Pubdate: Fri, 06 May 2011
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2011 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Wayne Laugesen, For the editorial board

FEDS MAY KILL MEDICAL MARIJUANA

Bait and Switch Will Hurt Colorado

A pending federal crackdown on Colorado's medical marijuana patients
and wellness providers will destroy livelihoods, hurt the economy and
cost Colorado Springs and El Paso County precious new tax revenues.
The Obama administration is backing off its principled state's rights
approach to medical marijuana, just as it has abandoned other promises
of hope and change.

Colorado voters amended the state constitution in 2000 to allow the
buying, selling and use of medical marijuana. Today's thriving medical
marijuana trade, which has freed patients from underground drug
dealers, didn't take off until Obama took office and directed Attorney
General Eric Holder to announce new formal guidelines for federal
prosecutors in medical marijuana states. An Oct. 19, 2009 memo by
Deputy Attorney General David Ogden told United States attorneys that
they "should not focus federal resources in your States on individuals
whose actions are in clear and unambiguous compliance with existing
state laws providing for the medical use of marijuana." (See full
Ogden memo )

In Colorado, the memo meant federal respect for Amendment 20, which
allows the doctor-recommended use of marijuana for an assortment of
medical conditions including "severe pain." It allows for the
"acquisition, possession, production, use, or transportation" of
medical marijuana. (Read Amendment 20 )

The memo represented a significant departure from the Bush
administration's refusal to acknowledge Amendment 20 and other state
marijuana laws. It represented tangible change, brought to us by a
president who promised change. Holder told reporters the new guideline
was consistent with promises made by Obama during the campaign. One
such promise:

"I would not have the Justice Department prosecuting and raiding
medical marijuana users. It's not a good use of our resources." -
Obama, at an Aug. 21, 2007 campaign event in Nashua, N.H. (See more
Obama promises to protect medical marijuana ).

Forget the promises and the instruction to U.S. attorneys. Medical
marijuana is going the way of the pledges to close the Guantanamo Bay
detention camp, to end aggressive foreign intervention and to undo
abuses in the Patriot Act.

Colorado Attorney General John Suthers, who fights medical marijuana
even though he pledged to uphold the state constitution, asked U.S.
Attorney John Walsh to clarify the federal Justice Department's
position on medical marijuana after the state Legislature approved new
regulations for the trade. In a July 26 letter to Suthers, Walsh said
the Justice Department plans to "vigorously" enforce federal marijuana
laws "against individuals and organizations that participate in the
unlawful manufacturing and distribution activity involving marijuana,
even if such activities are permitted under state law." (See full
Walsh letter )

Dennis Burke, the U.S. attorney for Arizona, sent a memo Monday
warning Arizona state health officials about the state's new medical
marijuana act. He told Arizona officials of Justice Department plans
to crush medical marijuana, despite the state's law. The letter says
his office "will continue to vigorously prosecute individuals and
organizations that participate in unlawful manufacturing, distribution
and marketing activity involving marijuana, even if such activities
are permitted under state law." (See full Burke letter )

That means Obama's campaign promises and the 2009 memo - directing
Burke, Walsh and other U.S. attorneys to "not focus federal resources
in your States" on medical marijuana patients - mean nothing. Obama
has shown his tolerance for rogue Justice Department employees who
simply don't approve of his "state's rights" approach to medical
marijuana laws. He appears too weak to force his U.S. attorneys to
comply.

It's a bait and switch that stands to devastate the lives of
small-business owners, their employees, their investors and patients
who trusted Obama and found a way off of destructive, liver-rotting,
hard-narcotic pain medications. It's a position that will only
re-enrich and empower the criminal marijuana underground, which obeys
no rules and pays no taxes. It stands to eliminate a substantial new
source of tax revenue that has been a godsend to cities and counties
throughout the great recession. With the potential demise of medical
marijuana - which Obama promised to protect - it is impossible to
distinguish this president from George W. Bush.

[Sidebar]

See full Ogden memo http://mapinc.org/url/Zm1UC2iR

Read Amendment 20 http://www.nationalfamilies.org/guide/colorado20-full.html

See Obama promises to protect medical marijuana http://ubin.cc/jeBJOH

See full John Walsh letter 
http://extras.mnginteractive.com/live/media/site36/2011/0427/20110427_121943_pot.pdf

See full Dennis Burke letter 
http://extras.mnginteractive.com/live/media/site36/2011/0427/20110427_121943_pot.pdf 
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MAP posted-by: Richard Lake