http://www.mercurynews.com/breaking-news/ci_16349224
Feds: Marijuana laws will be enforced, state law or not
By Kyle Sporleder and Carl Foster - California News Service
Posted: 10/15/2010 03:53:52 PM PDT
Updated: 10/15/2010 03:54:46 PM PDT
WASHINGTON - U.S. Attorney General Eric Holder says that the federal government will continue to "vigorously enforce'' its marijuana laws even if California's voters approve Proposition 19 which seeks to legalize the drug.
Holder insists the Department of Justice remains committed to enforcing federal laws, under the Controlled Substances Act which bans the use of marijuana among other illicit drugs.
The comments appeared in a letter by Holder addressed to former chiefs of the Drug Enforcement Administration dated Oct. 13. A copy of the letter was obtained by the Associated Press.
"We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law," Holder wrote.
He also said that if voters approve Prop 19 it would be a "significant impediment" to law enforcement efforts targeting drug traffickers and that the measure would "significantly undermine" efforts to keep California communities safe.
Tom Angell, media relations director for the Yes on 19 campaign, derided Holder's statement, saying he believed the letter would actually help supporters of the measure by creating a pushback.
"Holder is an establishment politician trying to maintain the status quo," Angell said. "The voters of California are not going to let Washington D.C. tell them how to vote."
Angell also pointed to a recent letter of endorsement released by a group of 67 law professors in support of Proposition 19, which argued that the initiative was legally sound.
Prop. 19 would make it legal for persons 21 and older to possess up to one ounce of marijuana, to grow it in a private residence and to smoke it in non-public places or licensed public establishments. Recent polls show California voters closely divided over the measure.
Holder's letter is the strongest indication yet that the federal government does not plan to let marijuana be completely free and legal in California even if the ballot measure passes.
However, the federal government's reluctance to elaborate on how it will enforce anti-drug laws creates a muddled picture for what legal marijuana under state law would mean.
There are a number of options federal law enforcement officials could still take with California pot smokers including:
Selectively enforce the federal laws on major drug traffickers.
Withhold federal funds in an attempt to pressure California to conform to federal law.
Preemptively sue the state to block implementation.
This is not the first time California drug law clashed with federal law. The federal response to California's medical marijuana law, approved by voters in 1996, provides insight into steps Washington may take.
Federal raids were common under the Clinton and Bush administration. President Obama signaled a potential shift in policy during his campaign for the Democratic nomination in 2008. Speaking with an Oregon paper, Obama announced that he would not "waste federal resources trying to circumvent state laws."
Yet a month after Obama took office the DEA raided four medical marijuana dispensaries in Los Angeles.
Weeks later Holder reiterated Obama's position, telling reporters that the Justice Department would restrict its enforcement to serious drug traffickers.
A Justice Department memorandum several months later appeared to reinforce Holder's comments. Issued by Deputy Attorney General David Ogden, the memo ordered U.S. attorneys not to target individuals in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."
Apparently ignoring the Obama administration's call for a softer policy on enforcement, the DEA, headed by Michele Leonhart, a Bush-era appointee, has continued to conduct raids on medical marijuana users and dispensaries that are currently legal in 14 states, including California.
Last month, DEA and FBI agents raided five medical marijuana dispensaries in Nevada. In July, DEA agents raided the home of 65-year-old Mendocino County, California, grower Joy Greenfield whose operation had been inspected prior by local officials. Also in July, DEA agents raided the home of a couple in Michigan who were licensed by the state to use marijuana, as well as three medical marijuana dispensaries in San Diego. In January and February of this year, the DEA raided two medical marijuana research labs in Colorado.
Former head U.S. Attorney of the Northern California division Joseph Russoniello continued to prosecute medical marijuana dispensaries on criminal charges. Russoniello has also said he is disdainful of Prop. 19 and does not believe the measure will pass, during the American Bar Association's annual meeting in San Francisco this past August.
It is unclear if U.S. Attorney Melinda Haag, who is set to replace Russoniello, will follow with a similar practice.
"It is premature to speculate what steps the Department of Justice would take in the event that California purports to legalize a drug that the Controlled Substances Act renders illegal," said Jack Gillund, spokesperson for the US. Attorney's Office of Northern California.
