Feds Throw Weight Around On Washington’s Medical Marijuana Bill

The feds are throwing their weight around again when it comes to Washington state’s medical marijuana law. A proposal to rewrite the state’s medicinal cannabis rules attracted federal attention after Governor Christine Gregoire asked for “clear guidance” about the U.S. Department of Justice’s position on state-licensed medical marijuana dispensaries, which would be legalized under the new rules.

Gov. Gregoire, who sent the letter to U.S. Attorney General Eric Holder on Wednesday, claims she “became concerned” about a “potential federal crackdown” after speaking with the U.S. attorneys for Eastern and Western Washington, Michael Ormsby and Jenny Durkan, reports Jonathan Martin at the Seattle Times.

The prosecutors claim they are concerned that the proposed legislation “would legalize commercial sales of marijuana,” according to state Sen. Jeanne Kohl-Welles, the bill’s prime sponsor.

Photo: Seattle Weekly

U.S. Attorney Michael C. Ormsby likes to run his mouth and throw his weight around.

U.S. attorneys Ormsby, who already started threatening Spokane dispensaries last week, and Durkan noted that the U.S. attorney for Northern California was threatening to prosecute operators of a proposed commercial grow farm in Oakland, even though the farm was licensed by that city and legal under state law, Gov. Gregoire said in her letter to the Attorney General.

The bill in question, SB 5073, would create new state licenses for dispensaries, grow farms and cannabis food processors. State licensing of dispensaries is already in place or is currently being implemented in states like Colorado, Maine, New Jersey and New Mexico, as well as in the District of Columbia.

Gregoire’s letter seeks federal input before considering whether to sign the bill. Some political observers of a cynical bent believe the governor may simply be seeking political cover for a spineless veto of all or portions of the bill.

“The governor wants to make sure that if a law goes forward, it’s done in a way that won’t set up Washington state for an endless battle of court cases,” claimed her spokesman, Scott Whiteaker.

Photo: News Junkie Post

Sen. Jeanne Kohl-Welles: “Why should our state be treated any differently than other states?”

​ But Sen. Kohl-Welles said she was mystified why the Department of Justice would treat legalized dispensaries in Washington any differently from six other states and D.C., which all currently license and regulate dispensaries.

“Why should our state be treated any differently than other states?” Kohl-Welles rightly asked.

Ormsby, the headline-seeking hot dog of a U.S. attorney in Spokane, last week threatened in a news release to seize property where dispensaries were operating. An estimated 40 dispensaries do business in Spokane.

Ormsby warned that “marijuana stores” are illegal, and threatened property owners who rent to them with forfeiture of their buildings if they refused to evict the dispensaries.

“We are preparing for quick and direct action against the operators of the stores,” Rambo, I mean Ormsby, wrote.

At least 120 dispensaries are operating statewide in Washington, with marked differences in enforcement from county to county. The shops are using a gray area of the voter-approved 1998 medical marijuana law, which neither expressly allows nor prohibits the dispensaries.

Marijuana remains illegal under federal law as a Schedule I substance, but the U.S. Department of Justice has taken a mostly hands-off approach to patients and providers in states where medicinal cannabis is legal since an October 2009 memo issued shortly after Attorney General Holder took over.

That memo famously said that patients and providers in “clear and unambiguous compliance” with state laws were not a priority of federal law enforcement, but a trickle of federal raids has continued to take place, including multiple raids in the past month in Montana and California.

However, the DEA has to our knowledge, so far at least, never raided any state-licensed medical marijuana growers or dispensaries in states like New Mexico and Maine, which explicitly allow and license the facilities through their state health departments.

http://www.tokeofthetown.com/2011/04/feds_throw_weight_around_on_washingtons_med_mariju.php

Albuquerque man, 74, arrested for smuggling pot

U.S. Customs and Border Protection officers arrested a 74-year-old Albuquerque man they say attempted to smuggle 172 pounds of marijuana across the El Paso port of entry.

