Constitutional Law

U.S. Attorney Sends Mixed Messages On Medical Marijuana

The U.S. attorney in Los Angeles is sending mixed signals on whether to support or hinder California's law allowing marijuana for medical purposes. Last week, the Los Angeles Times reported that U.S. Attorney Thomas P. O'Brien issued an order to stop prosecutions of medical marijuana cases. O'Brien's missive followed on the heels of U.S. Attorney General Eric Holder's suggestion that going after states that allow distribution of marijuana for medical purposes would not be a top priority for the new administration.

But not long after ordering a halt to pursuing medical marijuana cases, O'Brien issued another e-mail telling prosecutors to resume their work on the cases. No one in the Los Angeles U.S. attorney's office has commented on the reversal. But Alex Capron, a professor of law and medicine at USC, told the newspaper that O'Brien likely wanted to deliberate on the matter. 'On the one hand, there's a very vocal constituency that wants this treated like a medical issue,' Capron said. 'On the other, there's a very vocal constituency that regards allowing medical marijuana treatment as a very slippery slope toward the legalization of drugs. He doesn't want to look like he's abandoning his commitment to law enforcement.'

On the campaign trail, then-Sen. Obama said that he would not likely continue the Bush administration's relentless pursuit of medical marijuana cases. In 1996, Californians voted to allow marijuana for medical purposes. Twelve other states also permit medical marijuana. Federal law, however, outlaws all uses of the drug. In a recent interview with The Washington Times, White House spokesperson Nick Shapiro said, 'The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind.'

In a recent editorial, the Los Angeles Times said halting federal government raids of medical marijuana dispensaries 'is certainly worthwhile – there are better uses for the DEA's limited resources than locking up people who sought relief from the ravages of, say, chemotherapy – but as a long-term policy, it is unworkable. Last year, California Att. Gen. Jerry Brown issued guidelines for the cultivation, dispensing and use of medical marijuana. A review of them would be a good place for the Obama administration to start when crafting its own.'

Full post as published by ACS Blog on March 10, 2009 (boomark / email).