Not All Outlaws are Criminals: “Code of the West” Film Review


On the eve of the day in which approximately half of all voting Montanans will receive their 2012 primary election mail-in ballots, I dedicated some time to reviewing “Code of the West“, a documentary account of the rise and fall of Montana’s medical marijuana industry, thanks to the Montana Legislature’s obsession with eliminating this “scourge” from Montana.  Directed by Rebecca Richman Cohen, an Emmy award nominated filmmaker, “Code of the West” was a grim but generally accurate portrayal of the events surrounding Montana’s 62nd legislative session.  The footage of our great state was beautiful and the final result was a truly impartial look at medical marijuana in Montana.

Medical marijuana is a contentious issue in Montana and emotions run high on all sides of the topic. Richman Cohen accomplished something I thought was impossible.  While still unlikable, I didn’t despise Cherrie Brady, whose group “Safe Community, Safe Kids” was largely responsible for the rapid decline of legislative support for regulatory marijuana legislation,  nearly as much as I did during the legislative session.  The movie portrayed Brady as someone who was convinced of her beliefs and obviously committed to maintaining the lies behind prohibition.  It seems like many religious people feel they need to remove all temptation and risk from the lives of their children and spouses in order to live a virtuous existence and Cherrie is no exception.  With those thoughts in mind, I have decided she is no longer deserving of my enmity, I’ve decided instead to pity her.  Education is the key to overcoming ignorance, but first we must overcome fear.

I am very thankful that some of the clowns Montanans elected to represent us in our legislature won’t be returning in the 2013 session.  Mike Milburn, Speaker of the House and sponsor of HB 161, the marijuana repeal bill is termed out of the house.  Rep. James Knox, sobbing on cue in the documentary footage as he claimed the repeal was necessary to “save other people’s brothers” from the evils of marijuana, has thankfully moved to Texas.  The entire house of representatives and over half of the senate is up for reelection this June (primary) and November (general election).

Although each election is portrayed as the most important in our lifetime, this election is crucial to Montana’s future.  Marijuana didn’t destroy our state’s rough and tough cowboy image… the blame for that is placed squarely on our elected officials. They are quick to tell the feds to stay out of our healthcare, let us deal with our own wolves, and that they will pry our guns from our cold, dead hands yet when marijuana providers were being raided and robbed by our government, they not only didn’t protest, they welcomed federal intrusion.  Montana isn’t represented by strong, rugged leaders, we have spineless yes-men eager to toe the party line to protect their political future.  It is time we stand up to them and send a serious message on election day, that we are a force to be reckoned with.

Much has occurred since completion of the documentary.  Parts of SB 423, the legislature’s virtual repeal of Montana’s medical marijuana law have yet to be implemented as a result of a temporary court injunction.  Naturally, the state of Montana has appealed that ruling and oral arguments are scheduled before Montana’s Supreme Court on May 30.  Countless Montanans have lost everything they own as a result of asset forfeiture, whether or not they were ever indicted by the feds.  Those who were indicted also lost their freedom to the federal government’s unconscionable war on drugs.  Tom Daubert, one of the film’s primary characters, an indicted co-owner of Montana Cannabis, has cut a deal with the government as have nearly all of those indicted as a result of the March 2011 raids.  So far, nobody has been brave enough to test the government in court and the feds have in most cases offered very attractive deals to cooperative witnesses.  Perhaps though, the tides are changing.  Chris Lindsey, one of Daubert’s former business partners plans to take the case to trial.  Although he essentially faces a mandatory minimum life sentence, he believes in the cause enough to fight for his freedom and thus, for our rights.  As Chris faces a lifetime behind bars, the least we can all do is show up in vast numbers to vote for the candidates who are friendly to our cause.  For more information on those candidates, see the 2012 Montana Cannabis Voters Guide.  As more information becomes available, the guide will be updated.  Primary elections are Tuesday, June 5.

Want to see “Code of the West” for yourself?  Screenings of the film will be shown in cities across Montana May 15 – May 23.  For details on dates, times and locations- as well as information about the discussion panels to follow the screening, check this link.  We realize that this is an emotional issue,  but we would ask that those attending the screening refrain from any negative behavior.  We have the truth on our side, why contribute to the inaccurate image our opposition has painted for us?  Tolerance may not provide instant gratification, but in the end, it will be worth it.

