DEA Chief Says Marijuana-Trafficking Spiking

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The Drug Enforcement Administration is concerned about a surge in the illegal shipment of marijuana from Colorado since the state legalized the drug, and is trying to crack down on minors’ use of the substance, the head of the agency said Wednesday.

Administrator Michele Leonhart said the DEA is troubled by the increase in marijuana trafficking in states surrounding Colorado and worries that the same phenomenon could be repeated around Washington state, where recreational marijuana is expected to be sold legally soon. In Kansas, she said, there has been a 61 percent increase in seizures of marijuana from Colorado.

Speaking to the Senate Judiciary Committee, Leonhart said the softening of attitudes nationwide about the risk of marijuana has confirmed some of the agency’s fears.

“The trends are what us in law enforcement had expected would happen,” she said. “In 2012, 438,000 Americans were addicted to heroin. And 10 times that number were dependent on marijuana.”

The Obama administration released a memo in August saying it would not challenge legalization laws in Colorado and Washington as long as the two states maintained strict rules regarding the sale and distribution of the drug. In the memo, Deputy Attorney General James M. Cole stressed that marijuana remains illegal under federal law.

The Justice Department directed federal prosecutors not to target individual users but instead to focus on eight areas of enforcement. Those aims include preventing the distribution of marijuana to minors, stopping the drug from being grown on public land, keeping marijuana from falling into the hands of cartels and gangs, and preventing the diversion of the drug to states where it remains illegal.

DEA officials have expressed frustration privately about the legalization of marijuana by Colorado and Washington state, where local officials consider the change an opportunity to generate tax revenue and boost tourism.

But in January, James. L. Capra, the DEA’s chief of operations, called marijuana legalization at the state level “reckless and irresponsible,” and warned that the decriminalization movement would have dire consequences.

“It scares us,” he said during a Senate hearing. “Every part of the world where this has been tried, it has failed time and time again.”

Two years ago, nine former DEA administrators wrote a letter to Attorney General Eric H. Holder Jr. to express their concern about the states’ movements to legalize marijuana and urge him to oppose the ballot initiatives.

“To continue to remain silent conveys to the American public and the global community a tacit acceptance of these dangerous initiatives,” wrote the former administrators, who oversaw the DEA under Democratic and Republican presidents from 1973 to 2007.

On Wednesday, Leonhart spoke about why she thinks marijuana is dangerous. She said that marijuana-related emergency-room visits increased by 28 percent between 2007 and 2011 and that one in 15 high school seniors is a near-daily marijuana user. Since 2009, she said, more high school seniors have been smoking pot than smoking cigarettes.

Marijuana advocates say that concerns about the drug’s danger are exaggerated. In an interview with the New Yorker magazine, President Obama compared the use of marijuana to drinking alcohol.

“As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life,” he said. “I don’t think it is more dangerous than alcohol.”

Leonhart also spoke out in support of mandatory minimum sentencing for drug crimes, an issue Holder has highlighted recently as part of his initiative to reduce prison crowding and foster equity in criminal sentencing.

Holder has instructed his 93 U.S. attorneys to use their discretion in charging low-level, nonviolent criminals with offenses that impose severe mandatory sentences.

Leonhart, in response to a question from Sen. Charles E. Grassley (R-Iowa), said: “Having been in law enforcement as an agent for 33 years [and] a Baltimore City police officer before that, I can tell you that for me and for the agents that work at the DEA, mandatory minimums have been very important to our investigations. We depend on those as a way to ensure that the right sentences equate the level of violator we are going after.”

Source: Washington Post (DC)
Author: Sari Horwitz
Published: April 30, 2014
Copyright: 2014 Washington Post Company
Contact: [email protected]
Website: http://www.washingtonpost.com/

 

Marijuana Research Hampered by Access from Gov.

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Millions of ordinary Americans are now able to walk into a marijuana dispensary and purchase bags of pot on the spot for a variety of medical ailments. But if you’re a researcher like Sue Sisley, a psychiatrist who studies post traumatic stress disorder, getting access to the drug isn’t nearly so easy.

That’s because the federal government has a virtual monopoly on growing and cultivating marijuana for scientific research, and getting access to the drug requires three separate levels of approval.

