Reason: Obama administration still breaking its promise on drug raids

posted at 3:35 pm on March 16, 2011 by Ed Morrissey

I suspect that most of the readers at Hot Air won’t be surprised to find the Department of Justice breaking its promise again to refrain from targeting medicinal-marijuana shops in states where voters have approved their operation. I also suspect that many here won’t shed tears for the operators of such stores, either. Reason TV catches a raid in progress in Los Angeles and reminds viewers that not only did Californians approve these stores years ago, Los Angeles just voted for a plan to tax them in order to close their budget gap:

“The DEA, with the assistance of the LAPD and the LASD served federal search warrants at approx. 210 pm this afternoon, March 15, 2011, as part of an on-going investigation. The warrants are federal and under seal by order of the court. Locations were 7800 and 8400 blocks of Santa Monica blvd, West Hollywood. We have one individual in custody right now, which may result in an arrest. Since the warrants are under seal I am unable to discuss any details regarding the warrants or investigation at this time.”

When asked about raids on medical marijuana dispensaries in California in February 2009, Attorney General Eric Holder indicated raids would end on state approved dispensaries.

“What the president said during the campaign … will be consistent with what we will be doing here in law enforcement … What (President Obama) said during the campaign … is now American policy,” said Holder.

Obama told the Medford Mail Tribune in Oregon during the 2008 campaign “I’m not going to be using Justice Department resources to try to circumvent state laws on this issue.”

“I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that’s entirely appropriate.”

On March 10, Los Angeles voters passed Measure M, or the “pot tax,” which will tax dispensaries by collecting $50 out of every thousand dollars made.

It’s possible in these two raids that there were other crimes suspected of the operators than just the sale of pot. Until the courts unseal the records, we won’t know the answer to that, as apparently no one in the DoJ wants to talk about it at the moment. If not, though, one can certainly argue that the statements of Obama and Holder about leaving state-licensed vendors alone amount to a moral case of entrapment, if not a legal case.

What is the actual Obama administration policy on licensed marijuana vendors in states like California? Shouldn’t they make that clear so that the operators of these clinics have a chance to adapt to a clear legal environment?


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Biggest threat to America (after the gays, of course).

Jeddite on March 16, 2011 at 3:38 PM

The Obama admin saying one thing, then doing another?

I’m shocked.

iurockhead on March 16, 2011 at 3:39 PM

The Slacker Doctrine

faraway on March 16, 2011 at 3:40 PM

There are some genuine non-profit medicinal pot distributors but there are some who are taking advantage of the laws and regularly breaking them. I know a contract accountant who was engaged by one of the firms and he had to leave because he figured out they were not in compliance with a range of laws and engaged in some outright illegal activity and he did not want to be involved or associated it.

lexhamfox on March 16, 2011 at 3:40 PM

What is the actual Obama administration policy on licensed marijuana vendors in states like California?

Policy? Hey, you got some stash? I’m gonna send my boys down and take it, cool!? Didja see my bracket picks?

ted c on March 16, 2011 at 3:42 PM

Obama administration still breaking its promise

on everything.

rbj on March 16, 2011 at 3:42 PM

Can’t help but to think back to the run-up to the 08 election; having had dozens of college students in/out of my home.. When asked what they liked about Obama, several of them said he promised to legalize marijuana… Which made him hip and cool of coarse.

Keemo on March 16, 2011 at 3:43 PM

I also suspect that many here won’t shed tears for the operators of such stores, either.

They should. They’ve got popular mandate. They’re creating wealth and jobs. They’re trying to reduce the financial capabilities of criminal organizations. Oh, and their prosecution is yet something else Obama has lied about.

If people allow their personal disapproval of the commodity to override their feelings about the rest of these factors, then those people’s priorities are sorely out of whack.

MadisonConservative on March 16, 2011 at 3:45 PM

This week there was a big simultaneous federal raid at shops across Montana, too. On the same day a state legislative committee was voting on whether to repeal the voter-approved medical marijuana law. (The repeal measure, which passed one house of the legislature, failed in the other on a tie committee vote.)

acasilaco on March 16, 2011 at 3:46 PM

Well here in my County in Ca. I can get a “prescription” for mary jane for migraines.Either make it legal or not but some of this is just a front for drug sales.

sandee on March 16, 2011 at 3:46 PM

What is the actual Obama administration policy on licensed marijuana vendors in states like California?

