Back when he was running for president in 2008, Barack Obama insisted that medical marijuana was an issue best left to state and local governments. "I'm not going to be using Justice Department resources to try to circumvent state laws on this issue," he vowed, promising an end to the Bush administration's high-profile raids on providers of medical pot, which is legal in 16 states and the District of Columbia.
But over the past year, the Obama administration has quietly unleashed a multiagency crackdown on medical cannabis that goes far beyond anything undertaken by George W. Bush. The feds are busting growers who operate in full compliance with state laws, vowing to seize the property of anyone who dares to even rent to legal pot dispensaries, and threatening to imprison state employees responsible for regulating medical marijuana. With more than 100 raids on pot dispensaries during his first three years, Obama is now on pace to exceed Bush's record for medical-marijuana busts. "There's no question that Obama's the worst president on medical marijuana," says Rob Kampia, executive director of the Marijuana Policy Project. "He's gone from first to worst."
The federal crackdown imperils the medical care of the estimated 730,000 patients nationwide – many of them seriously ill or dying – who rely on state-sanctioned marijuana recommended by their doctors. In addition, drug experts warn, the White House's war on law-abiding providers of medical marijuana will only drum up business for real criminals. "The administration is going after legal dispensaries and state and local authorities in ways that are going to push this stuff back underground again," says Ethan Nadelmann, director of the Drug Policy Alliance. Gov. Lincoln Chafee of Rhode Island, a former Republican senator who has urged the DEA to legalize medical marijuana, pulls no punches in describing the state of affairs produced by Obama's efforts to circumvent state law: "Utter chaos."
In its first two years, the Obama administration took a refreshingly sane approach to medical marijuana. Shortly after Obama took office, a senior drug-enforcement official pledged to Rolling Stone that the question of whether marijuana is medicine would now be determined by science, "not ideology." In March 2009, Attorney General Eric Holder emphasized that the Justice Department would only target medical-marijuana providers "who violate both federal and state law." The next morning, a headline in The New York Times read OBAMA ADMINISTRATION TO STOP RAIDS ON MEDICAL MARIJUANA DISPENSERS. While all forms of marijuana would remain strictly illegal under federal law – the DEA ranks cannabis as a Schedule I drug, on par with heroin – the feds would respect state protections for providers of medical pot. Framing the Obama administration's new approach, drug czar Gil Kerlikowske famously declared, "We're not at war with people in this country."
That original hands-off policy was codified in a Justice Department memo written in October 2009 by Deputy Attorney General David Ogden. The so-called "Ogden memo" advised federal law-enforcement officials that the "rational use of its limited investigative and prosecutorial resources" meant that medical-marijuana patients and their "caregivers" who operate in "clear and unambiguous compliance with existing state law" could be left alone.
At the same time, Ogden was concerned that the feds not "be made a fool of" by illegal drug traffickers. In that vein, his memo advised U.S. attorneys to focus on going after pot dispensaries that posed as medicinal but were actively engaged in criminal acts, such as selling to minors, possession of illegal firearms or money-laundering. The idea, as Holder put it, was to raid only those hardcore traffickers who "use medical-marijuana laws as a shield."
The Ogden memo sent a clear message to the states: The feds will only intervene if you allow pot dispensaries to operate as a front for criminal activity. States from New Mexico to Maine moved quickly to license and regulate dispensaries through their state health departments – giving medical marijuana unprecedented legitimacy. In California, which had allowed "caregivers" to operate dispensaries, medical pot blossomed into a $1.3 billion enterprise – shielded from federal blowback by the Ogden memo.
The administration's recognition of medical cannabis reached its high-water mark in July 2010, when the Department of Veterans Affairs validated it as a legitimate course of treatment for soldiers returning from the front lines. But it didn't take long for the fragile federal detente to begin to collapse. The reversal began at the Drug Enforcement Agency with Michele Leonhart, a holdover from the Bush administration who was renominated by Obama to head the DEA. An anti-medical-marijuana hard-liner, Leonhart had been rebuked in 2008 by House Judiciary chairman John Conyers for targeting dispensaries with tactics "typically reserved for the worst drug traffickers and kingpins." Her views on the larger drug war are so perverse, in fact, that last year she cited the slaughter of nearly 1,000 Mexican children by the drug cartels as a counterintuitive "sign of success in the fight against drugs."
In January 2011, weeks after Leonhart was confirmed, her agency updated a paper called "The DEA Position on Marijuana." With subject headings like THE FALLACY OF MARIJUANA FOR MEDICINAL USE and SMOKED MARIJUANA IS NOT MEDICINE, the paper simply regurgitated the Bush administration's ideological stance, in an attempt to walk back the Ogden memo. Sounding like Glenn Beck, the DEA even blamed "George Soros" and "a few billionaires, not broad grassroots support" for sustaining the medical-marijuana movement – even though polls show that 70 percent of Americans approve of medical pot.
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