DEA spokesperson Rusty Payne expressed similar hesitancy to identify federal actions that might be taken in the event Prop. 19 passes.
"There is no official agency response as of now," Payne said. "So far, it's all speculation and we're not going to get into that."
Aside from enforcing federal law, Congress could also withhold federal funds from the state in an attempt to pressure California to defer to the federal government. A similar instance occurred in 1988 when South Dakota was denied road and highway funding after failing to raise the legal drinking age from 18 to 21.
However, the feasibility of this course of action is uncertain as an initiative approved by the voters cannot simply be overturned by the governor or the state legislature.
There is also speculation that the Obama administration could bring a federal suit against the state of California for violation of federal law, much in the same way that Obama has done with Arizona against the state's controversial immigration law.
Some legislative policy experts have questioned with how much efficacy the Justice Department could enforce federal law in the face of a state-sanctioned marijuana trade.
Robert Raich, the attorney who represented California's medical cannabis law before the Supreme Court argued that Prop. 19 represents valid state law that cannot be preempted.
"It would be one thing if Prop. 19 required Californians to possess marijuana, but it doesn't," Raich said. "The federal government can enforce federal law with their own federal troops, but it would be a waste of their limited resources."
Raich said that Holder is bowing to political pressure from Prop. 19 opponents including former DEA chiefs and Sen. Diane Feinstein, D-CA.
California State Assemblyman Tom Ammiano, D-San Francisco, suggested that Holder's comments are simply an overcautious effort to avoid association with softening drug laws as the midterm elections loom closer.
"They are not a deal breaker," Ammiano said of Holder's comments. "The states decide state law and there is nothing in the Constitution that would require California to criminalize marijuana. They can challenge it, sure, but it would be futile."
Ammiano, who previously introduced marijuana legalization legislation to the state
Assembly, has recently introduced legislation to implement Prop. 19 in the event that the measure is approved.
The California News Service is a journalism project of the University of California's Washington Center and the UC Berkeley Graduate School of Journalism. Contact the California News Service at [email protected]
STORY ALSO PICKED UP BY
http://cannabisnews.com/news/26/thread26036.shtml
http://www.conspiracyplanet.com/channel.cfm?channelid=50&contentid=7362&page=2
Feds: Marijuana laws will be enforced, state law or not
By Kyle Sporleder and Carl Foster - California News Service
Posted: 10/15/2010 03:53:52 PM PDT
Updated: 10/15/2010 03:54:46 PM PDT
WASHINGTON - U.S. Attorney General Eric Holder says that the federal government will continue to "vigorously enforce'' its marijuana laws even if California's voters approve Proposition 19 which seeks to legalize the drug.
Holder insists the Department of Justice remains committed to enforcing federal laws, under the Controlled Substances Act which bans the use of marijuana among other illicit drugs.
The comments appeared in a letter by Holder addressed to former chiefs of the Drug Enforcement Administration dated Oct. 13. A copy of the letter was obtained by the Associated Press.
"We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law," Holder wrote.
He also said that if voters approve Prop 19 it would be a "significant impediment" to law enforcement efforts targeting drug traffickers and that the measure would "significantly undermine" efforts to keep California communities safe.
Tom Angell, media relations director for the Yes on 19 campaign, derided Holder's statement, saying he believed the letter would actually help supporters of the measure by creating a pushback.
"Holder is an establishment politician trying to maintain the status quo," Angell said. "The voters of California are not going to let Washington D.C. tell them how to vote."
Angell also pointed to a recent letter of endorsement released by a group of 67 law professors in support of Proposition 19, which argued that the initiative was legally sound.
Prop. 19 would make it legal for persons 21 and older to possess up to one ounce of marijuana, to grow it in a private residence and to smoke it in non-public places or licensed public establishments. Recent polls show California voters closely divided over the measure.
Holder's letter is the strongest indication yet that the federal government does not plan to let marijuana be completely free and legal in California even if the ballot measure passes.
However, the federal government's reluctance to elaborate on how it will enforce anti-drug laws creates a muddled picture for what legal marijuana under state law would mean.
There are a number of options federal law enforcement officials could still take with California pot smokers including:
Selectively enforce the federal laws on major drug traffickers.
Withhold federal funds in an attempt to pressure California to conform to federal law.
Preemptively sue the state to block implementation.
