Pubdate: Mon, 24 Oct 2011 Source: Denver Post (CO) Copyright: 2011 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 MORE CONFUSION ON MEDICAL POT The forced closure of Calif. dispensaries further highlights the need for clarity on federal policy. This is a time of great uncertainty for those in the medical marijuana business. While we've consistently criticized the creation of the dispensary model -- that is not what Colorado voters had in mind in 2000 when they passed a ballot measure legalizing medical marijuana -- we also think dispensary owners ought to be treated fairly. In short, enforcement rules ought to be clear. And that is not the case. We're talking about the Department of Justice's evolving position on how and when they'll enforce federal laws that make possession and use of marijuana, medical or not, illegal. The latest instance came recently in California when four federal prosecutors ordered dozens of medical marijuana clubs to close. The prosecutors said the businesses were too close to places where children gather, or were being used by drug dealers as fronts. The U.S. attorneys sent letters to landlords or owners of property being used for the marijuana businesses, both retail and grow space, saying they were at risk of prosecution or property confiscation. To be fair, the Department of Justice has never once hinted that it would tolerate medical marijuana businesses being used by traffickers for illicit distribution. In fact, two much-quoted memos from the DOJ say just the opposite. The memos talk about caregivers providing marijuana to people with cancer or other serious illnesses not being an enforcement priority. In our minds, that means the feds aren't interested in busting the dying person who is smoking weed as part of a treatment regimen and in accordance with state law. That was the model we believe that Colorado voters approved when they passed a state constitutional amendment legalizing medical marijuana. The Cole memo from last summer says entities that engage in large-scale commercial cultivation, sale and distribution of marijuana - -- even those that "purport to comply with state law" -- were never intended to be shielded from federal enforcement action. Given what's happening in California, we have to wonder whether that means federal law enforcement eventually will turn its attention to the big dispensaries and cultivation operations that exist in this state. The enforcement issue becomes more complex with the release last week of a Gallup poll that said for the first time since the organization began gauging public opinion on the issue, a record-high 50 percent of Americans support legalization of marijuana. The Justice Department needs to more clearly state its intentions in enforcing federal drug laws when it comes to medical marijuana so everyone involved has an unambiguous understanding of what the feds will tolerate and what they won't. If that sparks a broader conversation about legalization at the national level, then so be it. - --- MAP posted-by: Matt