They create jobs?
More vendors = more competition?

BobMbx on March 16, 2011 at 3:46 PM

Shouldn’t they make that clear so that the operators of these clinics have a chance to adapt to a clear legal environment?

Make any policy clear? Heh, you’re a funny one you are.

Tim Zank on March 16, 2011 at 3:48 PM

Leave it to Californians to think that the solution to their budget problem is to smoke lots of dope.

True enough, a very small percentage of the population suffering from chronic pain and chemotherapy side-effects garner great benefit from medicinal marijuana, but the vast majority of ‘patients’ at these places are not suffering from anything other than a craving for pizza and an inexplicable fondness for Phish. There must be a better, safer, and more discriminating way to distribute this drug other than modern-day opium dens.

troyriser_gopftw on March 16, 2011 at 3:49 PM

NObama No Lie
Natural Mistake
We and Dem
‘Rat Race
Stink Baldhead

Christien on March 16, 2011 at 3:50 PM

s/b Stinky Baldhead

Christien on March 16, 2011 at 3:50 PM

I’m willing to bet that any owners/operators of marijuana shops that are black won’t be bothered. The idiot Holder won’t enforce the law on ‘his people’.

slickwillie2001 on March 16, 2011 at 3:52 PM

A clear policy……….you’ve got to be kidding.
Unless it involves spending money, golf or parties and vacations, there is no clear policy. That’s how they roll.

ORconservative on March 16, 2011 at 3:52 PM

I thought Obama was for green jobs?

modnar on March 16, 2011 at 3:52 PM

The sheriff of Los Angeles should tell the feds to go away.

End of problem.

Akzed on March 16, 2011 at 3:55 PM

It is not just the DEA…

IRS disallowed deductions — for buying marijuana, hiring employees, securing office space and more — based on § 280E of the federal tax code, which states that no deduction shall be allowed for any business trafficking in controlled substances.

http://taxprof.typepad.com/taxprof_blog/2011/03/irs-tries.html

slp on March 16, 2011 at 3:56 PM

We Weeded UP!
=============

W Weed

T The

F Future!(sarc).

canopfor on March 16, 2011 at 3:57 PM

I suspect that they were raided because they do not obey the law, Ed.

Blake on March 16, 2011 at 3:58 PM

Oh they are doing drug raids alright. In fact they just seized Georgia’s supply of drugs that they use for lethal injections in death penalty sentences.

Just A Grunt on March 16, 2011 at 4:00 PM

I have never met anyone with medical mj who had a medical condition that warranted mj. They were just users who got an illegal scrip for access to mj.

So, is ed not only a rino but a libertard, too?

Blake on March 16, 2011 at 4:00 PM

I wonder if the fines, lawyer fees, loss of inventory is tax deductible? LAPD was probably there to keep an eye on their benefits.

cartooner on March 16, 2011 at 4:01 PM

I and I Won

Christien on March 16, 2011 at 4:02 PM

It appears another Hopey Betrayal,and so far,
Obama has done the opposite of,what his voting
base wanted!!

canopfor on March 16, 2011 at 4:02 PM

Dude, that’s harsh.

unlisted on March 16, 2011 at 4:04 PM

It’s possible in these two raids that there were other crimes suspected of the operators than just the sale of pot.

If so, what was in those boxes being taken? Why were the shops shut down?

MeatHeadinCA on March 16, 2011 at 4:04 PM

I suspect that they were raided because they do not obey the law, Ed.

Blake on March 16, 2011 at 3:58 PM

Yeah and to think how much taxpayer money is wasted on courts!

cartooner on March 16, 2011 at 4:04 PM

Maybe the problem is,the Pot Stores,
are not UNIONIZED!!!

canopfor on March 16, 2011 at 4:05 PM

Maybe the problem is,the Pot Stores,
are not UNIONIZED!!!

canopfor on March 16, 2011 at 4:05 PM

Are you a member your local Mary Jane 411?

