No change in marijuana laws coming, White House says

[RainDog]

136. What was said is this: the Cole memo is in place, still

Last edited Thu Aug 22, 2013, 07:10 AM - Edit history (1)

The Cole Memo was a revision of the Ogden Memo.

"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," the memo reads. "Consistent with resource constraints and the discretion you may exercise in your district, such persons are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct, including enforcement of the CSA."

The memo, authored by Deputy Attorney General James M. Cole, "clarifies" a memo released in 2009 that declared medical marijuana sales in states that have legalized it to be a low priority for law enforcement and prosecutors. The so-called "Ogden memo" first appeared to drug law reformers as evidence that President Obama was dialing back the war on drugs. The DEA and U.S. Attorneys office continued to raid and prosecute state-legal grow operations and marijuana shops after the memo was first circulated, leading reformers to conclude that Obama was lying when he said that his administration would not be doing those things.

The memo written by Cole and addressed to DEA Administrator Michele M. Leonhart and several members of the U.S. Attorney's office is a severe amendment to the Ogden memo. "The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels," the memo reads.

"The Ogden Memorandum provides guidance to you in deploying your resources to enforce the CSA as part of the exercise of the broad discretion you are given to address federal criminal matters within your districts." The memo also says that the meaning of the Ogden memo has not changed since its writing.

The Cole Memo, basically defined "caregiver" as NOT someone who operates a dispensary or grows cannabis to supply patients with the medical substance that may provide the best form of palliative care or medical treatment - in the case of MS, epilepsy, etc.

This was a "clarification" of the Ogden Memo - that said the feds will go after marijuana growers and providers, NO MATTER if a state has created laws that are in contradiction to this action.

So tell me, how has this been misconstrued?

What was said is that Obama is not willing to expend any political capital on helping the two states that passed marijuana legalization bills to implement their laws, since this would require legalization of growing and provision. Those two states have gone beyond medical marijuana to extend the right of Americans to consume cannabis for recreational purposes - and the Obama administration has stated he does not support such legalization.

So tell me, how has this been misconstrued?

The question was presented after and in response to Gupta's discussion of the lies that have been the basis for marijuana prohibition for decades. Gupta admitted the DEA was lying, as well as the NIDA, and noted that both have functioned as ministries of propaganda, not scientific resources for decision making on policy. In reply to this question, the WH spokesperson said the administration is continuing its backward policy that pretends those who need medical marijuana will magically pull it out of their behinds, while ill, in order to have access to the same.

So tell me, how does this headline misconstrue what was said?

Obama may not AT THIS TIME want to state any changes to administration policy. However, his administration, specifically the AG office has been asked to inform legislators in legal mj states what the administration's view is concerning implementation of policy. This is responsible action on the part of state legislators.

Obama has said it is the job of Congress to create legislation - and, yes, this is true.

However, the executive ALSO has the power to request rescheduling from the DEA, to serve as a "bully pulpit" to encourage legislators to address issues - such as the various cannabis-related legislation that has been created - or to tell the AG office to use prosecutorial discretion to simply ignore federal-level violations of drug laws when states are creating their own legalization/decriminalization frameworks.

And this last bit is what Obama has failed to do, and he reiterated his unwillingness to do any of those things by restating current positions.

It's entirely possible that Obama will "evolve" on this issue, just as he evolved on the issue of gay marriage - but it's ridiculous to expect voters to be mind readers to say.. oh, okay, when... 53% support legalization instead of 52% - then he will evolve? But when states spend the money to fund and enact legislation - if the Obama administration turns around and creates financial burdens when asked, repeatedly, by Democratic legislators about this issue - well, that's not going to be okay, no matter how you try to spin it.

The truth is that the federal govt cannot arrest its way out of the current reality that legalization is here. Yet this administration seems unwilling to acknowledge that prohibition has lost this battle and the best practice, now, would be to lead by calling for the passage of the Polis bill.

Many people who maintained their opposition to gay marriage also evolved when the president did. Because he spoke out and presented a case for the issue.

The same is needed now regarding the end of cannabis prohibition.