« A complete set of links to Smart Sentencing from the Missouri Sentencing Advisory Commission | Main | District judge and lawyers not sure what to do in Nacchio case after sentence reversal »

October 23, 2009

"Medical Marijuana Muddle"

The title of this piece is the headline of this new commentaryfrom Jacob Sullum at Reason.  The piece is subtitled "The Obama administration’s new policy may not make much difference in practice," and here are snippets that explain Sullum's concerns:

This week's memo, which White House spokesman Robert Gibbs says merely describes what "has been administration policy since the beginning of this administration in January," helps explain these apparent inconsistencies.  It tells federal prosecutors in the 14 states that recognize cannabis as a medicine they "should not focus federal resources…on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."

In California especially, that phrasing leaves a lot of wiggle room for federal meddling.  Last fall the California Supreme Court rejected the idea that medical marijuana suppliers are legal as long as their customers designate them as "primary caregivers."  Patients who are not up to growing marijuana on their own can still organize as "collectives" or "cooperatives," but local officials disagree with state officials and each other about what that means.  Los Angeles County District Attorney Steve Cooley, for example, maintains that state law does not permit over-the-counter sales, which would make virtually all of the 800 or so medical marijuana dispensaries in L.A. illegal.

Cooley’s position may be welcomed by the DEA and by like-minded officials in jurisdictions such as San Diego, but it conflicts with the views of more cannabis-tolerant officials in places such as Oakland and San Francisco.  It also contradicts guidelines issued last year by California Attorney General Jerry Brown, who says patient collectives may charge for marijuana, as long as they do not take in more revenue than is necessary to cover their overhead and operating expenses.  Until the law is clarified by the courts or the legislature, the federal government will have plenty of opportunities to continue interfering with the distribution of medical marijuana.

Some recent related posts:

October 23, 2009 at 04:35 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e20120a6701d6c970c

Listed below are links to weblogs that reference "Medical Marijuana Muddle":

Comments

Some very valid points...interesting to see how this whole thing pans out over then next few months.

Posted by: Medical Marijuana | Jan 8, 2010 12:25:11 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB