Holder Indicates Federal Raids on Marijuana Dispensaries Will Stop

By Jeralyn, Section Crime Policy
Posted on Thu Feb 26, 2009 at 09:52:06 AM EST
Tags: medical marijuana (all tags)

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Here is the video of Attorney General Eric Holder's press conference yesterday. At 25 minutes in, he is asked whether DOJ will continue raids on medical marijuana dispensaries (in states that have legalized medical marijuana.)

Holder says "what the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing here in law enforcement." He says Obama is "formally and technically and by law my boss now, and so what he said during campaign is now American policy." [More...]

Holder said this standing right next to DEA Acting Administrator Michelle Leonhart, who has overseen the most recent federal medical marijuana raids, including those that took place after Obama's inauguration.

[Hat tip to Tom at LEAP.]

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Holder Indicates Federal Raids on Marijuana Dispensaries Will Stop | 39 comments (39 topical)

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Is Holder saying campaign promises (5.00 / 0) (#1)
by FoxholeAtheist on Thu Feb 26, 2009 at 10:21:36 AM EST

automatically become policy after a change in Administration?

Obama is "formally and technically and by law my boss now, and so what he said during campaign is now American policy."

Doesn't Congress have some role here?

In this case... (5.00 / 1) (#3)
by atdleft on Thu Feb 26, 2009 at 10:28:34 AM EST

Yes, campaign promises become new policy. That's usually what happens when we have a change in Administration. Just as Dumbya overturned Clinton executive orders, Obama's doing the same to his.


Did the raids on medical MJ dispensaries (none / 0) (#9)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:07:29 AM EST

involve an "executive order" from Bush? If not, what is the process by which Obama would seek to overturn the practice?


: By the simple (none / 0) (#14)
by eric on Thu Feb 26, 2009 at 11:19:43 AM EST

allocation of resources and readjustment of priorities. If Obama tells the AG that the Department of Justice should not put a priority on drug raids, and should stop them, then they are stopped.

Hmmm.... (5.00 / 2) (#5)
by jbindc on Thu Feb 26, 2009 at 10:39:03 AM EST

Would be nice to see if this applies to things other than drug policy.


Doesn't change in "drug policy" (none / 0) (#7)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:03:26 AM EST

require change in LAWS, which would require Congressional involvement?

I'm sure BTD knows the answer to this, as it pertains to a discontinuation of raids on medical MJ dispensaries. I dunno.


Federal DOJ (5.00 / 1) (#8)
by oculus on Thu Feb 26, 2009 at 11:06:00 AM EST

has discretion as to whether to enforce law stating possession/possession for sale/transportation/furnishing MJ is illegal.


Has Obama issued a directive to Holder (none / 0) (#11)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:17:24 AM EST

and the Federal DOJ? Or is Holder just independently taking his directives from "campaign promises". That seems like a pretty ersatz process - even though I support the legalization of MJ, across the board.


I 'm going to assume (none / 0) (#13)
by jbindc on Thu Feb 26, 2009 at 11:19:15 AM EST

Although I shouldn't, that Holder has not gone rogue and is interpreting campaign promises as policy. My guess is someone told him to use those words so the MSM and blogosphere could say, "See - he's keeping campaign promises!"


I know, it's the wording that's totally whack (none / 0) (#17)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:33:25 AM EST

Similarly, the Afghanistan escalation was described by some commentators as a good-faith follow-through on "campaign promises".

However, I don't recall hearing it described in those terms by any Administration appointees.


Holder seems to be enjoying the (5.00 / 1) (#19)
by oculus on Thu Feb 26, 2009 at 11:35:53 AM EST

spotlight at present. Probably speaking off-the-cuff. Wish he would slose Gitmo ASAP as Obama promised on the campaign trail. Case torture and renditions, etc.