Tampering Jury Pools with Federal “Truth”


Today Montana’s headlines blare “Federal Warrant Issued for 1980′s Montana Mountain Man” after federal indictments of former partners of the now-defunct medical marijuana business, Montana Cannabis Inc. were unsealed.  Montana’s media offers a sensational headline as well as a dramatic, emotional story to match- that is, if you are willing to buy the federal government’s version of the truth.

You may recall the story of the Nichols duo, Don and his son Dan, who kidnapped world class biathlete Kari Swenson while she was training in the mountains near Big Sky, Montana.   The notorious Montana “mountain men” also murdered one of Swenson’s friends after he stumbled upon their hideout in the woods.  Kari Swenson’s lung was punctured after Dan Nichols accidentally shot her during an armed standoff. She survived the injury and went on to win a bronze medal in the world biathlon championships after being rescued.  Dan Nichols was released in 1991 after serving six years in prison for the crimes.  His father is still in prison but is up for parole April 27.

Dan Nichols has been charged as an indicted co-conspirator with Chris Williams as well as Chris Lindsey, a Missoula attorney who actually left Montana Cannabis in January of 2010.  What is so outrageous about the indictment is the bizarre conspiracy that the government has invented.  First of all, Chris Lindsey, to the best of his knowledge, has never laid eyes upon Dan Nichols, nor has he heard of him.  He was apparently brought on board by Chris Williams, who remained with Montana Cannabis until March of 2011, when federal raids shut down the business.

Apparently, in the eyes of the feds, if you are EVER involved with a “criminal enterprise”, you are not allowed to quit.  You are also responsible for all  crimes that are committed by any subsequent partner or employee of said “criminal enterprise” for eternity.  Fourteen months prior to the 2011 federal raids, Chris Lindsey left Montana Cannabis after disputes over the manner in which the business was being operated.  Apparently that isn’t good enough for the feds.  He is now being lumped in with a kidnapper and murderer who he has never met, never spoken to, never even heard of.  Why?  Because sexy stories sell newspapers and when people read them, they believe them.  The feds know that prohibition is on shaky ground in the US, jurors across the nation are not only expressing reluctance to convict marijuana “criminals”, many consider prosecution of these people, especially in states that have legalized medical use of marijuana, to be a colossal waste of taxpayer funds.   Fortunately for the feds, the media is easily manipulated.  We already know the truth doesn’t matter to US federal government as marijuana wouldn’t be illegal if they were interested in science or any factual evidence.  They continue to promote their failed policies by utilizing fear.  Americans are afraid of crazed, murderous mountain men who would dare kidnap a world-class athlete.  Dan Nichols is considered armed and dangerous.  I certainly wouldn’t approach him, that fear is most likely warranted.  Chris Lindsey, on the other hand, is someone I would trust to watch my daughter.  He is a kind, compassionate intellectual.  He is an educated professional.  He isn’t a firearm enthusiast and he isn’t the least bit violent.  The actual truth isn’t nearly as scandalous though, so the feds will do their best to ensure Chris Lindsey’s story is suppressed.  It appears that the indictment of the exciting “mountain man” was necessary to substantiate the sentences Chris Lindsey is facing for spending 10 months as in-house legal counsel for Montana Cannabis, if convicted of the federal crimes in which he is accused- mandatory minimum sentences total 690 years.

Another former partner of Montana Cannabis, Tom Daubert, who authored Montana’s original medical marijuana law, is scheduled to offer a guilty plea to a federal charge of “conspiracy to maintain a drug-involved premises” on May 3.  Like Lindsey, Daubert divested his interest in Montana Cannabis long before the raids.  Why he wasn’t also indicted with Williams, Nichols, and Lindsey is unclear at this time.