Marijuana offers hope for 6-year-old girl with rare condition: In marijuana, Lydia Schaeffer’s family members think they might have found a treatment that works. Now, they are trying to help legalize the drug.

Sisley’s fight to get samples for her study — now in its fourth month — illuminates the complex politics of marijuana in the United States.

While 20 states and the District have made medical marijuana legal — in Colorado and Washington state the drug is also legal for recreational use — it remains among the most tightly controlled substances under federal law. For scientists, that means extra steps to obtain, transport and secure the drug — delays they say can slow down their research by months or even years.

The barriers exist despite the fact that the number of people using marijuana legally for medical reasons is estimated at more than 1 million.

Stalled for decades because of the stigma associated with the drug, lack of funding and legal issues, research into marijuana’s potential for treating diseases is drawing renewed interest. Recent studies and anecdotal stories have provided hope that marijuana, or some components of the plant, may have diverse applications, such as treating cancer, HIV and Alzheimer’s disease.

But scientists say they are frustrated that the federal government has not made any efforts to speed the process of research. Over the years, the Drug Enforcement Agency has turned down several petitions to reclassify cannabis, reiterating its position that marijuana has no accepted medical use and remains a dangerous drug. The DEA has said that there is a lack of safety data and that the drug has a high potential for abuse.

Sisley’s study got the green light from the Food and Drug Administration in 2011, and for most studies, that would have been enough. But because the study is about marijuana, Sisley faced two additional hurdles.

First, she had to apply to the Department of Health and Human Services to purchase ­research-grade samples from the one farm in the United States — housed at the University of Mississippi and managed by the National Institute on Drug Abuse — that is allowed to grow marijuana under federal law. HHS initially denied her application but then approved a revised version March 14 — more than four months after it was submitted.

Now, Sisley must get permission from the DEA to possess and transport the drug.

Spokeswoman Dawn Dearden said that the agency is supportive of medical research on marijuana but needs to follow regulations under the Controlled Substances Act. “DEA has not denied DEA registration to a HHS-approved marijuana study in the last 20-plus years,” she said.

Sisley, who began her work with PTSD while at the Department of Veterans Affairs and now works at the University of Arizona College of Medicine, says she considers the HHS news a “triumph” for marijuana research. But she says the study has “a potentially long road with the DEA who is famous for delays.”

“There is a desperate need for this research, but it’s impossible to study this drug properly in an atmosphere of prohibition,” she said.

Orrin Devinsky, director of the epilepsy center at New York University’s Langone Medical Center, said many would-be marijuana researchers are driven to abandon projects after they discover how time-consuming and expensive it can be to obtain the drug.

“There is no rationale for this except for the federal government’s outdated 1930s view about marijuana,” said Devinsky, who is studying the use of an extract of the plant for the control of seizures.

A Resurgence in Research

The cannabis plant was once a staple in American pharmacies, but since the turn of the 20th century, some states began to see it as a poison and introduced restrictions. Research on its medicinal uses came to a virtual standstill.

There are now 156 active researchers who are approved by the DEA to study marijuana — a number that has remained steady in recent years — but scientists say most are government-funded and focus on the ill effects of smoking marijuana rather than on potential medicines.

That’s poised to radically change. As an increasing number of states have legalized the use of medical marijuana, a bustling industry of start-up drug companies and medical groups focused on finding marijuana-based treatments has emerged. GW Pharmaceuticals, a British company, is studying two different extracts of marijuana that have shown promise for patients with Type 2 diabetes and epilepsy. ISA Scientific, based in Utah, is researching medications for pain and diabetes made from the cannabinoids found in marijuana that could be swallowed in capsule form.

Some of these new-generation researchers are exploring ways to try to speed up their work by bypassing the federal process for obtaining the drug. In Colorado, for instance, academic researchers have asked state officials whether they would allow them to study extracts grown within the state. In Georgia, scientists are seeking legislative action to allow the state’s five medical research universities to cultivate marijuana. A bill allowing them to do so recently won the backing of a House committee.

Much of the debate surrounding marijuana research is focused on its classification by the DEA as a Schedule I drug, the most restrictive of five categories. Schedule I drugs are considered to have a high potential for abuse and no accepted medical use. Other drugs in that group include LSD, heroin and ecstasy.