MeatHeadinCA on March 16, 2011 at 4:07 PM

I do have to say these pot shops have been sprouting up like weeds all over LA. There’s four in my little neighborhood. If it’s medicinal, shouldn’t it be going through CVS and Walgreens pharmacies, etc?

John the Libertarian on March 16, 2011 at 4:07 PM

Gahhhh 4-20 ^^^^^

MeatHeadinCA on March 16, 2011 at 4:08 PM

I suspect that they were raided because they do not obey the law, Ed.

Blake on March 16, 2011 at 3:58 PM

Funny, then, that they can’t apply that same standard to illegal aliens.

MadisonConservative on March 16, 2011 at 4:09 PM

So, is ed not only a rino but a libertard, too?

Blake on March 16, 2011 at 4:00 PM

“Look at me! I come up with insulting labels for anyone who doesn’t completely agree with me! That’ll show ‘em!”

MadisonConservative on March 16, 2011 at 4:10 PM

canopfor on March 16, 2011 at 4:05 PM
========================
Are you a member your local Mary Jane 411?

MeatHeadinCA on March 16, 2011 at 4:07 PM

MeatHeadinCA:You nut(i kid),I import,from Alsaka,
Mello MooseMoss,Jack The Bear Grizzly,
or,Deep Tundra Bunk!!haha(snark):)

canopfor on March 16, 2011 at 4:16 PM

So, is ed not only a rino but a libertard, too?

Blake on March 16, 2011 at 4:00 PM

Blake:So you have a link!!!!

canopfor on March 16, 2011 at 4:17 PM

OXY is a prescription drug that can be abused too, let’s make that illegal. Or pain-killers. The failure to recognize that a drug has medicinal qualities just because stoners use it to get high is just foolish. Medicine is drugs.

SittingDeadRed on March 16, 2011 at 4:18 PM

Oops,thats Alaska,not,Alsaka!!

canopfor on March 16, 2011 at 4:19 PM

speaking of police, there is some disturbing footage from bahrain here from the blaze.com

http://www.theblaze.com/stories/graphic-vid-shows-police-allegedly-beating-shooting-bahrain-protesters/

ted c on March 16, 2011 at 4:19 PM

I do have to say these pot shops have been sprouting up like weeds all over LA. There’s four in my little neighborhood. If it’s medicinal, shouldn’t it be going through CVS and Walgreens pharmacies, etc?

Yeah it should, but apparently those companies wouldn’t want to get raided by the Feds. Go figure.

SittingDeadRed on March 16, 2011 at 4:19 PM

I can’t find the article now but there was a write up this year about a woman who started a pot business here and how business and revenues tripled in months. The article framed it as a way to beat long term unemployment and poverty. How do you justify glorifying this business as cutting edge new small business but raid and arrest others?
Either legilize it or don’t but this sure seems to be another area of a total lack of leadership and incompetency.

ORconservative on March 16, 2011 at 4:20 PM

OT:

Under federal law, wiretaps may only be conducted in investigations of serious crimes, a list that was expanded by the 2001 Patriot Act to include offenses such as material support of terrorism and use of weapons of mass destruction. The administration is proposing to add copyright and trademark infringement, arguing that move “would assist U.S. law enforcement agencies to effectively investigate those offenses.”

Where is the outrage on the Left? The ACLU?

John the Libertarian on March 16, 2011 at 4:20 PM

Our current administration is not responsible for what it does. Really…it is someone elses fault

georgealbert on March 16, 2011 at 4:26 PM

C’mon y’all. After all, he’s an award-winning President.

kingsjester on March 16, 2011 at 4:27 PM

Gettin’ so a man can’t get his legally prescribed medicine!

Tim_CA on March 16, 2011 at 4:29 PM

Hey, you got some stash? I’m gonna send my boys down and take it, cool!?

ted c on March 16, 2011 at 3:42 PM

No. Most definitely, not cool!!

JohnGalt23 on March 16, 2011 at 4:32 PM

I have never met anyone with medical mj who had a medical condition that warranted mj. They were just users who got an illegal scrip for access to mj.

So, is ed not only a rino but a libertard, too?

Blake on March 16, 2011 at 4:00 PM

Wow…A political Genius AND a Licensed Medical Doctor.

Yer smaaaaaaaaart!