The recent indictments as well as sentences handed down to others charged and convicted (via plea deals) as a result of the March 2011 raids have indicated that Montana’s state law umbrella offers zero protection from federal prosecution, whether the accused was operating in “clear and unambiguous compliance with state law” or not. One can only wonder why Montana’s DPHHS employees, legislators who pretended to deliver created regulatory legislation, and electric companies (the only REAL marijuana millionaires in the state) are not also indicted co-conspirators.

The Facade of Federal Justice


Leniency for corruption

Former Butte Montana city judge, Steven Kambich, convicted of bribery in federal court was sentenced this week to paying $5000 in restitution, far less than even the total of the bribes he accepted, and five years of probation.  He faced fines of $250,000, a prison sentence of up to 10 years and 3 years of supervised release.  Kambich offered guilty pleas in January for accepting bribes in excess of $13,000 in exchange for dismissing traffic tickets and other citations.  He was accused of a variety of other corrupt practices unbecoming of any human being let alone an elected official.

In a January 13, 2012 press release related to the case, U.S. Attorney Michael Cotter said:

“There are few positions in the law more powerful than that of a judge. Judges have the authority to change individual lives with their actions. Former Silver Bow County City Judge Steve Kambich pled guilty today in Federal Court to accepting bribes – usually in the form of cash or checks – for dismissing traffic and other misdemeanor tickets. The prosecution of Kambich sends a strong message that public corruption will not be tolerated and when detected it will be prosecuted.”

Chris Lindsey faces up to 25 consecutive life sentences for adhering to state medical marijuana laws.

Sounds more like a slap on the wrist to me, especially when the punishment is contrasted with sentences facing former medical marijuana caregiver Chris Lindsey.  Although he has not been accused of breaking any state laws, the Missoula attorney is facing federal mandatory sentences ranging from 690 years to 25 consecutive life sentences with an additional 85 years for good measure.

What ever happened to the guidelines contained within the infamous Ogden memo? In the memorandum, the Department of Justice said that it was committed to the “efficient and rational use” of its resources and that prosecuting patients and distributors who are in “clear and unambiguous compliance” with state laws did not meet that standard.

Lindsey may indeed have been in “clear and unambiguous compliance” with Montana’s medical marijuana laws, but we may never hear about that in court as evidence indicating adherence to state laws is inadmissible in prosecutions for violating federal laws.

Bribery by a corrupt judge warrants a more lenient sentence than those that medical cannabis providers receive? In what sort of world is the dismissal of charges in exchange for cash a lesser crime than advising a medical marijuana business of their rights and responsibilities under state law?  Even monsters like Charles Manson have parole opportunities periodically.  This isn’t the case in federal cases where inmates serve 85% of their sentences at minimum.

Life presents us with many injustices and often reforms are only possible after exhausting struggles.  Familiarize yourself with jury nullification at http://www.fija.org.  Education is the answer.  Please share this story in any way possible-  via social media, telling everyone you know, writing a letter to the editor, however you see fit. A tyrannical federal government affects us all.  The oppressive muscle of the fed knows no bounds- now it is medical marijuana, but what is next?  Guns?  Healthcare?  Education?  Whether you use medical marijuana or not, please don’t be so naive as to believe that this doesn’t affect you.  I am haunted by this injustice.  Law enforcement is in theory a comforting sight.  Good people aren’t supposed to fear federal agents yet when I see anyone with a badge, I am faced with the reality that one day I could be in a similar position as Chris.  Although I am not a marijuana user nor am I a marijuana provider, simply discussing becoming one is a federal crime.  Most of us commit federal crimes every day without even realizing it.  Chris is your neighbor, your friend, your mentor, your brother, your father, your husband, he is me and he is you.

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”          –Charles de Montesquieu

Montana’s Politicians… An Impotent Lot


We tell the feds to get lost when it comes to healthcare, wolves, and guns, but those we elected beg for help from the federal government to enforce marijuana laws? Please.

