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Real THC Caps:  For Profits are illegal under federal law

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  • Ogden 2009 and Cole 2010 DOJ memos on medical pot
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  • Oaksterdam University Raid
  • RS May 10, 2012 issue: (See page 2)

    In 2008 DOJ prosecutors, asked the DOJ for advise on what is a legal/illegal medical pot dispensary. In 2009, DOJ, Deputy Attorney General, David Ogden, responded by issuing a memo that states that DOJ "prosecutors should not focus investigative resources on patients who have cancer or are seriously ill and their 'caregivers' if they are complying with state medical marijuana laws."

    The 2009 memo continues, but "on the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the DOJ."

    In 2010 Ogden's sucessor James Cole, clarified Ogden's 2009 memo saying it was "never intended to to shield" all people who "knowingly facilitate" violations of the Controplled Substances Act.

    Cole also noted in his memo that since the 2009 Ogden memo, several states considered or enacted laws authorizing multiple large-scale, privately operated industrial marijuana cultivation centers, (which) are in violation of federal drug law" and hence are illegal under federal law.

    Cole also clarified what the term "caregiver" means in the 2009 memo:

    "The term "caregiver" as used in the 2009 memorandum meant just that: individuals providing care to individuals with cancer or other serious illnesses, not commercial operations cultivating, selling or distributing marijuana."

    Hence, these memos clearly show that commerical medical marijuana for profit were never to be shielded from federal prosecution by the DOJ.

    In a interview with Rolling Stone Magazine on medical pot President Obama said in the RS May 10, 2012 issue: (See page 2)

    Rolling Stone:

    Let me ask you about the War on Drugs. You vowed in 2008, when you were running for election, that you would not "use Justice Department resources to try and circumvent state laws about medical marijuana." Yet we just ran a story that shows your administration is launching more raids on medical pot than the Bush administration did. What's up with that?

    Ptesident Obama:

    Here's what's up: What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana and the reason is, because it's against federal law. I can't nullify congressional law. I can't ask the Justice Department to say, "Ignore completely a federal law that's on the books." What I can say is, "Use your prosecutorial discretion and properly prioritize your resources to go after things that are really doing folks damage." As a consequence, there haven't been prosecutions of users of marijuana for medical purposes.

    The only tension that's come up and this gets hyped up a lot is a murky area where you have large-scale, commercial operations that may supply medical marijuana users, but in some cases may also be supplying recreational users. In that situation, we put the Justice Department in a very difficult place if we're telling them, "This is supposed to be against the law, but we want you to turn the other way." That's not something we're going to do. I do think it's important and useful to have a broader debate about our drug laws. One of the things we've done over the past three years was to make a sensible change when it came to the disparity in sentencing between crack cocaine and powder cocaine. We've had a discussion about how to focus on treatment, taking a public-health approach to drugs and lessening the overwhelming emphasis on criminal laws as a tool to deal with this issue. I think that's an appropriate debate that we should have. -------------------------------------------------- Barbara Walters interview Dec 14, 2012

    Barbara Walters:

    Do you think that marijuana should be legalized?

    President Obama:

    Well, I wouldn’t go that far. But what I think is that, at this point, Washington and Colorado, you’ve seen the voters speak on this issue. And as it is, the federal government has a lot to do when it comes to criminal prosecutions. It does not make sense from a prioritization point of view for us to focus on recreational drug users in a state that has already said that under state law that’s legal.

    ...this is a tough problem because Congress has not yet changed the law. I head up the executive branch; we’re supposed to be carrying out laws. And so what we’re going to need to have is a conversation about how do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it’s legal.

    When you’re talking about drug kingpins, folks involved with violence, people are who are peddling hard drugs to our kids in our neighborhoods that are devastated, there is no doubt that we need to go after those folks hard it makes sense for us to look at how we can make sure that our kids are discouraged from using drugs and engaging in substance abuse generally. There is more work we can do on the public health side and the treatment side.

    However, there is a solution to Obama's dilema:

    Obama said: "This is supposed to be against the law, but we want you (DOJ) to turn the other way. That's not something we're going to do."

    If Obama were to make medical pot a Schedule 2 DEA drug it would not be against the law because it would be a legal medical drug which could legally be sold in drug stores as other legal drugs are.

    If marijuana were abused by caregivers or users they could then be prosecuted for abuse of a drug. This would also include the the doctors that proscribe them. As are all legal drugs are subject too today if they are found to be abused. Legal penalties are already on the book for abusing legal drugs. For example, recently Dr, Conrad Murray, Michael Jackson's doctor got 4 years in prison for killing Michael with propofol.

    If my pharmacy suspects that I am abusing my meds, then they refuse to sell it to me and reort me to my Dr. In some states my name is even put on a "do not sell list" to other drug stores. Whereas, dispensaries claim their prices have to be high to discourage reselling. This is bullshit. All the dispensaries have to do is do what the drug stores due to abusers.