The seizure was made Saturday at approximately 12:34 p.m. at the Bridge of the Americas international crossing when a 1989 Chevrolet Scottsdale 1500 pick-up was selected for inspection and CBP drug sniffing dog “Frankie” alerted to the gas tank of the vehicle.

CBP officers discovered two large compressed bales concealed in metal containers in the gas tank. The contents of the bales tested positive for marijuana.

CBP officers at the port arrested the driver, Alex Garcia of Albuquerque. He was turned over to Homeland Security Investigations (HSI) special agents to face federal charges including importation of a controlled substance and possession with intent to distribute a controlled substance.

He is currently detained without bond at the El Paso County Jail.

States That Allow Medical Marijuana in 2011.

With the new year comes new laws, including those that apply to medical marijuana in the United States. With the rapidly changing social and political landscape more and more states are passing pro-marijuana legislation.

States that approved of marijuana friendly ballot initiatives (orange on the map), but who may not have officially approved marijuana for medical use include Arizona (Prop 203), Vermont (Governor Shumlin helped pass existing MMJ laws), Connecticut (Governor Malloy supports decriminalizing pot), and Massachusetts (all 9 jurisdictions in which the question was asked support taxing and regulating marijuana like cigarettes and alcohol).

On the other side of the table, states failing to move forward in support of marijuana law reform (in gray on the map) include South Dakota, which failed to pass Measure 13, allowing medical marijuana in the state. Similarly, Oregon did not expand their existing laws with lack of support for Measure 74. New Mexico elected a stated anti-marijuana advocate to to post of governor, and in California Proposition 19 did not pass, preventing the legalization of pot in the state.

States that do allow medical marijuana are listed below, and are shown in beige on the map.

As always it is important to remember that marijuana remains illegal federally, and if you use medical marijuana in your state, it is best to consult an attorney who is familiar with the most up to date legal standings. Below you can find the current states that allow medical use of cannabis and what the current law permits.

• Alaska – Nov 3, 1998.
  

  Initiative 8 passed with 58% of the vote and took effect Mar 4, 1999.

  Allows 1 oz usable; 6 plants (3 mature, 3 immature)

  Approved for: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea.

• Arizona – Nov 2, 2010.
  

  Proposition 203 passed, just barely, with 50.15% of the vote.

  Allows 2.5 oz usable; 0-12 plants

  Approved for: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Alzheimer’s disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, severe or persistent muscle spasms.

• California – Nov 5, 1996.
  

  Proposition 215 was the first in the country to allow medical marijuana and took effect Nov 6, 1996. SB1449 was signed into law by Governor Schwarzenegger in October and took effect Jan 1, 2011 decriminalizing possession of less than 1 ounce of marijuana. Proposition 19 failed to pass, and would have legalized marijuana for personal use.

  The current law allows: 8 oz usable; 18 plants (6 mature, 12 immature).

  Approved for: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.

• Colorado – Nov 7, 2000.
  

  Ballot Amendment 20 garnered 54% support, and took effect Jun 1, 2001.

  Allows 2 oz usable; 6 plants (3 mature, 3 immature).

  Approved for: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, or persistent muscle spasms.

• Hawaii – Jun 14, 2000.
  

  Senate Bill 862 passed the House 32-18, and more narrowly in the Senate 13-12. It took effect Dec 28, 2000.

  Allows 3 oz usable; 7 plants (3 mature, 4 immature).

  Approved for: Cancer, glaucoma, HIV/AIDS, conditions producing cachexia or wasting syndrome, severe pain, severe nausea, seizures, or severe and persistent muscle spasms (multiple sclerosis & Crohn’s disease.)

• Maine – Nov 2, 1999.
  

  Ballot Question 2 legalized medical marijuana, taking effect Dec 22, 1999.

  Allows 2.5 oz usable; 6 plants.

  Approved for: cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.