The American Medical Association said in November that it does not support state medical marijuana efforts and still considers the drug dangerous. But it also called on the government to encourage more clinical research — by reconsidering its classification as a Schedule I drug. A lower-level classification would allow researchers to obtain marijuana more easily.

The fact that the Obama administration in recent months has moved to loosen restrictions on marijuana in other regards has raised hopes that it will take similar action that will help scientists. The Justice Department said last year that it would not challenge state laws legalizing marijuana, and in February, the Treasury announced new guidelines meant to make it easier for cannabis businesses to open bank accounts in states where the drug is legal.

Kevin Sabet, a former White House senior adviser for drug policy who has been dubbed the No. 1 legalization enemy by Rolling Stone magazine, said he supports efforts to break down barriers for researchers. But he proposed that this could be done more efficiently without rescheduling the drug — which remains highly controversial and would have implications for the criminal justice system.

Sabet signed a letter sent this month to senior administration officials by a coalition of people working in drug prevention and related causes. The letter suggested that the DEA could instruct field offices to process applications without delay after FDA approval and could relax storage requirements for the components of marijuana used in the context of an investigational new drug.

‘The Whole Process is Wrong’

In the brave new world of medical marijuana, family doctors, psychiatrists and other community practitioners are the gatekeepers and must determine whether a patient truly needs the drug. But in many cases, doctors are prescribing the drug for their patients against the recommendations of medical societies and with only limited research to back up what they are doing.

“The whole process is wrong,” said Andrew Weil, the American doctor and author who conducted the first double-blind clinical trials of marijuana in 1968.

“There is a great deal of evidence both clinical and anecdotal of its therapeutic effects, but the research has been set way back by government polices,” Weil added.

“We are at the point where we are really just learning about this, and for doctors that means a lot of experimentation,” said Bonnie Goldstein, a pediatrician who is medical director of the Ghost Group, which manages WeedMaps.com, a searchable directory of doctors and dispensaries.

In many states, for instance, marijuana is approved for pain and prescribed for those with arthritis. But a study published in the journal of the American College of Rheumatology this month found that the effectiveness and safety of marijuana to treat conditions such as arthritis are not supported by medical evidence.

Another condition for which medical marijuana is widely prescribed is PTSD. Yet the American Psychiatric Association discourages doctors from using it to treat psychiatric disorders. In a statement in November, the APA said, “There is no current scientific evidence that marijuana is in any way beneficial for the treatment of any psychiatric disorder.”

Sisley said she has been working with marijuana for several years to treat soldiers returning from Afghanistan and Iraq who have flashbacks, insomnia and anxiety, but she has had questions about dosages that haven’t been answered. Is one gram a day optimal? Or two? Is it better to smoke the marijuana or use a vaporizer, which heats ground marijuana leaves to produce a gas?

Sisley — who is working on the PTSD study with Rick Doblin, a psychologist and executive director of the Multidisciplinary Association for Psychedelic Studies — says she thinks the next big political fight over marijuana may come from studies such as hers. If research shows that marijuana is an effective medical treatment, it could force the federal government’s hand on reclassifying it.

Source: Washington Post (DC)
Author: Ariana Eunjung Cha
Published: March 21, 2014
Copyright: 2014 Washington Post Company
Contact: [email protected]
Website: http://www.washingtonpost.com/

DEA Chief Slams Obama For Pot Remarks: Reports

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The head of the Drug Enforcement Administration slammed President Barack Obama this week for saying marijuana is no more harmful than alcohol, according to a report Saturday in the Boston Herald.

DEA Administrator Michele M. Leonhart reportedly told a group of sheriffs at a closed-door conference in Washington that she was frustrated by the administration’s recent openness toward state legalization. Although Leonhart’s remarks were not made publicly, her pointed references to the president could put her job in jeopardy.

“She was honest,” Mike H. Leidholt, president of the National Sheriffs’ Association, told the Herald. “She may get fired. But she was honest.”

The administration so far has shown itself willing to let Colorado’s and Washington’s experiments with marijuana legalization move ahead. But those baby steps toward respecting state legislation appear to have sown dissension at the DEA.