Tim_CA on March 16, 2011 at 4:33 PM

If it’s medicinal, shouldn’t it be going through CVS and Walgreens pharmacies, etc?

John the Libertarian on March 16, 2011 at 4:07 PM

From your keyboard to God’s CRT.

JohnGalt23 on March 16, 2011 at 4:34 PM

It’s really hard to get a Weed Card in California.

Don’t be Haters.

Adjoran on March 16, 2011 at 4:36 PM

“Look at me! I come up with insulting labels for anyone who doesn’t completely agree with me! That’ll show ‘em!”

MadisonConservative on March 16, 2011 at 4:10 PM

Yeah, but not as bad as you calling people who disagree with you homo.

Blake on March 16, 2011 at 4:36 PM

Yeah, but not as bad as you calling people who disagree with you homo.

Blake on March 16, 2011 at 4:36 PM

I’ve never done that. The only times I’ve ever done that has been with people I considered friends, as a joke. Nice try, though.

MadisonConservative on March 16, 2011 at 4:39 PM

I’ve never done that. The only times I’ve ever done that has been with people I considered friends, as a joke. Nice try, though.

MadisonConservative on March 16, 2011 at 4:39 PM

You’e full of shite. And when Hawk told you he didn’t find it amusing or friendly all you did is whine and carry on and try to justify it, loser.

Blake on March 16, 2011 at 4:42 PM

You’e full of shite…loser.

Blake on March 16, 2011 at 4:42 PM

You never disappoint.

MadisonConservative on March 16, 2011 at 4:45 PM

Has nothing to do with marijuana, and everything to do with war against the 10th Amendment.

Kenosha Kid on March 16, 2011 at 4:49 PM

It would be interesting to see the value of criminal marijuana being imported into the US since the pretend medical stoner shops were legalized.

Anyone think it’s decreased? If so, you may want to lay off the weed for a couple of days and sober up.

BKeyser on March 16, 2011 at 4:51 PM

What is the actual Obama administration policy on licensed THC vendors in states like California?

The DEA is in the process, or has, legalized THC in gel encapsulated form.

First, drug companies make synthetic THC, derived from cannibis and get it legalized as a schedule III drug – Marinol. Now, they want to make natural THC, which is a schedule I drug, into a schedule III drug, but only when encapsulated. The reason they want it changed to schedule III…because it acts just like the synthetic, and they are identical that way. The synthetic is already derived from the natural, which is something that isn’t mentioned on the website.

The DEA has received four petitions from companies that have products that are currently the subject of ANDAs under review by the FDA. Each product is a generic formulation of Marinol[supreg] and contains dronabinol, the (-) isomer of delta-9-(trans)- tetrahydrocannabinol (THC), which is a schedule I controlled substance. These petitions each requests amendments to Controlled Substances Act (CSA) regulations that would have the effect of transferring the proposed generic Marinol[supreg] product from schedule I to schedule III.

..

While the petitioners cite that their generic products are bioequivalent to Marinol[supreg], their products do not meet schedule III current definition provided above. Therefore, these firms have requested that 21 CFR 1308.13(g)(1) be expanded to include: (1) Both naturally-derived or synthetically produced dronabinol; and (2) both hard or soft gelatin capsules.

Therefore, in this rulemaking, DEA is proposing that 21 CFR 1308.13(g)(1) be modified to include generic equivalents of Marinol[supreg] which are (1) both synthetic or naturally-derived dronabinol; and/or (2) hard or soft gelatin capsules.

PART 1308–SCHEDULES OF CONTROLLED SUBSTANCES

1. The authority citation for 21 CFR part 1308 continues to read as follows:

[[Page 67059]]

Authority: 21 U.S.C. 811, 812, 871(b) unless otherwise noted.

2. Section 1308.13 is amended by revising paragraph (g) to read as follows:

Sec. 1308.13 Schedule III.

* * * * *

(g) Hallucinogenic substances. (1)(i) Dronabinol in sesame oil and encapsulated in a gelatin capsule in a drug product approved for marketing by the U.S. Food and Drug Administration (FDA)–7369.

(ii) Any drug product in hard or soft gelatin capsule form containing natural dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced from synthetic materials) in sesame oil, for which an abbreviated new drug application (ANDA) has been approved by the FDA under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) which references as its listed drug the drug product referred to in the preceding paragraph (g)(1)(i) of this section–7369.

