Pubdate: Sat, 02 Jul 2011
Source: Record Searchlight (Redding, CA)
Copyright: 2011 Record Searchlight
Contact:  http://www.redding.com/
Details: http://www.mapinc.org/media/360
Author: Ryan Sabalow
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDS MORE STRICT ON MEDICAL POT

Medical Marijuana Legal in 16 States, D.C.

Federal prosecutors have tightened their stance on states' medical 
marijuana laws, saying lax enforcement has created an environment 
where "large-scale, privately operated industrial marijuana 
cultivation centers" are booming businesses worth millions of dollars.

The move was applauded Friday by local law enforcement officials.

"It's about time," said Shasta County Sheriff Tom Bosenko.

In a memo sent Wednesday to federal law enforcement officials and 
prosecutors, Deputy U.S. Attorney General James M. Cole clarified the 
Justice Department's position on medical marijuana, saying federal 
prosecutors should still use discretion about prosecuting those 
labeled as "caregivers" under state medical marijuana laws, but it's 
OK to charge those involved in the illegal distribution and sale of 
marijuana. Cole says doing so is "a serious crime" that "provides a 
significant source of revenue to large scale criminal enterprises, 
gangs and cartels."

Marijuana is illegal under federal law, but 16 states and the 
District of Columbia have passed laws legalizing medical marijuana.

California voters legalized medical marijuana in 1996 when they 
passed Proposition 215.

In 2009, the Obama Administration's Deputy Attorney General David 
Ogden sent a memo to prosecutors telling them not to enforce 
marijuana laws if they ran counter to state laws that legalized the drug.

Cole said that since Ogden's memo was released, a number of U.S. 
attorneys and state and local law enforcement officials contacted his 
office for clarification about what to do about huge, for-profit 
marijuana operations that sprang up as a result.

"For example, within the past 12 months, several jurisdictions have 
considered or enacted legislation to authorize multiple large-scale, 
privately operated industrial marijuana cultivation centers," Cole 
said. "Some of these planned facilities have revenue projections of 
millions of dollars based on the planned cultivation of tens of 
thousands of cannabis plants. State laws or local ordinances are not 
a defense to civil or criminal enforcement of federal law with 
respect to such conduct."

Last fall, Redding city planners approved a zoning ordinance allowing 
for large commercial indoor medical marijuana growing. There are at 
least 17 pot collectives, co-ops and dispensaries in Redding. Shasta 
County has a moratorium on such centers.

Redding Police Capt. Roger Moore said the memo "very well could change things."

"We want to enforce federal guidelines and regulations," Moore said. 
"But we're kind of caught in the middle. As soon as we get some 
support and backing from the Feds, we will enforce their wishes."

Bosenko said he plans to hold conversations with local prosecutors 
about whether the memo might change how they prosecute his deputies' 
marijuana arrests.

"Marijuana still remains illegal under federal law and under state 
law," Bosenko said. "We'll continue to enforce the law."

Jess Brewer, the owner of Trusted Friends, a medical marijuana 
collective on Pine Street in Redding, said he doesn't expect 
legitimate nonprofit suppliers of medical cannabis like him will see 
any changes.

Brewer said his office already has received a letter from Redding 
Police Chief Peter Hansen advising him of the changes, which he said 
he supports, since they target illicit growers who sell marijuana for 
profit and instead of for purely medicinal use.

"I think they're going after illicit vendors, growers and clubs," he 
said. "If you're not doing it right, they're going to pop you."
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MAP posted-by: Jay Bergstrom