Leonhart, a former Baltimore cop and long-time DEA agent before ascending to the agency’s top role, staunchly opposes mainstreaming marijuana use. In 2012 House Judiciary testimony, she refused to answer a question from Colorado Rep. Jared Polis (D) about whether she thought crack or heroin were worse for a person’s health than marijuana. She said in December that legalization sends “mixed messages” to high-schoolers, and this month, one of her top deputies told Congress that legalization is “reckless and irresponsible.”

Leonhart also appears to have been upset by a flag made of hemp that flew over the U.S. Capitol on July 4 at the behest of Polis.

Bristol County, Mass., Sheriff Thomas M. Hodgson told the Herald that “she said her lowest point in 33 years in the DEA was when she learned they’d flown a hemp flag over the Capitol on July 4. The sheriffs were all shocked. This is the first time in 28 years I’ve ever heard anyone in her position be this candid.”

The flag was made with industrial hemp, which is not a drug.

“This shows how shockingly out of touch Michele Leonhart is,” Polis told HuffPost in an email Saturday. “You would think that one of her lowest points would have been when she completely embarrassed herself by failing to state the obvious scientific fact that marijuana is less harmful and addictive than heroin. Almost half a million Americans saw her make a fool of herself.”

A DEA spokeswoman contacted by the Herald did not comment on Leonhart’s remarks, but reiterated the agency’s opposition to legalization. She did not immediately respond to a request for comment from HuffPost.

Aside from Obama’s statements, it also appears that Leonhart was incensed that the unofficial White House softball team squared off against a marijuana reformers’ team in a game covered exclusively by HuffPost. The White House staffers lost.

Tom Angell, founder of the reform group Marijuana Majority, told HuffPost in an email that he doesn’t expect Leonhart to be fired for her “insubordinate speech.”

“But in light of the president’s newfound boldness in speaking out about the unfairness of marijuana prohibition enforcement, he should take the opportunity to significantly reform federal marijuana policy and rearrange the agencies that have mismanaged it for so long,” he said.

Newshawk: runruff
Source: Huffington Post (NY)
Author: Ryan Grim and Matt Sledge
Published: January 25, 2014
Copyright: 2014 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

DEA Marijuana Raids Plummet

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New data released by the Drug Enforcement Administration reveals the agency has dramatically cut the number of raids on marijuana growers over the past two years, especially in California.

But, as SF Weekly noted, a closer look at the data reveals that the DEA has not become less aggressive. Rather, the agency appears to have been more effective by making fewer raids, but arresting more people and seizing more pot.

While the number of busts has decreased by about 22 percent, the amount of marijuana confiscated and the number of arrests made during raids have increased by about that much. In 2010, authorities pulled 7.4 million plants from 2,272 sites, resulting in 1,591 arrests and 59,928 pounds of pot, according to the DEA. In 2012, authorities confiscated 2.08 million plants from 1,784 sites. But the grand pull during those raids was a whopping 2,045 arrests and 64,920 pounds of pot.

As SF Weekly noted, the shift is likely due in part to the DEA’s disbandment of its nearly 30-year-old Campaign Against Marijuana Planting, or CAMP program. Allen St. Pierre, executive director of marijuana policy reform group NORML, told The Huffington Post that he believes technology may be driving the increase in arrests.

“Before, they would get the cannabis, but rarely get any arrests,” St. Pierre explained. “But with new technology — satellites, drones, cameras, etc. — they have a much better opportunity to get a bit of a body count, so to speak.”

A DEA spokesman wasn’t immediately available for comment.

St. Pierre, generally an outspoken critic against the DEA, hailed the agency’s shift.

“This is positive news, but I think it may have more to do with the pressure for forfeiture, which is always in the background for law enforcement. If authorities find assets, cash, etc., they get to largely keep those items through civil forfeiture process,” St. Pierre said. “The real vexation of law enforcement should be drugs like meth. But unfortunately — perversely — they are incentivised by the federal government to go after cannabis. But hopefully this trend will continue and we’ll start to see a real reprioritization.”

Source: Huffington Post (NY)
Author: Robin Wilkey
Published: September 19, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Feds Should Stop Fighting Medical Marijuana

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To all appearances, Connecticut is well on the way to making medical marijuana available to people who are suffering from certain serious illnesses. Regulations have been drafted and will be voted on by a legislative committee next month. Physicians have thus far certified 660 patients as eligible for the palliative substance. Proposals for production facilities have surfaced in Watertown and Middletown, with others on the way.

