ACLU Asks Federal Judge To Throw Out Arizona Governor’s Medical Marijuana Lawsuit

The American Civil Liberties Union today asked a federal judge to throw out a lawsuit filed in May by Arizona Gov. Jan Brewer that seeks to have her state’s medical marijuana law struck down.

In a motion filed today in the U.S. District Court for the District of Arizona, the ACLU charges that the lawsuit should be dismissed because, among other reasons, there has been no threat that state employees charged with carrying out the state’s law would be prosecuted by federal authorities.

“On the pretext of protecting her state employees, Gov. Brewer is simply seeking to thwart the will of Arizona’s voters and unconscionably block sick people from accessing their vital medicine,” said Scott Michelman, staff attorney with the ACLU Criminal Law Reform Project. “People should have the freedom to choose the medicine their doctors believe will be most effective for them.”

In May, Brewer filed a lawsuit against the Department of Justice, U.S. Attorney General Eric Holder, U.S. Attorney Dennis Burke and potential dispensary applicants seeking a ruling from a federal court that the law is preempted by federal law and should be struck down. The ACLU, along with the Phoenix law firm Gammage & Burnham, represents the Arizona Medical Marijuana Association (AzMMA), a non-profit, membership-based professional association that seeks to advance the interests of Arizona’s medical marijuana profession and the patients it serves, and that is a named defendant in Brewer’s lawsuit.

Brewer’s lawsuit claims that Arizona officials fear federal prosecution for implementing the law, even though Burke said in the days leading up to Brewer filing the lawsuit that the federal government has “no intention of targeting or going after people who are implementing or who are in compliance with state law.”

Brewer’s lawsuit also claims that Arizona’s medical marijuana law is in conflict with the federal Controlled Substances Act. But three appellate court decisions in California have previously rejected claims that California’s medical marijuana law is preempted by federal law. And the Oregon Supreme Court in May backed away from its previous ruling that a part of Oregon’s medical marijuana law is preempted by federal law.

A majority of Arizona voters in 2010 passed Proposition 203, which allows terminally and seriously ill patients in Arizona who find relief from marijuana to use it with a doctor’s recommendation. The law allows marijuana to be distributed by tightly regulated clinics to patients with state-issued registry cards and creates penalties for false statements and fraudulent cards.

“Gov. Brewer’s efforts to derail Prop 203 are bad for patients and bad for public safety,” said Alessandra Soler Meetze, executive director of the ACLU of Arizona. “This law received broad public support because it was thoughtfully written to give patients access to vital medicine, while at the same time creating a well-regulated system of distribution. By preventing state health officials from doing their jobs, Brewer is actually doing more harm than good and creating chaos in a system sanctioned by Arizona voters.”

Along with Michelman, attorneys on the case are Daniel J. Pochoda of the ACLU of Arizona, Lisa T. Hauser and Cameron C. Artigue of Gammage & Burnham, Flagstaff, Ariz. attorney Thomas W. Deene, who represents the Arizona Association of Dispensary Professionals, Inc. and attorneys from the Scottsdale, Ariz.-based Rose Law Group PC, who represent the remainder of the named non-federal defendants in Brewer’s lawsuit.

A copy of today’s motion is available online at: download

Arizona v. U.S. – Motion to Dismiss

Federal DOJ Memo Sends A Chilling Message To Medical Marijuana Programs

DOJ memo sends a chilling message

By: Don Duncan, Americans for Safe Access

In a move that impacts hundreds of thousands of medical cannabis patients nationwide, the US Department of Justice (DOJ) sent a chilling message tonight to state and local officials who are seeking to implement medical cannabis laws and to those trying to provide legal medicine: You may be prosecuted.  In a memo to US Attorneys nationwide, US Deputy Attorney General James Cole said that

“Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities… are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law… Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws”.

Americans for Safe Access (ASA) is calling on members and supporters to get ready for a large-scale national response to the DOJ threats that could stymie implementation of state and local laws and make getting medicine harder. We have to let President Obama know that federal interference and intimidation hurts patients – and we expect him to do better!

Preventing state and local governments from regulating medical cannabis activity is counterproductive and harmful to legal patients, most of whom cannot or will not grow their own medicine. Without anywhere to obtain their doctor-approved medicine, hundreds of thousands of legal patients are left to fend for themselves and are pushed into the unregulated illicit market. That is not what voters and lawmakers intended when they adopted medical cannabis laws in seventeen states and the District of Columbia.

The threat of using money laundering and other federal financial crimes is particularly onerous in the current political landscape. Under pressured federal pressure, many banks are denying services to medical cannabis providers; and the IRS is auditing providers in California and Colorado using antiquated codes designed to penalize drug cartels. Fanning these flames only makes meaningful regulation harder. Why not let legislation sponsored by US Representatives Jared Polis (D-CO) and Pete Stark (D-CA) address these issues without intimidating lawmakers, regulators, tax collectors, providers, and others?

