http://drugsense.org/temp/NO2NwdeZfo2581.html
Oregon NORML's legal counsel Paul Loney and I met today with Acting US Attorney Dwight Holton and AUSA Jennifer Martin to discuss a letter he recently sent out to various clubs around the state, following the attached press release.
The most interesting thing he shared was that Attorney General Holder is expected to issue a new memo in the next couple of days clarifying the so-called Ogden memo to explain that the feds are not interested in prosecuting the sick and dying but are willing to go after commercial cannabis distribution centers where money is being exchanged for medical cannabis (along with industrial production centers in California).
He intends to act as a backstop to state law enforcement, by which he means that if a club is prosecuted unsuccessfully in state court, the feds will likely take the prosecution. He is also reiterated his willingness to use forfeiture law to seize buildings where landlords allow these business to exist.
We had a wide ranging discussion, which included the following points:
- This is a bottom up change in policy which began with conversations with treatment providers, particularly but not only in Southern Oregon, regarding a perceived increase in dependency, abuse and addiction which these providers attribute to the increased availability of cannabis. (I shared with him about how there are cardholders in recovery meetings and how I had represented a patient in Douglas County who was using cannabis as an exit drug for opiod addiction). The Willamette Week article precipitated the action.
- Although Multnomah County DA Mike Schrunk did not sign the letter, he supports the policy, but lacks the resources to enforce it.
- Paul and I emphasized that as with medical cannabis generally, the vast majority of clubs were trying to comply with the law. We shared that no one could enter any club unless they were a cardholder. This (distribution outside of the OMMP) is not his concern. Instead, his concern seemed focused on what appeared to be commercial enterprises (advertisements for 10% off on buds and medibles, e.g.) and also the franchise Club Pit Bull. He made clear that recommended donations that were the equivalent of street prices were sales however they were denominated.
- In this regard, they were not at all persuaded that the model in the attached article was legal under state law. (Jennifer said "I'd take that case")
- The feds have seized cannabis in 4 or 5 eastern states cultivated by OMMP growers. In the last 6 months, they have also seized about 1 million dollars in cash as a part of these investigations. We briefly discussed plant yield, and I am not the only one to whom growers boast of their yields. We also shared how growers regularly gave away pounds and pounds of their excess. Paul and I also explained how the yields are dramatically different on indoor gardens in urban areas from outdoor gardens in the southern part of the state.
- As an Oregonian, Dwight recognizes that the fundamental problem is the absence of a regulated supply system. As US Attorney, even with a regulated supply system, it would be problematic.
- Dwight sent letters to clubs who advertised on potlocater.com, and to places based on information from other law enforcement sources. (Kudos to Doug McVay for figuring this out correctly.)
I'm sure there was more, but that's what I remember.
- Dwight agreed to meet with American's for Safe Access' Steph Sherer when she is in town later this month, but declined Angela Fairless' invitation to speak at her upcoming event in Seaside. http://northcoastoregon.com/clatsops-community-conversation-on-cannabis-p4373-86.htm
Paul and I will be in San Francisco at the Marijuana Conference (http://www.mjbusinessreport.com/conferences/mj_conference_11.cfm) on Thursday, and in Bend at the OCDLA Annual Conference (http://www.ocdla.org/seminars/shop-seminar-2011-annualconference.shtml) on Friday and Saturday and will be willing to discuss this further then.
Lee Berger, Portland