But there remains one nagging, unresolved issue: It is still a federal crime to use, cultivate, dispense or possess marijuana. Indeed, since 2009 the Justice Department has conducted more than 170 aggressive raids in inie medical marijuana states, according to the advocacy group Americans for Safe Access.

Connecticut officials think they have crafted a strict, tightly regulated law that will not draw the attention of federal authorities. We hope they are right. The better option is to end the disconnect between state and federal laws, so people with cancer, Parkinson’s disease, multiple sclerosis and other ailments can, if they choose, use marijuana to gain some measure of relief.

Obama

In 2008 candidate Barack Obama said that medical marijuana would not be a priority target of Justice Department resources. Well, not so fast. The department’s policy on the subject was outlined in a couple of memos, most recently the 2011 “Cole Memo,” from Deputy U.S. Attorney General James M. Cole to U.S. attorneys around the country.

Mr. Cole said it is “likely not an efficient use of federal resources” to focus enforcement on sick people or their caregivers, but reminded the federal prosecutors that persons “who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law … such persons are subject to federal enforcement action, including potential prosecution.”

The plain meaning is that federal law enforcement officers can — and in an increasing number of cases have — gone after medical marijuana growers.

Scale

Justice Department spokeswoman Allison Price said via email last week that the department’s focus is “on making sure that people aren’t using the pretext of medical marijuana to do large-scale interstate drug dealing.”

She suggests the feds are looking at larger operations that aren’t well monitored. This should work in Connecticut’s favor. The state’s statute, passed last year, envisions a small, tightly controlled system. There will be no more than 10 secure production facilities (Colorado has more than 1,000 farms), and a limited but as yet undetermined number of dispensaries, each run by a licensed pharmacist. Marijuana will be treated like other controlled pharmaceuticals.

“Connecticut has done everything it can to insulate itself from federal intervention,” said Consumer Protection Commissioner William M. Rubenstein, whose department administers the program. He said in drafting the regulations, his people studied the experience in some (lightly regulated) Western states, and opted for a closely controlled system that would prevent theft and diversion and focus on sick people.

But for the federal law, major pharmaceutical companies, who know how to make safe drugs at competitive prices, might be in the game.

However …

In the vast and complex world of law there are many situations where state and federal laws disagree. The state and federal minimum wages are different, for example. We can live with most of these discrepancies, but not the disconnect on medical marijuana; it causes too many problems.

For example, the Colorado Court of Appeals in April upheld the firing of a quadriplegic man, Brandon Coates, for off-the-job medical-marijuana use, concluding that, because marijuana is illegal under federal law, employees have no protection to use it. Mr. Coates uses marijuana to control muscle spasms.

At present, 19 states and the District of Columbia have chosen to help people such as Mr. Coates. We urge Congress and the president to let them, by passing a law like Connecticut’s.

Source: Hartford Courant (CT)
Published: July 15, 2013
Copyright: 2013 The Hartford Courant
Contact: [email protected]
Website: http://www.courant.com/

Obama Helps Nip Pot Legalization In Latin America

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President Obama helped prevent a move toward pot legalization by some Latin American leaders.  But will he be as bold against Colorado, Washington state?

Peter Bensinger, a former Drug Enforcement Administration chief, was one of eight former DEA chiefs who recently spoke out in favor of the federal government needing to nullify Colorado and Washington’s laws legalizing recreational marijuana use.  They said the Obama administration has reacted too slowly and should immediately sue to force the states to rescind the legislation.

For all the political flak that President Obama is receiving for digital surveillance of Americans, he deserves some praise for protecting Americans on another front.  His administration has helped dampen moves by some Latin American leaders to legalize marijuana in the Western Hemisphere.

The Christian Science Monitor

A meeting of the Organization of the American States ended Thursday in Guatemala without the expected “serious” discussion among the 34 nations to legalize pot.  Just last month, an OAS report recommended legalization as one alternative to the current anti-drug approaches.

The report, which called for “flexibility,” came as quite a shock to many in the region.  Polls in most of Latin America, unlike in the United States, show legalization to be unpopular.

Leaders in a few states, such as Uruguay and Guatemala, favor legalization.  Others, such as in Brazil and Peru, decidedly do not.  Yet with two states in the US ( Washington and Colorado ) having legalized recreational use of pot last year, some in Latin America saw an opening to push Mr.  Obama to bend.

