We all hit the ceiling when Bush issued signing statements listing what parts of a bill he was going to ignore. But if people like ignoring a law, then suddenly they’re in favor of the executive ignoring the law.

      What Polis & Frank need to do is introduce legislation that drug laws are to be set by the states.

  2. The letter was prompted by the lawmakers’ concerns that several correspondences this year from DOJ to state and local attorneys indicate the agency is walking back the Ogden Memo in the face of conservative criticism that the administration has been too lenient in the war on drugs.

    The only person I recall taking that position was Scott McInnis.

  3. Having finally moved back to Colorado after 2+ years away, one of the most obvious changes is the proliferation of ‘green cross’ dispensaries on pretty much every corner in Denver.

    Let’s be upfront about it: 95%+ of the ‘patients’ of these ‘clinics’ are not using pot for medicinal purposes, wink-wink.

    Why not just legalize it? And let the resulting tax revenues – that Pols somehow thinks argue in favor of this business – keep rolling into state coffers?

    1. In my business, many people are on MM for medical reasons, including end of life pain relief. All of them are benefiting from this medicine that is a natural herb, much like so many other medicines that are derived from herbal sources.

      I think your perspective is cynical.

      I do agree with your conclusion….legalize it.

      1. Agree witht the conclusion, that is. Maybe we could take all that war on drug money and do something more useful than flushing it down the toilet.

      2. reveals that the vast majority of them appear to be able-bodied males in the 25-45 age range.

        This is just the reality I observe on my street, not cynicism.

        The true cynicism comes from hiding recreational pot use behind the fig leaf of ‘medicine’, what a joke!

        1. LegalizingMarijuana would take a huge bite out of crime and raise tax revenue.

          Nothing disturbs me more than politicians that have smoked, and may still smokew marijuana railing against legalizing it, Some pols think that they are above the law.

          I’m glad that Rep. Polis doesnt fit that category.

    2. And that’s simply bullshit.

      You can say the system is abused if you like, but to say that there are no medicinal properties to cannabis ignores reality.

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