Today we learned that Montana medical marijuana advocate Tom Daubert was able to negotiate a plea deal with federal prosecutors. Daubert is the founder of Patients and Families United, a medical marijuana advocacy group. He was influential in the drafting of I-148, the initiative that Montana voters approved overwhelmingly to legalize medical marijuana in 2004.  Daubert was also a one of a handful of partners in Montana Cannabis, one of several caregivers who were raided in March of 2011.  Others involved in Montana Cannabis have not been quite so fortunate as they were recently indicted on multiple federal counts of conspiracy, cultivation, and gun charges.  According to news reports,  Daubert has agreed to plead guilty to a charge of “conspiracy to maintain a drug-involved premises”. Unlike the charges Daubert’s former partners are facing, his doesn’t carry a mandatory minimum sentence.  Recent federal cases have indicated that this is an increasingly common charge by the feds- especially when cases against the accused are relatively weak and built primarily on circumstantial evidence.

Montana’s indicted cannabis caregivers have accepted plea deals featuring significant charge and sentence reductions (most sentences range from 6 – 18 months in federal prison) although they were also subject to massive asset forfeitures and additional fines.  So far though, it appears nearly everyone has been negotiating with the feds, but what happens to those who refuse the plea deals?

Lindsey's legal practice is built upon helping clients adhere to state law. He now faces mandatory minimum sentences of 690 years as a result.

Take, for instance; Chris Lindsey.  He is a soft-spoken, educated, non-violent intellectual. He is a husband and a father to a young son.  Lindsey, a Missoula attorney, served as in-house legal counsel for Montana Cannabis (yes, Tom Daubert’s company) for less than a year.  He left the company a full fourteen months before the March 2011 raids that preceded these federal indictments.  He was indicted last week on a long list of federal conspiracy, drug, and gun charges.  The guns weren’t his. He wasn’t a drug dealer and as far as conspiracy goes, well, I suppose I’m breaking some of those federal statutes simply by writing this post.  Chris has built his legal practice around helping Montana’s medical marijuana patients adhere to state law.  He has not been accused of breaking any of Montana’s statutes and yet he is unable legally to use his clear compliance with state law in his federal defense.  He says he can’t accept a plea deal on something he believes in. So what does that mean for Chris?  Brace yourself.

Mandatory minimums on his charges amass sentences of 690 years in federal prison.  Maximum sentences are 25 consecutive life terms plus an additional 85 years.  What purpose do we serve by incarcerating a productive professional with no history of criminal activity- someone who has never been accused of any sort of violence?  This is a travesty of epic proportions.  Keep in mind that there is no parole in federal prison and that convicts must serve 85% of their sentences.  Doesn’t this make you wonder why those who make a deal (thus maintaining frightening and artificially high federal conviction rates ) are criminals who upon acceptance of a plea deal, are instantly benign enough to warrant sentences averaging one year yet those who value their principles enough to defend them in a court of law are scary enough for consecutive life sentences?

Our state government allows this injustice, without so much as a complaint. While politicians from other states protest the federal crackdown medical marijuana, those from Montana are silent. Montana politicians typically claim to exhibit a sort of libertarian-streak that is native to our people- people who just want to be left alone.  In reality however, our politicians are pussies.  Nearly every one of them.  They are too worried about being reelected to actually take a stand to protect the very people who elected them.  From our Congressional delegation to our local sheriffs, Montana politicians LOVE federal intervention on marijuana cases.  In fact, instead of actually working with our existing state law, state law enforcement often refused to prosecute those in defiance of the law in order to set up a repeal of I-148 in our last legislative session.  Rumor has it, to ensure a repeal, our elected officials even worked with federal agents to schedule a key legislative vote simultaneously with dramatic federal raids taking place in the state capital, as well as cities across the state.  On one Republican state representative’s Facebook page, he declared immediately after the raids  “Praise the Lord and Praise the Feds”.  I guess these faux Libertarian-minded Montanans believe they can deal with everything on the state level- healthcare, wolves, guns- everything but the “scourge of Montana” (yes, another state legislator called it that), marijuana.

