Today Colorado-based and national representatives of LEAP sent a stern letter to U.S. Attorney John Walsh, pushing back against his recent threats to medical marijuana centers that operate legally under state and local law.  The full text of the letter follows, and is also available as a PDF here. 
January 23, 2012
Dear U.S. Attorney John Walsh:
    As fellow law-enforcement colleagues vitally interested in the  health and well-being of children, we must respectfully register our  fundamental objection to your recent issuance of 23 letters threatening  state-legal Colorado Medical Marijuana Centers and their landlords with  civil, criminal and forfeiture sanctions. That you would justify this  action on the basis of the locations in question being too close to  schools for your liking (compliance with state and local law  notwithstanding) is ironic and highlights the failure of the very  federal marijuana prohibition policy that underlies the threats in your  letter, as we’ll explain.
    Certainly, you must be aware that the voters of Colorado and the  Colorado legislature – like the voters and lawmakers of 16 other states –  have made it abundantly clear that marijuana is medicine for many  people and for many ailments, and that its use and provision to patients  should be allowed under the law. 
    Almost two years ago, in a bipartisan fashion, the Colorado Senate  and House of Representatives enacted a strict dual licensing system for  Medical Marijuana Centers that requires a license by the local and state  government. All the businesses you have targeted are operating with  approval from their local governments and the state of Colorado. 
        For you to join maverick prosecutors in California, Montana,  Rhode Island, Washington and other states in going out of your way to  short-circuit the will of the people and their elected representatives  and to place obstacles between patients and their medicine is  short-sighted and inimical to the public health, safety and welfare.   Your actions bring law-enforcement into disrepute with the spoken will  of the voters and their state representatives.
    No law prohibits the location of a physician’s office, hospital or  pharmacy within 1,000 feet of a school.  So, why would you exercise your  prosecutorial discretion in such a way so as to make life more  difficult for certain patients and their caregivers in Colorado? It’s  not as if these actions will do anything to reduce the illegal trade in  marijuana – near schools or otherwise. Expect quite the opposite.
          
    Those of us who have been working on the front lines to enforce –  and reform – the drug laws in this country for years have frequently  heard about medical marijuana patients who had to hit the streets to  find the doctor-recommended medicine they needed. The medical marijuana  centers in Colorado have provided patients like this a safe alternative  and have reduced marijuana distribution on the streets. You are doing a  disservice to the state of Colorado by using your discretionary  prosecutorial power to undermine state and local regulations in a manner  that will likely increase the underground distribution of marijuana.
    You seek to put medicine outside the reach of sick people in the  name of law enforcement and federal legal superiority under the guise of  a minimum 1,000-foot separation between a school and medicine.
    Instead, please recognize that the longstanding policy of  prohibition itself – which we, like you, were once charged with  enforcing – has made schools and parks the focal point for drug  distribution, drug information and drug requisition. 
    We can blame marijuana prohibition for the fact that the federal  Monitoring the Future study found that a whopping 82% of high school  seniors say that it would be “fairly easy” or “very easy” to get their  hands on marijuana. Sixty-nine percent of tenth graders report the same  thing. Prohibition-empowered drug dealers within our schools are  responsible, not licensed and regulated dispensaries. Studies from Brown  University and elsewhere show that state medical marijuana laws have  not led to increases in teenage marijuana use rates compared to states  without legal medical marijuana. Any federal actions to expand the reach  of marijuana prohibition and close down Medical Marijuana Centers in  Colorado will not be good for public safety, they won’t be good for kids  and they certainly won’t help patients.
    Prosecutorial discretion is broad but not without limits, such as  good reason, thoughtfulness, judgment and a rational relationship to the  public health, safety and welfare, not to mention the will of the  people of the State of Colorado. Please consider the full consequences  of following through on your recent letters before any further action by  your office on this matter.
Sincerely,
  
Neill Franklin
Executive Director
Law Enforcement Against Prohibition
Leonard Frieling
Former Municipal Court Judge, Lafayette, Colorado
Practicing Criminal Defense Attorney, Boulder, Colorado
Tony Ryan
Retired Lieutenant Police Officer, Denver Colorado
 
 
 

Please support this important question, that Obama will have to answer on January 30th 2012, if you tell enough people about it:
ReplyDelete"Why do you ignore the historical fact and obvious reality, that the prohibition of psychotropic substances for adults is a discriminating and fascistoid tool, supplying billions to the Mafia monopoly and preventing control of access, age and quality?"
http://www.youtube.com/whitehouse
Search for "fascistoid" to find it.
Way to go! Although I don't live in CO., your letter/your stand recognizes that in a democracy, the federal government, against the rights and the laws of a state, are not to be taken lightly. Laws are made to protect persons, property or things; not to terrorize the people.
ReplyDeleteMarijuana laws in general are wrong, as well as other laws prohibiting other plants and extractions, that adults wish to possess and/or use, for whatever purpose, unless the purpose is to actually harm others, as in the distribution to children. That should be the limit of the law, to protect children, not to wreak havoc among adults that leads externally to the deaths of almost 50,000 human beings in Mexico, our neighbors.
The federal government should "stand down". It should get rid of the ONDCP whose only job is to lie to and misinform the public regarding Schedule 1 drugs. That marijuana is still a S1 drug is ludicrous. The NIH has a patent of cannabis as therapeutic. Pharmaceutical companies/labs, have synthesized drugs from the cannabis plant - not out of thin air. The idea that cannabis is without any medical benefit is an insult to Americans, and should not be tolerated.
It is only through efforts like yours, LEAP, that we can have hope for a better future.
Thank-you!
They arrest the medically approved patient and close up shops that have been approved by certain local governments in California.
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