LEAP Pushes Back Against Federal Threats to Colorado's Medical Marijuana Program

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

Colorado Cop and Judge Collect Signatures for 2012 Marijuana Legalization Initiative

 Former Law Enforcers Say Marijuana Prohibition Has Failed and Harms Public Safety

 DENVER, CO --  Police officers, judges and other criminal justice professionals who once enforced Colorado's marijuana prohibition laws are now helping to get an initiative to legalize and regulate marijuana onto the state's 2012 ballot. This Wednesday a former Denver cop and a former Lafayette judge will participate in a signature gathering drive to support the new initiative by the Campaign to Regulate Marijuana Like Alcohol.

"During my 36 years as a Denver cop I arrested more people for marijuana than I care to remember, but it didn't amount to one bit of good for our citizens," said Tony Ryan, a former officer with the Denver Police Department and a board member for Law Enforcement Against Prohibition. "Keeping marijuana illegal doesn't do anything to reduce marijuana use, but it does benefit the gangs and cartels who control the currently illegal marijuana trade."

WHO: Cop and judge who support legalizing marijuana
WHAT: Signature gathering effort for 2012 marijuana initiative
WHEN: Wednesday, August 3 at 1:00 PM MT
WHERE: In front of the Denver City and County building, 1437 Bannock St., Denver

Another member of LEAP, former Lafayette judge Leonard Frieling, added, "When so many murders, rapes and robberies go unsolved, it makes absolutely no sense to keep taking up space in our courtrooms and jails with people arrested for marijuana possession. And even on the distribution end, no matter how many drug cartels and gangs we bust, there are always more criminals willing to step up and risk their lives and freedom for a chance at lucrative black market profits. Our state's voters have the power to strike a bigger blow against organized crime with this initiative to treat marijuana like alcohol than any amount of skill and dedication in the criminal justice system ever can."

The anti-prohibition law enforcers are just a few members of a huge statewide effort to collect signatures to place the marijuana legalization initiative on next year's ballot. More information about the initiative and details about how to get involved in the signature gathering drive can be found at http://www.RegulateMarijuana.org.

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, prison wardens, federal agents and others who want to legalize and regulate marijuana after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition is not only ineffective but causes violence and crime. More info is available at http://www.leap.cc.

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NEWS ADVISORY: August 2, 2011
CONTACT: Tom Angell, Law Enforcement Against Prohibition - (202) 557-4979 or media@leap.cc
                 Mason Tvert, initiative proponent  - (720) 255-4340 or mason@saferchoice.org