The MENDOCINO COUNTRY Independent
10/22/09
DEA UNIMPRESSED WITH HOLDER MMJ GUIDELINES
    Following several raids on dispensaries in California and elsewhere which followed on candidate and then president Obama's assertion that his administration would leave medical marijuana enforcement to the states which authorize it, reporters demanded AG Eric Holder clarify the new administration's policy.
    Accordingly, on October 19, Deputy attorney general David W. Ogden issued a written memo to US attorneys in the 14 states which recognize medical marijuana.

    "The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's investigative and prosecutorial resources should be directed towards these objectives.
    "As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.
    "On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core enforcement priorities.
    "Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:
• unlawful possession or unlawful use of firearms;
• violence;
• sales to minors;
• financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
• amounts of marijuana inconsistent with purported compliance with state or local law;
• illegal possession or sale of other controlled substances; or
• ties to other criminal enterprises."

DEA Responds:
   The Drug Enforcement Administration (DEA) issued the following statement on Ocbober 22, 2009.
    "DEA welcomes the issuance of these clarifying guidelines pertaining  to the use of federal investigative and prosecutorial resources in  states that have enacted laws authorizing the use of marijuana for medical purposes.
     "These guidelines do not legalize marijuana. It is not the practice or   policy of DEA to target individuals with serious medical conditions   who comply with state laws authorizing the use of marijuana for  medical purposes.         "Consistent with the DOJ guidelines, we will continue  to identify and investigate any criminal organization or individual  who unlawfully grows, markets or distributes marijuana or other  dangerous drugs. Those who unlawfully possess firearms, commit acts of   violence, provide drugs to minors, or have ties to other criminal   organizations may also be subject to arrest.   
     "As these guidelines point out, marijuana remains a top revenue source   for the Mexican drug cartels that are wreaking havoc in Mexico and along the Southwest Border. Accordingly, DEA will continue to disrupt and dismantle these drug trafficking organizations.”