This is not the first time California drug law clashed with federal law. The federal response to California's medical marijuana law, approved by voters in 1996, provides insight into steps Washington may take.
Federal raids were common under the Clinton and Bush administration. President Obama signaled a potential shift in policy during his campaign for the Democratic nomination in 2008. Speaking with an Oregon paper, Obama announced that he would not "waste federal resources trying to circumvent state laws."
Yet a month after Obama took office the DEA raided four medical marijuana dispensaries in Los Angeles.
Weeks later Holder reiterated Obama's position, telling reporters that the Justice Department would restrict its enforcement to serious drug traffickers.
A Justice Department memorandum several months later appeared to reinforce Holder's comments. Issued by Deputy Attorney General David Ogden, the memo ordered U.S. attorneys not to target individuals in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."
Apparently ignoring the Obama administration's call for a softer policy on enforcement, the DEA, headed by Michele Leonhart, a Bush-era appointee, has continued to conduct raids on medical marijuana users and dispensaries that are currently legal in 14 states, including California.
Last month, DEA and FBI agents raided five medical marijuana dispensaries in Nevada. In July, DEA agents raided the home of 65-year-old Mendocino County, California, grower Joy Greenfield whose operation had been inspected prior by local officials. Also in July, DEA agents raided the home of a couple in Michigan who were licensed by the state to use marijuana, as well as three medical marijuana dispensaries in San Diego. In January and February of this year, the DEA raided two medical marijuana research labs in Colorado.
Former head U.S. Attorney of the Northern California division Joseph Russoniello continued to prosecute medical marijuana dispensaries on criminal charges. Russoniello has also said he is disdainful of Prop. 19 and does not believe the measure will pass, during the American Bar Association's annual meeting in San Francisco this past August.
It is unclear if U.S. Attorney Melinda Haag, who is set to replace Russoniello, will follow with a similar practice.
"It is premature to speculate what steps the Department of Justice would take in the event that California purports to legalize a drug that the Controlled Substances Act renders illegal," said Jack Gillund, spokesperson for the US. Attorney's Office of Northern California.
DEA spokesperson Rusty Payne expressed similar hesitancy to identify federal actions that might be taken in the event Prop. 19 passes.
"There is no official agency response as of now," Payne said. "So far, it's all speculation and we're not going to get into that."
Aside from enforcing federal law, Congress could also withhold federal funds from the state in an attempt to pressure California to defer to the federal government. A similar instance occurred in 1988 when South Dakota was denied road and highway funding after failing to raise the legal drinking age from 18 to 21.
However, the feasibility of this course of action is uncertain as an initiative approved by the voters cannot simply be overturned by the governor or the state legislature.
There is also speculation that the Obama administration could bring a federal suit against the state of California for violation of federal law, much in the same way that Obama has done with Arizona against the state's controversial immigration law.
Some legislative policy experts have questioned with how much efficacy the Justice Department could enforce federal law in the face of a state-sanctioned marijuana trade.
Robert Raich, the attorney who represented California's medical cannabis law before the Supreme Court argued that Prop. 19 represents valid state law that cannot be preempted.
"It would be one thing if Prop. 19 required Californians to possess marijuana, but it doesn't," Raich said. "The federal government can enforce federal law with their own federal troops, but it would be a waste of their limited resources."
Raich said that Holder is bowing to political pressure from Prop. 19 opponents including former DEA chiefs and Sen. Diane Feinstein, D-CA.
California State Assemblyman Tom Ammiano, D-San Francisco, suggested that Holder's comments are simply an overcautious effort to avoid association with softening drug laws as the midterm elections loom closer.
"They are not a deal breaker," Ammiano said of Holder's comments. "The states decide state law and there is nothing in the Constitution that would require California to criminalize marijuana. They can challenge it, sure, but it would be futile."
Ammiano, who previously introduced marijuana legalization legislation to the state
Assembly, has recently introduced legislation to implement Prop. 19 in the event that the measure is approved.
The California News Service is a journalism project of the University of California's Washington Center and the UC Berkeley Graduate School of Journalism. Contact the California News Service at [email protected]
STORY ALSO PICKED UP BY
http://cannabisnews.com/news/26/thread26036.shtml
http://www.conspiracyplanet.com/channel.cfm?channelid=50&contentid=7362&page=2