This long-awaited clarification from the DOJ upholds the recent status quo of aggressive enforcement against state and local medical cannabis laws, in direct contradiction to Obama’s comment on the campaign trail that he was “not going to be using Justice Department resources to try to circumvent state laws.” Until states and localities have the ability to adopt and enforce their own laws regarding the production and distribution of medical cannabis, federal interference and intimidation will continue to undermine the rights of the very patients the DOJ purports to recognize.

We can do better than the same old federal posture. President Obama should end the criminal prosecution of medical cannabis providers who are obeying state law and cooperate with state and local officials trying to implement rational, compassionate policies. A good first step would be to respond to the nine-year old rescheduling petition that seeks to remove medical cannabis from Schedule I of the Controlled Substances Act. The President could also support legislative efforts to harmonize federal law with the laws of the states where medical cannabis is legal. Support for US Representative Barney Frank’s (D-MA) HR 1983 would go a long way towards bridging the federal divide and reassuring state and local officials that it is OK to implement the law. It may also help persuade legal patients and providers that it is OK to obey it.

U.S. Attorney General, Eric Holder, Expected to Make Medical Marijuana Annoucement Any Day!

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Don’t let U.S. Attorney General Eric Holder deny your access to medical marijuana!

Holder is expected to “clarify” the federal government’s enforcement policy on medical marijuana.any day now. Call Holder’s office today at 202-514-2001 to demand that the Justice Department leave state medical marijuana programs alone.

Attorney General Holder—

Most medical cannabis patients rely on local distribution centers for safe and legal access to their medicine.  Unfortunately, recent federal actions have cut off this access, leaving many without the medication they need.  Please don’t let the Justice Department continue to interfere in the development and implementation of state and local medical marijuana laws. President Obama’s pledge of not using Justice Department resources to undermine state medical marijuana laws must be upheld. Please issue a policy that will protect both patients and the distribution centers on which they rely.

Thank you.

Thank you for taking a minute to fight for safe access.

From Americans For Safe Access

-Americans for Safe Access is the nations largest member based medical cannabis organization.  We rely on charitable donations to fuel the fight for safe access. To donate to the movement, click here.

Reps. Frank, Polis to DOJ; Leave Medical Marijuana To States!

Photo: Just Out

According to Reps. Jared Polis (left) and Barney Frank, the Obama Administration should lay off medical marijuana patients and providers in states where medicinal cannabis is legal.

​Two Democratic Congressmen want to know exactly where the federal government stands on medical cannabis. Reps. Barney Frank (D-Mass.) and Jared Polis (D-Colo.) are urging the Obama Administration this week to repeat earlier vows to leave the enforcement of medical marijuana laws up to the states.

The Congressmen want Attorney General Eric Holder to renew his commitment to a 2009 Department of Justice (DOJ) memorandum — known as the Ogden Memo — which said the agency wouldn’t target medical marijuana patients and providers who are in compliance with their state laws, reports Mike Lillis at The Hill.

“Recent actions by United States Attorneys across the country have prompted states to deny patients safe and reliable access to their medicine,” Frank and Polis wrote in a June 20 letter to Holder.

The letter was a result of the lawmakers’ concerns that recent communications from the DOJ and from state and local attorneys indicate the agency is backtracking on the Ogden Memo in the face of conservative criticism that the Obama Administration has somehow been “too lenient” in the “War On Drugs” by allowing sick people to use the medicine recommended by their doctors.

For instance, in a February letter to the city attorney of Oakland, California, the DOJ vowed it “will enforce the [Controlled Substances Act] vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.”

Letters from U.S. Attorneys have already resulted in several states killing of delaying implementation of medical marijuana laws

One such letter resulted in the governor of Washington almost entirely vetoing a bill which would have legalized marijuana dispensaries in that state, leaving many patients without safe access. Meanwhile, states including Arizona and Rhode Island reacted to threatening letters from their U.S. Attorneys be delaying implementation of state-licensed medical cannabis dispensaries.

There are two primary reasons why the DOJ should leave the medical marijuana issue to states, according to Frank and Polis: First, the agency has limited resources, which they argue should go toward prosecuting more serious crimes (the same argument the DOJ offered in the Ogden Memo); and second, targeting the medical marijuana industry “harms the people whose major goal is to seek relief from pain wholly caused by illness.”

“There are now hundreds of thousands of medical marijuana patients in states where the medication is legal,” Frank and Polis wrote. “These patients will either purchase medical marijuana safely at state-regulated entities or seek it through unregulated channels: in the criminal market or by growing it themselves.”