Note to paragraph (g)(1): Some other names for dronabinol: (6a R-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6 H-dibenzo [b,d]pyran-1-ol] or (-)-delta-9-(trans)-tetrahydrocannabinol]

(2) [Reserved]

* * * * *

Dated: October 19, 2010.

Michele M. Leonhart,
Deputy Administrator.

http://www.deadiversion.usdoj.gov/fed_regs/rules/2010/fr1101.htm

Obama is pushing out the competition.

Patriot Vet on March 16, 2011 at 4:59 PM

Grow your own,I do,The pot shops are a joke.But FYI I can call a delivery service bring over what I need in less than an hour,Crazy world we live in,

Bobnormal on March 16, 2011 at 5:23 PM

If people allow their personal disapproval of the commodity to override their feelings about the rest of these factors, then those people’s priorities are sorely out of whack.

MadisonConservative on March 16, 2011 at 3:45 PM

Well, not shedding a tear isn’t necessarily the same thing as approving of what’s going on over there. I don’t have a lot of sympathy for PETA, but I can still acknowledge when they’ve been wronged, even if I might enjoy it a little.

But this is pretty messed up. They passed a law in their state and have been told they’d be left alone. I’d much prefer Obama to be honest about this instead of blindsiding people. Of course this is with the assumption that these raids are only about the sale of pot and not some other charge or issue.

Esthier on March 16, 2011 at 5:30 PM

Anyone think it’s decreased? If so, you may want to lay off the weed for a couple of days and sober up.

BKeyser on March 16, 2011 at 4:51 PM

I would imagine it has in California. No reason to pay someone to smuggle and risk being arrested when you can just grow your own or head to a shop.

Esthier on March 16, 2011 at 5:49 PM

Anyone think it’s decreased? If so, you may want to lay off the weed for a couple of days and sober up.

BKeyser on March 16, 2011 at 4:51 PM
I would imagine it has in California. No reason to pay someone to smuggle and risk being arrested when you can just grow your own or head to a shop.

Esthier on March 16, 2011 at 5:49 PM

You’d be wrong.

Demand has never been higher. We’re one of 50 states (57 if you’re Obama)…and our border security is a politically correct joke.

Do the math.

Tim_CA on March 16, 2011 at 6:30 PM

Help cut spending…legalize all drugs.

Karmi on March 16, 2011 at 6:33 PM

If it’s medicinal, shouldn’t it be going through CVS and Walgreens pharmacies, etc?

John the Libertarian on March 16, 2011 at 4:07 PM

Thats how Florida is run… A neighbor with cancer showed me the prescrip bag. Thankfully she beat cancer, though she was pissed they only allowed 2 grams a week..

Odie1941 on March 16, 2011 at 6:41 PM

It would be interesting to see the value of criminal marijuana being imported into the US since the pretend medical stoner shops were legalized.

Anyone think it’s decreased? If so, you may want to lay off the weed for a couple of days and sober up.

BKeyser on March 16, 2011 at 4:51 PM

Which is tougher? Getting a fake prescription, or a nickel bag?

MadisonConservative on March 16, 2011 at 6:48 PM

Where to begin…
No one in law enforcement – anywhere – takes Holder seriously. He’s a non-functioning figurehead. It’s no wonder his grand pronouncements about medical pot go unheeded.
If you want to smoke dope, for any reason, and don’t want some police agency or another after you, all you need to do is:
Get
The
Federal
Law
Changed.

Quit screwing around with these half-assed state-level “laws” that don’t have the ability to tell every agency at every level of government to back off.

n0doz on March 16, 2011 at 7:07 PM

Which is tougher? Getting a fake prescription, or a nickel bag?

MadisonConservative on March 16, 2011 at 6:48 PM

I don’t know. I’m not a pothead. But I’d be very surprised to find out that the drug cartels in Mexico have opted not to compete in the California market. Conversely, I’d be willing to bet a shiny new penny that statistics would show an increase in imported marijuana over the last decade in California.

BKeyser on March 16, 2011 at 7:32 PM

The DEA:

“We’ve got to protect our phoney-baloney jobs, gentlemen!