Our governor, Brian Schweitzer, did absolutely nothing to protect Montanans from federal intervention.  Rep. Denny Rehberg and Sen. Jon Tester are fighting for Tester’s US Senate seat.  Conveniently, neither of them have stood up to federal medical marijuana intervention.  Max Baucus recently announced his intent to run for reelection in 2014- has he taken a stand?  Nope.  Our attorney general, Steve Bullock, who has continuously opposed legislation as well as legal maneuvers designed to protect patients, now wants to be our governor.  Nearly all of the prohibitionists in our state legislature are running for either reelection or election to yet another state office.  If our state governments refuse to protect us from the tyrannical federal government by use of the “supremacy clause” and a disgustingly broad interpretation of the commerce clause via Raich v Gonzales, what is the point of having state governments at all?
As we head farther into campaign season, let me remind you all that politicians are the biggest criminals alive.  We reward them with our votes and pay them healthy salaries with our taxes. We subsidize the failed war on drugs by allowing our government to perpetuate violent crime on our borders in the name of security. I am BEGGING you all, please do NOT disappoint me.  Get your asses out June 5 in primary elections and don’t you DARE neglect to vote in the general election November 6.   I do not feel safer with Chris Lindsey behind bars- or Tom Daubert, for that matter, do you?

Montana’s politicians are vacillating, submissive cowards and it is high time for some outrage from Montana’s citizens, this is embarrassing. 

War on Weed: Obama’s Department of Injustice


GUEST POST:

The Obama administration has been working very hard lately enforcing the letter of the federal law.  No, they aren’t considering prosecuting even a single person for the financial frauds which nearly collapsed the markets. Nope, not protecting our border either. Obama and his scandal-plagued Dept. of Justice, DEA, ATF & IRS are staging a crushing blow to legal and safe access to cannabis for America’s ill.

Four U.S. Attorneys from California–along with their respective counterparts  in Washington D.C. from the DEA and IRS declared that a statewide crackdown against large-scale medical cannabis cultivators and sellers with national implications is currently underway.

• Earlier this week, the Internal Revenue Service (IRS) issued a long-awaited $2.5 million ruling against a major medical cannabis dispensary in California. Citing an obscure part of the US tax code meant to target drug cartels, the federal agency is barring dispensaries, even those licensed under state law, from taking any business-related tax deductions and is seeking millions in dollars in back taxes.
This adverse ruling has the very real potential to stop the regulated sale of cannabis
currently underway in California, Colorado, Maine and New Mexico; and planned in
Arizona, Montana, Delaware, New Jersey, and Washington, D.C
• The Bureau of Alcohol, Tobacco and Firearms (ATF) issued a heavy-handed one-page memo to every gun and ammunition dealer nationwide informing them that they must, by law, deny sales to physician-recommended cardholding patients who use medical cannabis– effectively denying their Second Amendment rights to own a firearm for personal safety, hunting, or simply to avoid a tyrannous federal government.
• Federal regulators cracked down on banks in Colorado, California and Michigan that had
previously conducted business with medical cannabis dispensaries, barring these financial institutions from accepting cash deposits or processing credit/debit cards from state or locally approved canna-businesses.
• U.S. Attorneys in California sent warnings to local dispensaries in San Francisco, San Diego,and elsewhere warning that locally compliant facilities are still subject to federal
prosecution for violating federal ‘drug free school zones’ legislation — leaving these facilities with no choice but to either move or close.
• Federal attorneys in California have sent hundreds of legal warnings to the landlords of properties that rent to medical cannabis businesses (retail, delivery, cultivation and testing) warning that their properties and assets are subject to swift civil forfeiture proceedings, and that they personally could face decades in prison. In addition, the DOJ is assaulting our first amendment rights, also targeting all radio, TV, print and other media outlets that currently advertise  medical marijuana businesses.
• Rhode Island’s governor Lincoln Chafee pulled the plug on the state’s nascent medical
cannabis dispensary program, despite it having been previously approved 102 – 3 by the state legislature. Why? Governor Chafee cites recent memos from the Department of Justice threatening to federally prosecute employees involved in the state-licensed production or distribution of cannabis.
• Michigan courts, the legislature and the state’s Attorney General are steadily dissembling the state’s medical cannabis program, despite the law having passed with 63 percent public approval.

So why the about-face?  It could be simply a distraction from  Eric Holder & the ATF’s Fast & Furious scandal.  Perhaps to blame is fear that the cannabis industry is gaining strength & funds to fight this.  Is the Obama administration flexing its muscle or attempting to appeal to the tough-on-drugs Republicans?