Fortunately, his secretary of State, John Kerry, did not accommodate such voices at the OAS assembly.  “These challenges simply defy any simple, one-shot, Band-Aid” approach, he said.  “Drug abuse destroys lives, tears at communities of all of our countries.” Other administration officials have been working for months to squash the region’s legalization efforts.

A few Latin American leaders were more explicit than Mr.  Kerry.  “We need a policy that is anti-crime and not pro-drug,” said Alva Baptiste, St.  Lucia’s foreign minister.  And Nicaragua’s OAS envoy, Denis Moncada, said, “Replacing and weakening the public policies and strategies now in use to combat the hemispheric drug problem would end up creating dangerous voids and jeopardize the security and well-being of our citizens.” Many of the region’s drug experts say countries need to focus on rule of law, addiction treatment, and gang suppression.

Obama does need to be plain about federal intentions toward legalization in the US.  His embattled attorney general, Eric Holder, must uphold federal law by cracking down on the selling of recreational marijuana in Washington and Colorado.  If he doesn’t, the president can hardly complain about states defying aspects of his Affordable Care Act ( “Obamacare” ).

Drug-producing countries such as Mexico, Colombia, and Peru that have suffered from a military approach in the struggle against trafficking cannot be faulted for seeking different approaches.  They are right to point to the US, which is the world’s largest consumer of illicit drugs, as a major cause of their woes.  But drug trafficking is also a sign that such countries need fundamental reform to root out corruption and raise social indicators.  Both Mexico and Colombia are well along that path.

The uncertainties of legalizing pot, let alone the moral arguments against government promoting its use, call for Obama to be vigilant against legalization.  He has now done that strongly abroad.  He must do much better at home.

Source: Christian Science Monitor (US)
Copyright: 2013 The Christian Science Publishing Society
Contact: [email protected]
Website: http://www.csmonitor.com/

Federal Crackdown Busts Montana’s MMJ Industry

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If American society’s tolerance for marijuana is now growing, then what happened in Montana illustrates just what can happen when the government decides things have gone too far. Pot advocates were running caravans, helping hundreds of residents in a day get medical marijuana user cards. Some doctors who conducted cursory exams on scores of people were fined. As the number of users quickly grew, so did a retail industry that led some to dub the state “Big High Country.”

Today, thousands of medical pot providers have gone out of business, and a health department survey showed that the number of registered users have fallen to less than a quarter of their 2011 numbers.

The drop was driven in part by a tougher 2011 law on medical marijuana use and distribution. But more than anything, marijuana advocates say, the demise of the once-booming medical pot industry was the result of the largest federal drug-trafficking investigation in the state’s industry.

The three-year investigation by the U.S. attorney’s office, the Drug Enforcement Administration and other federal agencies wrapped up last week when the last of 33 convicted defendants was sentenced. That allowed its architect, U.S. Attorney Michael Cotter, to speak publicly for the first time on the crackdown.

“For a long time, we were hearing complaints from local law enforcement and from citizens … that they were tired of marijuana and they were tired of it next to schools, to churches, people smoking it openly on the streets,” Cotter said in an interview with The Associated Press.

“It was just something that had to be done,” he said. “And the result of doing it the way that we did, it was a strong statement that marijuana wasn’t going to be tolerated in Montana.”

Cotter said he believes he is on the right side of history, regardless of what is happening in the country. Last fall, voters in Colorado and Washington state passed laws to legalize recreational pot use, and a Pew Research Center poll released last month found 52 percent of Americans think marijuana should be legal.

The Justice Department has yet to decide whether to sue in federal court to block Colorado and Washington’s laws under the legal argument that federal laws outlawing any use, possession or distribution of marijuana prevail over state laws.

In Montana, what started out as a system to provide marijuana to those with health problems turned the state into a source for drug trafficking, Cotter said. The industry had ballooned so much and so quickly that drug traffickers were operating under the guise of medicinal caregivers, and the pot was being sent to users in New Jersey, Virginia, Colorado and other states, he said.

Now, marijuana is still in Montana, but it’s manageable, he said.