• Maryland – 2003.
  

  While technically illegal, the Medical Marijuana Affirmative Defense Law has been in place since 2003. Medical marijuana is considered a mitigating factor in state trials, and the maximum penalty for medical use is a $100 fine.

• Michigan – Nov 4, 2008.
  

  Proposal 1 passed with 63% of the vote and took effect Dec 1, 2008.

  Allows 2.5 oz usable; 12 plants.

  Approved for: “debilitating medical conditions” – cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, and multiple sclerosis.

• Montana – Nov 2, 2004.
  

  Initiative 148 legalized medical marijuana with 65% approval and took effect that day.

  Allows for 1 oz useable and 6 plants.

  Approved for: Cancer, glaucoma, HIV/AIDS, conditions which produce cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, (multiple sclerosis or Chrohn’s disease)

• Nevada – Nov 7, 2000.
  

  Ballot Question 9/Assembly Bill 453 legalizing medical marijuana passed with 65% of the vote, and took effect Oct 1, 2001.

  Allows 1 oz usable; 7 plants (3 mature, 4 immature).

  Approved for: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain

• New Jersey - Jan 18, 2010.
  

  The New Jersey Compassionate Use Medical Marijuana Act took effect Oct 1, 2010.

  Allows 2 oz usable.

  Approved for: Seizures, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig’s Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease. Maybe prescribed for any condition which leaves the patient less than one year to live.

• New Mexico - Apr 2, 2007.
  

  Senate Bill 523 took effect on Jul 1, 2007.

  Allows 6 oz usable; 16 plants (4 mature, 12 immature).

  Approved for: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn’s disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig’s disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.

• Oregon – Nov 3, 1998.
  

  Measure 67 legalized medical marijuana and passed with 55% of the vote and took effect Dec 3, 1998. Measure 74 would have expanded the scope of the existing laws, but failed to pass.

  Current law allows: 24 oz usable; 24 plants (6 mature, 18 immature).

  Approved for: cancer, glaucoma, positive status for HIV/AIDS. Any medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures (epilepsy), or persistent muscle spasms (multiple sclerosis)

• Rhode Island – Jan 3, 2006.
  

  The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act passed the state House (52-10) and Senate (33-1) with a super majority, enough to override the governor’s veto. Another super majority vote (House 51-12, Senate 28-5) gave the amendment permanent status as state law Jul 21, 2007.

  Allows 2.5 oz usable; 12 plants.

  Approved for: cancer, glaucoma, HIV/AIDS, Hepatitis C, any ailment that produces cachexia or wasting syndrome, chronic pain, severe nausea, seizures (epilepsy), or severe and persistent muscle spasms

• Vermont – May 26, 2004.
  

  Senate Bill 76 (passed 22-7) and House Bill 645 (passed 82-59) went into effect Jul 1, 2004.

  Allows 2 oz usable; 9 plants (2 mature, 7 immature).

  Approved for: Cancer, AIDS, HIV, multiple sclerosis, or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent.

• Washington – Nov 3, 1998.
  

  Measure 692 legalized medical marijuana passed with 59% of the vote and took effect immediately.

  Allows 24 oz usable; 15 plants.

  Approved for: Cachexia, cancer, HIV/AIDS, epilepsy, glaucoma, intractable pain, and multiple sclerosis.

• Washington, DC – 1998.
  

  Medical marijuana was first passed in the federal district in 1998 with a record high vote of a approval coming in at 69%, however funding for the program was blocked by an act of Congress. A new measure was passed in May, 2010 and with the Democratically controlled Congress failing to intervene within 30 days, plans for 8 approved dispensaries are now in progress.

  Allows for 2 oz useable, other forms TBD.

  Approved for: HIV, AIDS, glaucoma, multiple sclerosis, cancer, other chronic conditions, or medical conditions for which the use of medical marijuana is beneficial (chemotherapy)