Michigan's Medical Marijuana Act of 2008 doesn't matter.
White House attitudes toward medical marijuana don't matter, nor does a U.S. Attorney General's directive in October ordering federal prosecutors to back off.
U.S. Drug Enforcement Adminstration agents continue to bust up medical marijuana growing operations around the country.
In Thomas Township last week, they struck again.
Federal agents assisted by township police stormed out of their vehicles last week, guns drawn, and took the marijuana and an estimated $10,000 in equipment that John Roberts and Stephanie Whisman had in their state-registered medical marijuana growing operation.
Their Bay City attorney, Ed Czuprynski, charged that the raid was harassment for the rally that Roberts organized the week before against Saginaw County Sheriff's Department raids, which included his operation in April. The rally also called for the recall of the sheriff.
The timing of the DEA action was, indeed, stinky. Although, DEA officials deny that their execution of a federal search warrant had anything to do with the rally.
Whatever.
The point is that Michiganders who voted in November 2008 overwhelmingly said the medical use of marijuana is A-OK with them.
But any marijuana use, possession and sale is against federal law.
What we appear to have in Thomas Township is the intersection of conflicting state and federal laws.
It's a place where U.S. Attorney General Eric R. Holder told federal prosecutors last fall not to go. He told them to back away from pursuing cases against medical mariuana patients.
Roberts is a patient registered in Michigan to grow and use marijuana for medical reasons. He and his fiancee are also state-registered caregivers allowed to grow marijuana for up to five patieents each. Roberts has said the marijuana they had on hand was less than the amount that state law allows them to have.
So, while it may appear that they were well within the dictates of Michigan's law, DEA agents have made a federal case out of them.
State law vs. federal law: Who's right?
The wishes of Michigan voters vs. a long-dead Congress that passed drug laws more than 30 years ago: Which lawmaking voice should prevail?
The attorney general says feds should concentate their war on marijuana on high-level traffickers, those using state laws as a cover for illegal activity and on money launderers.
Did local DEA agents get that memo?
Because the search warrant in Thomas Township would seem to contradict that directive.
It's passing strange, too, that township police accompanied federal agents on this search. Is their prime responsibility to enforce state laws, or federal laws regarding marijuana?
Lots of questions here, and not nearly enough answers.
With all the confusion – and ensuing excuses – in the law enforcement community regarding the status of marjuana in Michigan, raids such as this one probably are inevitable.
And it isn't just because Michgan authorities are still trying to figure out this new twist in the will of the people.
With 14 states, including Michigan, giving the OK to the therapeutic use of this drug, it's time for a federal referendum on medical marijuana.
It's probbaly too much to hope for Washington to go along wth these states.
But can we get some sort of law or executive order from the White House ordering federal agents to stand down in states where the people have voted, and given their OK?
Otherwise, this intersection of conflicting state and federal laws is going to end up in a crash, with more people caught up in a fight that they may not have seen coming.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: MLive.com
Author: The Saginaw News staff
Contact: MLive.com
Copyright: 2010 Michigan Live LLC.
Website: Thomas Township raid is at the intersection of conflicting state, federal marijuana laws
* Thanks to MedicalNeed for submitting this article
White House attitudes toward medical marijuana don't matter, nor does a U.S. Attorney General's directive in October ordering federal prosecutors to back off.
U.S. Drug Enforcement Adminstration agents continue to bust up medical marijuana growing operations around the country.
In Thomas Township last week, they struck again.
Federal agents assisted by township police stormed out of their vehicles last week, guns drawn, and took the marijuana and an estimated $10,000 in equipment that John Roberts and Stephanie Whisman had in their state-registered medical marijuana growing operation.
Their Bay City attorney, Ed Czuprynski, charged that the raid was harassment for the rally that Roberts organized the week before against Saginaw County Sheriff's Department raids, which included his operation in April. The rally also called for the recall of the sheriff.
The timing of the DEA action was, indeed, stinky. Although, DEA officials deny that their execution of a federal search warrant had anything to do with the rally.
Whatever.
The point is that Michiganders who voted in November 2008 overwhelmingly said the medical use of marijuana is A-OK with them.
But any marijuana use, possession and sale is against federal law.
What we appear to have in Thomas Township is the intersection of conflicting state and federal laws.
It's a place where U.S. Attorney General Eric R. Holder told federal prosecutors last fall not to go. He told them to back away from pursuing cases against medical mariuana patients.
Roberts is a patient registered in Michigan to grow and use marijuana for medical reasons. He and his fiancee are also state-registered caregivers allowed to grow marijuana for up to five patieents each. Roberts has said the marijuana they had on hand was less than the amount that state law allows them to have.
So, while it may appear that they were well within the dictates of Michigan's law, DEA agents have made a federal case out of them.
State law vs. federal law: Who's right?
The wishes of Michigan voters vs. a long-dead Congress that passed drug laws more than 30 years ago: Which lawmaking voice should prevail?
The attorney general says feds should concentate their war on marijuana on high-level traffickers, those using state laws as a cover for illegal activity and on money launderers.
Did local DEA agents get that memo?
Because the search warrant in Thomas Township would seem to contradict that directive.
It's passing strange, too, that township police accompanied federal agents on this search. Is their prime responsibility to enforce state laws, or federal laws regarding marijuana?
Lots of questions here, and not nearly enough answers.
With all the confusion – and ensuing excuses – in the law enforcement community regarding the status of marjuana in Michigan, raids such as this one probably are inevitable.
And it isn't just because Michgan authorities are still trying to figure out this new twist in the will of the people.
With 14 states, including Michigan, giving the OK to the therapeutic use of this drug, it's time for a federal referendum on medical marijuana.
It's probbaly too much to hope for Washington to go along wth these states.
But can we get some sort of law or executive order from the White House ordering federal agents to stand down in states where the people have voted, and given their OK?
Otherwise, this intersection of conflicting state and federal laws is going to end up in a crash, with more people caught up in a fight that they may not have seen coming.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: MLive.com
Author: The Saginaw News staff
Contact: MLive.com
Copyright: 2010 Michigan Live LLC.
Website: Thomas Township raid is at the intersection of conflicting state, federal marijuana laws
* Thanks to MedicalNeed for submitting this article