The investigations were split geographically into three parts: Operation Smokejumper, Operation Weed Be Gone and Operation Noxious Weed. They targeted medical marijuana providers dealing in more than 100 plants and came away with 34 indictments, from a longtime state lobbyist to a former University of Montana quarterback.

Most of those arrested argued at first that they were following the state’s medical marijuana law. When federal prosecutors, led by Assistant U.S. Attorney Joseph Thaggard, successfully squelched that argument in court, all but three of the providers made plea deals.

The federal Controlled Substances Act, which bans any distribution or use of marijuana, trumps state law, Thaggard said. Besides, the investigation found that none of the defendants was following state law, he added.

“I think that we were confident that if we had to go down that road, we would show just how out of compliance these people were,” Thaggard said.

The final scorecard: 33 convictions. Thirty-one made plea deals, two went to trial and lost and the case against the accountant of a provider was dismissed.

Federal prosecutors in other states watched closely as the probe unfolded in Montana, and was widely seen as a success and possibly a model for others, Cotter said.

“Speaking through enforcement action does have the deterrent effect that is needed,” Cotter said. “It had the effect that we were looking for, and that was to deter the trafficking of marijuana.”

Montana Cannabis Information Association spokesman and Marijuana Policy Project lobbyist Chris Lindsey — who also was one of the 33 providers convicted in the probe — agreed the federal investigation was the main driver in changing the shape of the industry.

But a federal crackdown won’t stem the tide of the public will, he said.

Montana residents are increasingly in favor of improving the medical marijuana laws so there is better regulation and better access for those who need it, Lindsey said. “In Montana, it seems our options have only been the wild, wild West or no activity at all. Ultimately, we will be in the middle,” Lindsey said.

Cotter and DEA Agent in Charge Brady MacKay, who led much of the investigation, dispute that medical marijuana is beneficial for the seriously ill. They say patients who need the relief that marijuana provides should get it from Marinol, a prescription drug that contains some of the properties of marijuana.

“I think it’s Madison Avenue marketing, the person who dreamed up tying medical and marijuana together,” Cotter said. “It’s a powerful marketing tool. But the fact of the matter remains that marijuana is a dangerous drug and it’s harmful to people,” Cotter said.

Source: Billings Gazette, The (MT)
Published: May 12, 2013
Copyright: 2013 The Billings Gazette
Contact: [email protected]
Website: http://www.billingsgazette.com/

Federal Suit Claims Police Distort MJ Searches

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One man was walking home with groceries. Another was on a break from his job at a meat market. A third was walking down the street listening to headphones.

That is when the men say police officers confronted them, sometimes violently, searched their clothing and discovered small amounts of marijuana, according to a federal civil rights lawsuit that is expected to be filed on Thursday in United States District Court for the Southern District, in Manhattan.

The lawsuit, filed on behalf of five Bronx men, contends that New York City police officers routinely stop black and Latino men without cause and then charge them with low-level misdemeanors when their pockets are emptied and small amounts of marijuana are found.

In each of the cases, the amount of marijuana found on the men would have amounted to little more than noncriminal violations punishable by a fine of up to $100 for first-time offenders. But the lawsuit contends that the charging officers falsely claimed the marijuana was in public view, making it a low-level misdemeanor under Section 221.10 of the New York Penal Code, which allows for sentences of up to three months in jail.

Critics of the Police Department say the practice, which they call manufactured misdemeanors, is widespread. The arrests are often the outgrowth of the department’s stop-and-frisk program, which is being challenged in federal court for, among other things, disproportionately targeting black and Hispanic men.

The lawsuit names the city, the department and several officers and supervisors as defendants. It was filed by the Bronx Defenders, which represents low-income defendants, and the law firm of Emery Celli Brinckerhoff & Abady L.L.P. A similar lawsuit filed by the Legal Aid Society is pending in state court in Manhattan.

A spokeswoman for the city’s Law Department declined to comment on Wednesday, saying the city had not yet been served with the lawsuit.

The Police Department charged more than 50,000 people with marijuana misdemeanors in 2011. More than 84 percent were black or Hispanic, a disparity that is even more pronounced in the Bronx.

In an effort to limit these arrests, Gov. Andrew M. Cuomo has made decriminalizing small amounts of marijuana in open view one of his top goals this legislative session. The Legislature failed to act on a similar measure last year, despite support from Mayor Michael R. Bloomberg and the police commissioner, Raymond W. Kelly.