Wonder if Holder was also speaking off the cuff (none / 0) (#27)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:52:36 AM EST

when he said the following to his staff, in honor of Black History Month:

"Though this nation has proudly thought of itself as an ethnic melting pot, in things racial, we have always been, and we, I believe, continue to be, in too many ways, a nation of cowards,"

That is really at odds with the nation's positive self-perception after having elected a biracial President 3 months ago.


: He missed Obama's speech? (none / 0) (#33)
by oculus on Thu Feb 26, 2009 at 12:47:37 PM EST

He has issues? I'm glad I don't work for him, at any rate.

I assume Holder isn't just divining (none / 0) (#15)
by oculus on Thu Feb 26, 2009 at 11:20:48 AM EST

the President's wishes from campaign rhetoric Presumably the President, or someone with his blessing, has conveyed to Holder: stop enforcing federal controlled substance law re MJ against medical MJ clinics.


I assume so too, although I'd like Holder (none / 0) (#22)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:41:48 AM EST

to articulate a more concrete account of the process.


Oh, you mean transparency in (none / 0) (#23)
by oculus on Thu Feb 26, 2009 at 11:42:41 AM EST

government?


: B.I.N.G.O. (none / 0) (#28)
by FoxholeAtheist on Thu Feb 26, 2009 at 11:53:16 AM EST

Oneof NY's Bravest just got busted... (5.00 / 1) (#16)
by kdog on Thu Feb 26, 2009 at 11:31:27 AM EST

too bad Obama ain't got the balls to try and stop these kinds of raids.

Every city fireman I know needs two jobs to get by...this one is as good as any. In this economy, should we be taking food off people's tables for no good reason?

If convicted he faces 5-40 years...we are truly insane.

That's sad (5.00 / 1) (#34)
by Steve M on Thu Feb 26, 2009 at 01:56:39 PM EST

Come on, at least his customers are buying American.


: Alleged Customers (none / 0) (#35)
by squeaky on Thu Feb 26, 2009 at 02:02:05 PM EST

F'ers (none / 0) (#20)
by squeaky on Thu Feb 26, 2009 at 11:36:44 AM EST

Don't they have anything better to do with their time?

Wonder how many lives Firefighter Patrick Murray has saved?


: But if he brews his own booze... (5.00 / 1) (#24)
by Dadler on Thu Feb 26, 2009 at 11:44:43 AM EST

...he's considered normal, even a bit of a gourmet, a connoisseur, he could win microbrew awards. Instead, because of our puritanical prejudices and their racist roots, good people get sent to prison for what? Doing exacly what other people do with liquids instead of solids.
We're phucking nuts.

: And selfishly I wonder... (5.00 / 1) (#25)
by kdog on Thu Feb 26, 2009 at 11:45:41 AM EST

how much of his moonlighting product made its way to my vendors:)
It's an honest living....the DEA agents otoh, wish they would find honest livings.

Seriously? Need two jobs? (none / 0) (#30)
by sarcastic unnamed one on Thu Feb 26, 2009 at 12:27:14 PM EST

They should move to LA. Every city fireman I know (and my next door neighbor is one) owns a nice home, at least two new cars, a boat, dirt bikes, 4-wheelers, a Winnebago, etc. Must be paying them more out here...


: Must be... (none / 0) (#32)
by kdog on Thu Feb 26, 2009 at 12:47:21 PM EST

my one firefighter buddy works security when he's not on duty at the firehouse, another does some bartending. They always look freakin' exhausted everytime I see them...poor guys. Pretty shameful what we pay fireman over here.

It's about time... (none / 0) (#2)
by atdleft on Thu Feb 26, 2009 at 10:25:10 AM EST

That the madness stop. Why are we punishing those trying to provide medicine to sick people? Yes, please stop the raids!

At least we'll get some clues... (none / 0) (#4)
by kdog on Thu Feb 26, 2009 at 10:34:20 AM EST

as to who really calls the shots, the pres or the shadowy figures behind him.