Or, maybe…..the Obama administration is simply assisting GW Pharma & Novartis with eliminating the competition in preparation for the release of Sativex.  Essentially, under the guise of FDA safety, patients will be forced to buy an expensive pharmaceutical that they could grow themselves for pennies.   From GW’s website:

Q.

Does approval of Sativex by a national medicines regulatory authority mean that herbal cannabis will also be legal in that country?

No. Regulatory approvals from medicines regulatory authorities are specific to Sativex® – there is no change in the law relating to cannabis. Any changes in regulations to permit Sativex to be prescribed would apply only to such an approved product and would have no direct consequence for the legal status of herbal cannabis for recreational and medical use. This is true for all countries around the world, including the United States.

If the FDA approves Sativex, and it appears they will; how will they justify allowing Big Pharma the right to pursue the profitable medical marijuana market, while threatening thousands of patients using state-licensed cannabis with federal intervention, asset forfeiture and prison terms? And how will they ever explain all of the lies?

2011-10-08-imagecharts-Presidents_Medical_Marijuana_MPP.png


Rescinding Rights, Perpetuating a Lie: Propping up the Drug War to Justify Gun Control


The ATF will do anything to catch criminals, even create them. For years the Obama administration, with the assistance of the media has carefully fed us the falsity that 90% of all firearms seized from violent Mexican drug cartels originated in the United States.  Never questioning our porous borders or lack of immigration enforcement, many simply accepted the claim.  Recent revelations have unfortunately indicated that this narrative is indeed partially true, although not for the reasons one would think. According to investigations, the Obama administration used federal agencies armed with stimulus cash, primarily the BATFE,  to supply weapons to our Mexican enemies in the “war on drugs”, also exchanging information with the Sinaloa Cartel allowing them access to sell cocaine in our country.  Using the “logic” that tracking these weapons would lead to arrests of higher ranking criminals, the agency curiously failed to initiate any recognizable plan to actually track them. So, ATF agents supplied violent drug cartels with thousands of guns, many of which were later involved in heinous crimes, some resulting in deaths of Americans.  Failing to acknowledge the inconsistencies within the bureau’s plan, Obama instead issued an executive order calling for more gun control.  With evidence mounting, ATF director Kenneth Melson was eventually fired…. I mean transferred.  Former Minnesota US Attorney, B. Todd Jones was hired to replace him.  After crafting the rhetoric to sell the crisis they created, Jones promised to get the agency back on track.

“There are going to be some changes that happen, and there’ll be a refocusing on our primary mission, which is violent crime.”

Only twelve days later, the embattled agency issued a letter reiterating and clarifying an unenforceable policy prohibiting state-licensed medical marijuana patients from possessing or buying firearms or ammunition.So much for refocusing the ATF’s mission on violent crime. The information in the letter, sent to firearms dealers; is nothing new, in fact; the Gun Control Act of 1968 specifically prohibits firearms ownership and use from the following:

  • Persons under indictment for, or convicted of, any crime punishable by imprisonment for a term exceeding on year;
  • Fugitives from justice;
  • Persons who are unlawful users of, or addicted to, any controlled substance;
  • Persons who have been declared by a court as mental defectives or have been committed to a mental institution;
  • Illegal aliens, or aliens who were admitted to the United States under a nonimmigrant visa;
  • Persons who have been dishonorably discharged from the Armed Forces;
  • Persons who have renounced their United States citizenship;
  • Persons subject to certain types of restraining orders; and
  • Persons who have been convicted of a misdemeanor crime of domestic violence.

Because the federal government doesn’t recognize lawful marijuana use by anyone (not even the four patients who are supplied with marijuana by the federal government) this is no surprise. While the content is not new, with the sweep of a pen, an estimated 500,000+ otherwise law-abiding citizens had their second amendment rights rescinded. No mention of alcoholics, oxycontin snorters or gas huffers, the dangers posed by medical marijuana patients owning firearms far outweigh any potential benefits, right?

