In a move that will likely increase President Obama's favorable rating even here in conservative Orange County, Attorney General Eric Holder ordered federal drug agents to stop prosecuting cases involving medical marijuana users and providers who obey state laws legalizing the drug for medical purposes. In other words, if you've got a doctor's license and a state medical marijuana ID card, you're not going to get fucked with by the feds.
It's about time: California voters overwhelmingly voted to pass Proposition 215, legalizing marijuana for medical purposes back in November 1996, but both the Democratic administration of Bill Clinton and the Republican usurpation of George Bush refused to acknowledge the new law. (Local cops also refused to acknowledge it, especially here in OC, where the first patients and caregivers to try to establish cannabis collectives, as spelled out in Prop 215, were set up on bogus drug charges and thrown in prison.
Now, thanks to a series of court cases ordering police to return confiscated cannabis, as well as legislation ordering counties to create ID programs for legitimate pot smokers, local law enforcement authorities have no choice but to obey the law. And the feds? Well, let's just say Obama and his handpicked attorney general apparently believe the DEA has bigger fish to fry, according to an AP story today.
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“It will not be a priority to use federal
resources to prosecute patients with serious illnesses or their
caregivers who are complying with state laws on medical marijuana, but
we will not tolerate drug traffickers who hide behind claims of
compliance with state law to mask activities that are clearly illegal,”
Attorney General Eric Holder said in a statement.”
Although
this is clearly the most sane executive order that has probably ever
been issued in the never-ending, so-called war on drugs, a final
disclaimer might be merited. The words “complying with state law' are
pretty vague, thanks mainly to the fact that state law is pretty
muddled about what's legal and what's not.
According to one
cannabis co-op founder who asked not to be identified, state law is
very clear about cooperatives having to grow their own plants. If
you're based in OC, therefore, you can't import your seeds or buds
from, say, Michoacan, Maui, or Humboldt. Also, state law only applies
to dry marijuana, not hash cookies, marijuana shakes or concentrated
THC oil, so theoretically, the feds could go on an anti-space cake
rampage.
That said, however, today is definitely a huge
victory for medical marijuana proponents, and is likely to lead to a
huge increase in the number of hard working folks who suddenly realize
they've got a serious case of tennis elbow and desperately need to get
to a doctor.
Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).