Obama yields to states on medical marijuana

[bascule]

http://blogs.usdoj.gov/blog/archives/192

 

Federal agents will now cede to states on the issue of medical marijuana, thanks to new orders under Obama. This is a complete 180 from the Bush years, when the executive decided to pursue federal action against medical marijuana providers who were acting under state law.

 

Interesting to see where this will wind up going...

[JillSwift]

I was hoping for this. THC appears to have a lot of potential as a medicine, and it would be nice to have a few places in the US where marijuana research doesn't require five tonnes of paperwork for a license to posses.

 

That beside the fact that I prefer stoners over drunks... >.>

[Sisyphus]

Well, it's progress. But reading, it's all full of caveats that pretty much still reserve the right to do whatever they want. As in, you still don't have to be in violation of any state law in order to prosecuted under federal law:

 

Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department’s authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion

 

So it's not really changing any law, just acting as a "guide to the exercise of investigative and prosecutorial discretion." So they're saying they don't want to be deliberately, bloody-mindedly in opposition to state laws (like we had been previously), but it still doesn't actually stop crusading prosecutors, except possibly as a budget issue.

[Moontanman]

I do indeed wish my state would allow medical MJ, I am a chronic pain patient but a few years ago i had to stop taking opiates like oxycontin simply because they were not only killing me but i had forgotten almost 10 years of my life. opiates kill, MJ does not!

[bascule]

If you ask me, this is definitely a states rights issue. Where in the Constitution is the federal government granted the power to regulate "substances" when they aren't crossing state lines? Especially when the federal law violates state law?