Careful analysis of the ATF’s Project Gunrunner and Fast and Furious, including resulting Department of Justice actions, suggests that the scandals were not so much botched law enforcement surveillance but Cloward-Piven style strategy, demonizing firearms dealers and American gun owners in hopes of obtaining the necessary political capital to enact sweeping gun reforms, including the UN Small Arms Treaty, which places the responsibility of regulating American’s firearms in the hands of United Nations.  The BATFE letter is perhaps a distraction from the corrupt and paradoxical realities in the agency.  More likely, however; the ATF is simply following orders from the White House.

Obama as well as many in his administration have records of hostility to medical marijuana rights as well as firearms rights.  In fact, after campaigning with promises to stop raiding medical marijuana facilities, Obama’s DEA has managed to rack up more raids in three years than agencies under Bush accomplished in eight. Americans for Safe Access gave Obama a failing grade for his marijuana policies.  During his campaign for the Presidency, Obama said “I have no intention of taking away folks’ guns” yet he appointed two Supreme Court justices who will do it for him. His anti-gun rights record is hard to argue.

Over 200 people are dead as a result of the US government’s new role as an arms dealer to our southern neighbors while also providing millions in foreign aid to Mexico for the expressed purpose of combating the cartels that we are also funding. If nothing else, we are wasting massive amounts of money funding both sides of a conflict we never intend to win. This war has no defined goals or targets… it was obviously meant to never end.  If the US isn’t able to enforce its own drug laws without first breaking them, perhaps we should utilize a new strategy.

Ron Paul 2012.

The Obama Administration’s Schizophrenic Marijuana Policy: Ogden, Haag, and Cole


Prior to his election, Obama had a reasonable outlook on medical marijuana

“I don’t think that should be a top priority of us, raiding people who are using … medical marijuana. With all the things we’ve got to worry about, and our Justice Department should be doing, that probably shouldn’t be a high priority.” — June 2, 2007, town hall meeting in Laconia, New Hampshire

“You know, it’s really not a good use of Justice Department resources.” — responding to whether the federal government should stop medical marijuana raids, August 13, 2007, town hall meeting in Nashua, New Hampshire

Nearly year after Obama was elected President, his administration, with great fanfare; released the Ogden memo. The memo essentially informed US Attorneys that the US government wouldn’t be focusing federal resources on the prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.  As a result of this policy shift, the number of legal medical marijuana patients increased substantially in states allowing the use of medical marijuana.

On February 1, 2011, US Attorney Melinda Haag sent what is now known as the “Haag Memo”, to John Russo, Oakland City Attorney in response to Russo’s request of clarification of the federal stance. From the memo:

We will enforce the CSA (Controlled Substances Act) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law…. . ….Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law.

Although hardly publicized, the Haag memo is consistent with federal action the following month:

On Wednesday, for the second time in this year, the Obama administration released a memo on  medical marijuana, the text of which can be viewed here.  This memo purports to provide clarification of previous memos yet seems more like a warning to anyone involved in any level of cannabusiness.  The text of the memo seems to acknowledge that state-sanctioned use of medical cannabis is alright, but good luck obtaining it, because the federal government is waging a war against those who grow it.  This clarification certainly clears things up.

Americans were accustomed to raids under the Bush administration, but Obama promised a different approach, giving a very false sense of security to cannabis patients.  In reality, Obama is on target to in four years, double the number of raids under 8 years of the Bush administration.  At least Bush’s actions were consistent with his words.  Some are speculating that US Atty Holder or rogue US Attys are acting without authorization, but launching raids IS policy and the number, scope, and focus of these violent raids suggests that they are orchestrated from the top.

How’s your badass president now?  I’ve had enough “change”  Perhaps it is time for a President whose actions are consistent with his words, has a decades long history of consistent messages and dedication to individual liberties, constitutional government and sound monetary policy.  Or maybe not.  Maybe you prefer wondering if federal agents will gun down your children as well as your dogs in the next early morning raid.  H.R. 2306, the Ending Federal Marijuana Prohibition Act is currently in Congress.  To urge your Representatives and Senators to support this historic legislation, use this handy web form.