"What I'm not going to be doing is using Justice Department resources to try to circumvent state laws on this issue, simply because I want folks to be investigating violent crimes and potential terrorism. We've got a lot of things for our law enforcement officers to deal with." (see the above linked video at 2:11)
SAN FRANCISCO (AP)— Federal prosecutors have launched a crackdown on pot dispensaries in California, warning the stores that they must shut down in 45 days or face criminal charges and confiscation of their property even if they are operating legally under the state's 15-year-old medical marijuana law.


Salon.com
Comments
Great to see a new post from you!
I really don't get this new policy. Surely the government has better things to do than to shut down taxpaying businesses operating legally in their own state.
Dispensaries make regulation of medical marijuana easier, as well as keeping patients out of the black market. So it's not clear to me how the federal government is helped by shutting them down.
This is yet another example of hearing one thing from Obama and getting another, perhaps the most blatant example to date. We expect a certain "flexibility" in the promises that politicians make, but in my opinion this reversal is without justification.
Rule #something.something: Politicians will say anything to get elected.
In late September the ATF sent memoranda to federally licensed gun dealers saying that medical marijuana patients are forbidden from purchasing or owning firearms or ammunition.
And now, the Obama administration has a legal opinion authorizing the killing of Americans -- but they won't release the opinion. So much for civil liberties and transparency in government.
However anyone feels about voting for Obama, I think it is clear that he cannot be trusted on any particular issue. Maybe he'll do what he says, maybe not.
The strange thing here is two fairly recent commerce clause cases. The first, US v. Lopez legitimately finds no connection between school zone guns and interstate commerce. Tosses fed case out.
Gonzales v. Raich manages to find a connection in California home grown and free medical pot and interstate commerce where there is none. That's why the Feds can play now. I wouldn't want to bet the guns v. drug difference wasn't in play.
Maybe if there was a NPA that was as powerful as the NRA...but really, there was no connection in either one, and both enforcements or otherwise should be left to states.
Barry, could you expand a little more on that? It seems to me that the feds could prioritize where they put their resources, and that in so doing they could conclude that shutting down dispensaries legally operating under state law is not a very high priority.
Shutting down dispensaries will only drive people into the black market. Thus, the state and federal governments will lose visibility over who is selling what, in addition to losing tax revenue.
The feds lose, the state loses, and the medical mj patients lose. Surely there has to be a better way, and the 2008 version of Obama seemed to understand that.
The new policy of shutting down the dispensaries I call the "Mexican Drug Lord Assistance Act," since they will likely be the main beneficiaries of the policy.
Even Gov. Christie's reading of that memo lead him to decide the DEA would leave New Jersey's operation alone. But here's the thing, federal prosecutors are free to prosecute any case brought to them by the DEA. While we like to villanize Pres. Obama or AG Holder, neither can legally tell a prosecutor not to press a case brought to them by any law enforcement agency. It is illegal under federal law to possess cannabis for any reason in any amount. While both Pres. Obama and AG Holder agree that it is not a wise use of federal resources to go after medical marijuana they are powerless to stop prosecutors or the FBI or the DEA pursuing these cases. The only way to change this is to insist that our governments both federal and state change the law to allow for the medicinal use of cannabis. Or even better still simply legalize marijuana, period. You can read about the struggle in Maryland by reading my other blog, Casey's Dream http://caseysdream.blogspot.com/
The question I have is how the Justice Department prioritizes its work. Someone has to make a decision on what the priorities are. They could focus on fighting terrorism, investigating and prosecuting while collar criminals on Wall Street and elsewhere, or shutting down dispensaries legally operating in California. Given limited resources, someone has to determine how those resources are deployed.
-R-