US attorney says Maine’s medical marijuana law violates federal statute

Source: BDN

AUGUSTA, Maine — Maine’s top federal prosecutor says the state’s medical marijuana law violates federal law and the Justice Department reserves the right to prosecute people in Maine who distribute the substance, even if they have state approval.

U.S. Attorney Thomas Delahanty sent the Legislature’s Health and Human Services Committee a letter on the subject Monday in response to a request from the committee, which is considering a proposal to make it optional for medical marijuana patients to register with the state.

But Republican Rep. Deborah Sanderson of Chelsea tells the Portland Press Herald Delahanty’s opinion will not change the committee’s stance on the proposal being considered.

U.S. attorneys in numerous other states, including Vermont and Rhode Island, have issued similar letters recently.


Read more: http://new.bangordailynews.com/2011/05/19/health/maine-us-attorney-says-pot-law-violates-fed-law/

Even if it's chin deep in septic tank..

I presume the Obama administration has gone uber-aggressive on enforcing pot laws because they think it's a good wedge issue to help them reach out to right-wing voters.

I personally question whether the number of right-wing votes attracted by Obama's surprising adherence to the failed "war on drugs" will exceed the number of pot-smoking Obama voters who are demoralized by his unexpected fervor for jailing them.

service appointees? I wonder how much control Obama actually has over his DoJ.

Of course, he should find a way to GET more control, if that is in fact what the problem is. Or else he should go on record as not wanting those cases prosecuted.

I am not trying to defend his DoJ, if, in fact, Obama and Holder are all in favor of this dumb-ass drug war approach to medical marijuana; but if he is actually not driving the prosecutions, he needs to indicate, publicly and forcefully, that he doesn't want them pursued. (He has the bully pulpit, so he should use it more often to promote progressive values and policies.)

Tens of thousands of voters who would have supported a generic Democrat against Scott Brown just stayed home rather than come out to vote for her after she led the opposition to the state's Marijuana decriminalization referendum.

Being the political junkie that I am I managed to hold my nose tightly enough to go out and vote against the greater evil, but I know of many others who, being left with "nowhere else to go", just didn't go anywhere and stayed home.

Thinking you can reach out to RW'ers.

His #2 mistake:
Throwing the people who voted for him under the bus.

What happens solely inside a states border is 100% under the control of that state. If a state legalizes a substance and it is locally grown, then the feds have no right to interfer in that transaction. It is time to state letting adults make their own decisions, and to stop being a big brother.

Gonzales v. Raich (2005). The court ruled that the federal government could enforce MJ laws within states. Unfortunate ruling.

over 20% of the country has approved of MMJ (with more on the way)......are they really going to fight 20% + of the country on this?

And I am rather confused on this......all any body would have to do is sit out side a dispensary and pic people off as they exit, yet they don't. They know who and where the dispensaries are. If they wanted them so badly why are they so hap-hazard in how they are going at it? They all have some signage in front of their businesses, so what is driving these raids? How are they determining who to bust? 'we'll bust this guy but leave the guy next door to him in alone'...Really? There is something more than a little fishy here. It almost looks like they are busting the independent businesses and leaving the more established (approaching franchise status) businesses alone......hmmmmm I wonder.....

Plus, my dispensary has been told if the feds show up, call the local cops for protection. So, if the locals show up and the feds are there, will the local LEOs roadblock them? They are legal according to state/city statutes. I know that the fed trumps state, but given the current climate between state and fed law enforcement, would they impede the feds and 'serve and protect' a legal state regulated business?

The busts I've seen so far:
1. Dealer selling "testing" services across state lines.
2. Dealer running business at excessive personal profit, under the table, in a non-profit dispensary state.
3. Dealer accepting fake "prescriptions", no questions asked.
4. Dealer run by felon in a state where it's illegal to do so (straw owners).
5. Dealer selling illegal product (MDMA) in the back.
6. Dealer without all required licenses.
7. Dealer with minor employees.
8. Dealer with fake "patients" to circumvent maximum purchase amounts.
(etc.)