Though state law calls for misdemeanor cases to be tried within 60 days, the time limits are seldom met, the lawsuit contends. People arrested in the Bronx have it even worse; a recent series of articles in The New York Times revealed a dysfunctional justice system plagued by long delays that often make it all but impossible for people charged with misdemeanors to ever reach trial.

Two of the plaintiffs in the lawsuit, Francisco Zapata and Danilo Melendez, were featured in one of the articles. They endured long delays and made frequent court appearances waiting for trial before the charges against them were finally dropped.

A version of this article appeared in print on May 2, 2013, on page A20 of the New York edition with the headline: Federal Suit Claims Police Distorted Marijuana Searches to Create Misdemeanors.

Source: New York Times (NY)
Author: Ray Rivera
Published: May 2, 2013
Copyright: 2013 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/

Feds Not Changing Marijuana Policy

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A top Justice Department official has said in a television interview that the federal government is ready to combat any “dangers” of state-sanctioned recreational pot, amid criticism of the Obama administration for its relative silence on legalization drives in three states.

Voters in Colorado, Washington state and Oregon are set to vote Nov. 6 on whether to legalize and tax marijuana sales, raising the possibility of a showdown with the federal government, which views pot as an illegal narcotic.

Deputy Attorney General James Cole, in comments to “60 Minutes” posted on Saturday to the website of CBS affiliate KCNC-TV in Denver, said his office’s stance on pot would be “the same as it’s always been” if voters approved legalization.

“We’re going to take a look at whether or not there are dangers to the community from the sale of marijuana and we’re going to go after those dangers,” Cole told “60 Minutes” in an outtake from a report on Colorado’s medical marijuana industry due to air Sunday, according to the CBS affiliate.

Cole’s statement is an indication the federal government, which has raided medical pot dispensaries in several of the 17 states that allow cannabis as medicine, could also take aim at state-sanctioned recreational marijuana.

It also represents a break with the Obama administration’s relative silence about the pot referendums, which has led to uncertainty about whether federal officials would stop states from taxing and regulating sales of pot in special stores to those 21 and older, as proposed under each of the three state initiatives before voters.

Representatives for the Justice Department did not return calls or emails seeking comment on Cole’s remarks.

A top legalization backer, however, dismissed them as “innocuous,” unlike the stance Attorney General Eric Holder took in 2010 just weeks before a failed California referendum to legalize pot.

‘Wait and See’

In 2010, Holder issued a toughly worded letter that said his office “strongly” opposed the California proposal and would “vigorously enforce” drug laws against participants in the recreational pot trade, even if state law permitted it.

Holder’s statement is credited with helping to persuade some California voters to reject the proposal.

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“Compared to what they did two years ago in California, to have their federal posture be essentially a wait-and-see approach is encouraging,” said Ethan Nadelmann, head of the Drug Policy Alliance, which through affiliates has funded marijuana legalization campaigns.

Polls show the American public is increasingly leaning toward legalizing pot, but no state has taken that step.

Nadelmann said pot legalization is popular with young people and independents, two groups of voters crucial to President Barack Obama’s re-election campaign, and that his administration is “being smart in basically not weighing in at this time.”

Marijuana is the most commonly used illicit drug in the United States. Pot activists say prohibition fails to prevent its use and enriches criminal cartels, but opponents of legalization say it would endanger health and public safety.

Former heads of the U.S. Drug Enforcement Administration in September sent a letter to Holder urging him to publicly oppose the legalization referendums. On Monday, a former federal official expressed dismay at the Obama administration’s silence.

“It’s shocking, because all you have to do is say things that this administration’s already said,” John Walters, who served as “drug czar” to former President George W. Bush, told reporters on a conference call.

Cole’s remarks to “60 Minutes” were in response to a question about the possibility of recreational pot being allowed in Colorado, according to the station, which posted a video with the outtake on its website.

“I think it is pretty clear from this video that the Obama administration won’t take any legalization measure lying down,” Kevin Sabet, a former adviser to Gil Kerlikowske, the Obama administration’s drug policy director, said in an email.

Source: Reuters (Wire)
Published: October 21, 2012
Copyright: 2012 Thomson Reuters

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