Earlier this month, Holder announced that he’ll “soon” be “clarifying” the federal agency’s position on medical marijuana.

11 Things Holder Could Say About Pot That Would Make Me Happy

Photo: The Troubled Patriot

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By Jack Rikess

Toke of the Town

Northern California Correspondent

U.S. Attorney General Eric Holder announced that he will “work with states” to clarify the Department of Justice’s position on medical marijuana. This is what I’d like him to say…

11. Marijuana is no longer a Schedule I drug.

The Good News: Marijuana will finally be reclassified as having medical value.

Bad News: Big Pharma doesn’t like to share…

​10. Everyone can grow!

For states that have Medical Marijuana, patients will be allowed to grow six plants each. Why not?

Most everyone is doing it already. That way, the Man (and Woman) can’t control our stash.

9. Arizona, you have medical marijuana, get over it!

It would be great if the highest attorney in the land, Eric Holder reaffirmed that if the highest voters passed medical marijuana, they have spoken. This goes for any state that doesn’t like democracy and the right of voters.

I’m also looking at you, Big Sky.

8. We’re only busting deals over 50 pounds.

Until legalization happens, commerce shall continue. Fifty elbows can be divvied up pretty quick, especially if it’s the amazing Purps or some of that Solar Diesel making the rounds.

I think 50 pounds and under is a fair amount that one should be able to travel with for commercial purposes, within state lines of course.

​7. There won’t be any lists of medical marijuana patients or growers recorded anywhere.

Doctors don’t give the State or the Feds lists of their patients who are on Viagra or Ritalin, (and who wouldn’t want to know who gets a little sketchy if they’re not on their meds?)

Why should they give the medi-jane patients up? In the Time of Grey Markets, we’ll come out, but don’t make us tell you where we live.

6. States need to get their acts together.

There are 58 counties and a whole lot of unincorporated towns (think Deadwood) in California. Unless two adjoining counties have the same laws, ordinances and restrictions, you’re going to have graft, corruption and more of the same.

We need consistent and common-sense regulations within the states, left up to each state what that would be, but for the love of all that is sane, let’s have cultivation, commerce and transportation laws that make sense and work.

5. Amsterdam is over.

The Dutch no longer want the sounds of the Grateful Dead gracing their canals. For some crazy reason (actually, the Flemish blew it for everyone) foreigners will not be allowed entry into the hash bars without a visitor’s permit.

This is the United States’ chance for a big toe into the lucrative world of the ganja-turistas. For Las Vegas whose fountains suck the blood of a vanishing economy everyday and then spit it out in a multicolor symmetry five times a day to a couple of tourists dressed in cut-offs, and other destination cities that are having hard times. Here’s your chance!

It’s time for these sinkholes to reinvest in the American Dream and open our own hash bars. Once Las Vegas discovers marijuana, munchies, and cotton-mouth, food and beverage directors everywhere will have a new lease on life. This model could be replicated everywhere.

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​4. If you’re in jail because of cannabis, pack your bags…

It is just time to stop. As correctional officials nationally figure out ways to release the least violent and aggressive inmates into our society. Why are non-violent, first-time marijuana offenders going to prison at all?

Because somebody says it is illegal.

3. Users are immune from federal prosecution. 

From this point on, it will be left up to the state you’re in for the rules and regulations governing marijuana. One of the reasons it is easy to get a job in Oklahoma City is because people are leaving there because of draconian weed laws. You took a chance on gambling and casinos, alcohol and guns.

Trust me, after all of that, you’re going to love marijuana. We’re a lot less hard to handle.

​2. Movies are better when you’re stoned.

I don’t know, I just think it would be cool if the Attorney General of the United States came out and said, “You know, I saw Ghostbusters straight the first time, then I saw it high.

“Man, it’s a lot funnier when you’re baked. I’ll take your questions now if you have any.”

1. I am sorry.

These last few weeks have been very tense for many of us in the medical marijuana movement. Dispensaries have been threatened with closures. Banks that do business with the cannabis industry have been told to open their drawers. Proposition 19 in 2010 had a pretty good chance of passing until Eric Holder came out the week before the vote and said, “no matter what happens with the vote, the Feds will still bust pot smokers.”

In fact, Eric Holder and then candidate Obama pledged to back off medical marijuana patients and make marijuana a low priority in terms of prosecution. At a time when Big Pharma seems to be making strides and advancements, patients and medical marijuana doctors are being deterred, harassed and even jailed.

Some days it is like a bad game of ganja musical chairs. We’re never sure where to sit.

It would be nice to hear someone say, “Sorry for the inconvenience. We hear you. We won’t smile nor smirk when asked if marijuana has medicinal value. We will take medical marijuana patients and their input seriously, realizing that they’ve been the only true governing body that has driven the medical marijuana movement since it started.

“I am sorry.”