I can't think of a bust that didn't involve more than just being a dispensary, there was usually something additional going on, something that warranted additional attention.

"It almost looks like they are busting the independent businesses and leaving the more established (approaching franchise status) businesses alone."

It's in the larger operations business interests to report on any irregularities in their competitors operations, much like restaurants reporting on competitor health code violations, so that may be part of it, as well. Additionally, the larger business are more likely to have all their licenses and papers in order (or they too will be busted).

the law. Had all his paperwork in order/current. He had half a pound over the limit when he was arrested/raided.....and the only reason he was over the limit is because not all of his patients had been by yet to pick up their allotment (including me). They have yet to actually charge him with anything......almost 6 months now. They confiscated all his records (which he needs to defend himself), they are demanding he prove his income isn't pot related yet they took all his tax records (soft and hard copies).

something just seems more than a little fishy here. IMO

Uhm. There you go?

"demanding he prove his income isn't pot related"... I take it this is in a "growers must be non-profit" state?

As far as getting tax records, I've been down that rabbit hole, it's basically a matter of hiring an accountant to act on your behalf, and requesting a stack of paper from every local/state/federal agency on reported taxable income, *and* (very important) making sure that your income *matches* those records. If one has been been hiding income, that's not about pot, that's about the IRS wanting their share.

and unfortunately they're right. As long as weed is federal Schedule I, there is absolutely no way you can write a legal state MMJ statute.

It would be super easy to fix this in a way that didn't enrich the huge drug companies: redefine Administrative Controlled Substances Code Number 7379, which is a synthetic cannabinoid called Nabilone, to include any product containing natural cannabinoids, and bar interstate commerce in non-synthetic cannabinoids. 7379 is a Schedule II drug but if you look at http://en.wikipedia.org/wiki/List_of_Schedule_II_drugs_(US) you will find cocaine, methamphetamine and PCP--all of which are major drugs of abuse.

to take their blinders off and start representing the best interests of the people for a change.

Thanks for the thread, Maine-ah.

cultured, friendly and pleasant nation than the US.

and hurting those who are in true pain.

Like Bernie (fly by night), I have been in prison for my MMJ beliefs. The federal government did not want me to grow my plants. Now that I have served my time, and no federal parole or probation, I am fully in my rights to grow my plants in Colorado to take care of myself. I use dispensaries when I need to (like while my plants are still immature) to get my medication. The cost is very reasonable (and recently lowered the pricing) and should be really included in some form of alternate healing that the insurance should pay for.

The Colorado Attorney General recently issued the same warning. The majority are laughing at the warning, and reminding people that Obama has broken a promise that was made two years ago regarding federal raids on medical marijuana crops. The Governor, the very same man, has been a supporter of the current laws and Amendment 20, and sees no need for changes in the law. I am a firm believer of states' rights, and none of the dispensaries plants has ever crossed state borders, giving the feds absolutely ZERO reason whatsoever to raid the local dispensaries. They are grown locally. And quite good too.

Right now, someone with brass balls needs to begin introducing legislation to remove marijuana from any schedule/controlled substance program and moved into a category that is the same as medications prescribed by doctors.

Big PHARMA can go bite my dead dog's dick. They will never gain control of marijuana, because they're easy to grow man.....

And Hearst can go suck a fat one as well - the prohibition on marijuana falls on his shoulders because hemp is plentiful and Hearst did not want to see his paper empire destroyed from hemp.

I'd rather have TP made out of hemp, than to buy Koch Brother's crap wipes.

on a public forum such as DU. I'm not saying DU will rat you out...but there are ways someone with the right know-how can learn exactly who you are.

I have been following his blogs...

He just wants more advocates like me spreading the word that MMJ is very safe, legal and useful. The Federal Government as it stands right is completely useless and I am now refusing to recognize the Feds like I did with Bush due to the fact that the MMJ raids are quite illegal and there will be an forced change in the MMJ laws to allow for it.