November 19, 2009
/24-7PressRelease/ --
Medical Marijuana Memo Lights up Controversy
Article provided by Larin & Leonard
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During his candidacy, President Obama promised change. Among other things, he promised to change policies regarding the enforcement of federal drug laws in states that permit the use or possession of marijuana for medical purposes.
Recently, Obama made good on that promise. In a significant departure from prior policies, the federal government will no longer prosecute people in possession of marijuana as long as they are in compliance with state laws.
Deputy Attorney General David W. Ogden sent a memo explaining the new policy to federal prosecutors in the 14 states that allow some use of marijuana for medicinal purposes, as well as top officials at the FBI and the Drug Enforcement Administration.
The memo encourages US Attorneys to prioritize cases and to not waste time pursuing cases against those who are in strict and unambiguous compliance with state laws regarding medical marijuana. However, the memo specifically notes that prosecutors are still urged to pursue marijuana cases involving violence, illegal firearm use, selling to minors, money laundering and other criminal activity; this is not a free pass for all crimes involving marijuana.
Michigan is one of the 14 states with laws permitting use of medical marijuana. Under Michigan law, a patient with a doctor's recommendation can register for an Registry Identification Card. This card, in turn, allows a patient to possess up to 2.5 ounces of marijuana and cultivate up to 12 marijuana plants in an enclosed, locked area. A patient with a doctor's recommendation can also designate a primary caregiver, who is authorized to possess limited amounts of marijuana on behalf of the patient. The ID cards protect patients and their caregivers from arrest, provided they are in full compliance of state law.
The new law has sparked a division within the state. Some police departments are concerned that criminals will produce fake letters of recommendation from doctors and create counterfeit state marijuana ID cards. Many don't approve of legalizing cannabis for medical use, believing it to be the first step towards full decriminalization.
Despite law enforcement concerns though, the law was approved by 63 percent of the voters. Additionally, many people who are chronically and terminally ill are grateful for the opportunity to obtain relief via medical marijuana. Patients undergoing chemotherapy or suffering from such diseases as cancer, diabetes, hepatitis C and Crohn's disease report that marijuana helps alleviate pain and nausea and eases inflammation. This, in turn, allows them to experience a more manageable lifestyle, free from the side effects of other prescription drugs and treatments.
The full consequences of this announcement remain to be seen. However, some speculate that the memo may ease reservations among both individuals and legislators, bringing lawmakers in more states to pass legislation legalizing medical marijuana.
Article provided by Larin & Leonard
Visit us at
www.larinandleonard.com---
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