Harrumph! Harrumph!”

Bugler on March 16, 2011 at 7:49 PM

So wasn’t there some opinion that medical smoke and legitimate vendors would decrease the number of drive by killings because the teen gangs would be unable to compete?

HaHa.

ericdijon on March 16, 2011 at 7:58 PM

So, is ed not only a rino but a libertard, too?

Blake on March 16, 2011 at 4:00 PM

Better he be a libertard about marijuana than a propaganistic Big Government fascist about it.

Bizarro No. 1 on March 16, 2011 at 8:00 PM

Between this and the new whitepaper on IP crime, I’m out. You can’t actively and intentionally f*ck me on the two issues I plan to work on and expect to have my vote. 3rd party search begins…now.

ernesto on March 16, 2011 at 8:11 PM

When reached for comment, President Obama forcefully stated, “Fore!”

Mason on March 16, 2011 at 8:41 PM

Trafficking and tax invasion were cited as reasons for the raids in Montana. Can’t sell it across state lines which was happening. Also had a machine gun to protect his crop. $3.6M was seized in the raids. Always follow the money.

Kissmygrits on March 16, 2011 at 9:29 PM

The government has no business trying to control morality of any kind and that includes drugs, prostitution, gambling, any contract between consenting adults (yes, ANY!), etc.

I don’t have a problem with taxing these activities, but I do have a problem with criminalizing them. People should be free of the unwarranted intrusion of government into their private business as guaranteed by our constitution. It is past time to shut down the DEA and most of the other police functions of government.

woodNfish on March 16, 2011 at 10:41 PM

The government has no business trying to control morality of any kind…

Rape and murder? I think those are neato moral laws which the busybodies from government impose their morals on others.

woodNfish on March 16, 2011 at 10:41 PM

All laws are based on some kind of morality even if you disagree with them.

sharrukin on March 16, 2011 at 10:49 PM

Letting adults use something less harmful than alcohol should be a conservative position. Ooh, we’re all about personal freedom until a bunch of finger-waggers get offended by a plant. Bunch of damned hypocrites.

Now, throw up a bunch of straw men to make yourselves feel good; that’s what you do best. We know the drill: claim that we want kids skipping school to use it, despite specifically using the term “adults”; claim that we want people doing it at work or while driving around, etc. Anytime someone says we should treat it like alcohol in a legal sense, there’s always a parade of illiterate morons who think that that means there should be no rules at all, just like alcohol. Oh, wait, there ARE rules for the consumption of alcohol. But to people like this making sense makes no sense. Did I say a bunch of straw men? I meant marauding armies…

JimRich on March 17, 2011 at 1:18 AM

If we have to live under a government powerful enough to outlaw a weed, I wish they’d outlaw crabgrass. That crap is a real nuisance.

Bugler on March 17, 2011 at 6:19 AM

They raided two out of how many of these places??? That alone should tell you that they are not trying to close them all. But the Reason creeps want unfettered access to drugs. This headline and story is incredibly misleading. Of course, this is what I expect from Reason and any article Ed writes about the law.

Blake on March 17, 2011 at 7:56 AM

…are incredibly misleading.

Blake on March 17, 2011 at 8:01 AM

This headline and story is incredibly misleading. Of course, this is what I expect from Reason and any article Ed writes about the law.

Blake on March 17, 2011 at 7:56 AM

And yet you come here and read them.

MadisonConservative on March 17, 2011 at 8:54 AM

No, fluffer, I comment to correct the misinformation.

Blake on March 17, 2011 at 9:03 AM

Medical marijuana is a sham.

Oh, wait, the author of that article is Matt Labash and he hates Sarah Palin so it can’t be accurate at all. My bad.

Stupid Libertardians.

Dukeboy01 on March 17, 2011 at 9:14 AM

What I found interesting was the fact that the Federal police, enforcing a federal law were being supported by elements of the LAPD and LASD, City police and sheriffs operating against businesses that are legal under California law and LA, uhm, Ordinances?
One would think the Guv and Mayor Villar, city council, etc would want to have words with Lee Baca and Charlie Beck. You got some splainin to do!

Venril on March 17, 2011 at 4:15 PM