Great Except (none / 0) (#6)
by squeaky on Thu Feb 26, 2009 at 10:46:32 AM EST

In Mendicino county CA the local sheriff has been waging a War on Medical MJ.

No mention of the medical (none / 0) (#12)
by oculus on Thu Feb 26, 2009 at 11:18:10 AM EST

reason for growing her own MJ, but many references to the economic loss she'll incur. Author also states MJ is Mendocino County's largest crop dollar-wise. Interesting.


Really? (none / 0) (#18)
by squeaky on Thu Feb 26, 2009 at 11:34:12 AM EST

Maybe I read it wrong but it seemed clear that she had proper certification from her doctor and claimed to be within the guideline of having 25 plants.

I assume that she was supplying the Med MJ dispensaries.

In any case, Patrick, our local (TL) law enforcement commenter said a while back that the State Police had stopped busting legitimate Med MJ growers.

Fine line I guess.. Here is the google search Patrick suggested.

Seems like a big waste of time and resources to me.


In CA, she needs a written (none / 0) (#21)
by oculus on Thu Feb 26, 2009 at 11:41:37 AM EST

ok from a physician to have in her possession MJ for her own use for a medical reason. Doesn't give her permission to grow for others, for medical reasons or just because. Although I agree--not best use of county law enforcement resources.


It Appears (none / 0) (#26)
by squeaky on Thu Feb 26, 2009 at 11:47:23 AM EST

That she was certified to grow 25 plants for personal use. Nothing about making money from her crop.

This is truly an American story of our time right now, a devestating economic massacre for us personally and it has county-wide ramifications as at least 70% of the Mendocino economy is based on growing marijuana.....
it just doesn't make any sense to be busting and criminalizing tax-paying citizens, my neighbors and me operating within state and county guidelines.

For her having to buy the Med MJ would be a hardship. Others may be suppliers to dispensaries. In any case she claims to be operating legally.


Sheriff's Side of the Story (none / 0) (#29)
by squeaky on Thu Feb 26, 2009 at 12:02:43 PM EST

Here


: Hmmmm. Maybe the woman (none / 0) (#31)
by oculus on Thu Feb 26, 2009 at 12:46:08 PM EST

writing above didn't have her written permission slip to show the sheriff's deputies?

Here in Humboldt (none / 0) (#37)
by kaleidescope on Thu Feb 26, 2009 at 05:27:54 PM EST

We don't have a sheriff problem. A friend who works on the Arcata Volunteer Fire Department told me he drove down an Arcata street once with a thermal imaging camera and at one point encountered fourteen houses in a row that had grow rooms.

Humboldt is the land of Jefferson Jackson yeoman farm families.

Though it sure is strange how many people here have medical problems that require marijuana.


So, he violated the law? (none / 0) (#38)
by SeeEmDee on Fri Feb 27, 2009 at 07:14:12 AM EST

As in Kyllo v. US? Essentially engaging in what amounts to a warrantless search?

Sounds like you do have a problem...


: An Open Question (none / 0) (#39)
by kaleidescope on Fri Feb 27, 2009 at 05:35:36 PM EST

Was he acting in an official capacity? He is a volunteer fireman, after all. I don't think he'd say he was searching anything.
Which brings something scarier to mind. Thermal imaging cameras are easily available. Thieves probably make use of them to stage home invasion robberies, ripping off growers.
As for law enforcement, the Humboldt County Sheriff and the District Attorney have a policy of not busting small time grows because they are likely to have "215 Cards", which means the bust and/or prosecution would likely be a waste of time.

W00T! Time to celebrate! (none / 0) (#10)
by coigue on Thu Feb 26, 2009 at 11:11:12 AM EST

Well (none / 0) (#36)
by kaleidescope on Thu Feb 26, 2009 at 05:23:28 PM EST

Does anyone know what Obama actually said on the campaign trail that Holder seems to be incorporating by reference into DOJ enforcement policy?