MEMORANDUM FOR UNITED STATES ATTORNEYS

FROM: James M. Cole
Deputy Attorney General

SUBJECT: Guidance Regarding the Ogden Memo in Jurisdictions
Seeking to Authorize Marijuana for Medical Use

Over the last several months some of you have requested the Department’s assistance in responding to inquiries from State and local governments seeking guidance about the Department’s position on enforcement of the Controlled Substances Act (CSA) in jurisdictions that have under consideration, or have implemented, legislation that would sanction and regulate the commercial cultivation and distribution ofmarijuana purportedly for medical use. Some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance. You may have seen letters responding to these inquiries by several United States Attorneys. Those letters are entirely consistent with the October 2009 memorandum issued by Deputy Attorney General David Ogden to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana (the “Ogden Memo“).

The Department ofJustice is committed to the enforcement ofthe Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels. The Ogden Memorandum provides guidance to you in deploying your resources to enforce the CSA as part of the exercise of the broad discretion you are given to address federal criminal matters within your districts.

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Text of the Department of Justice’s “Ogden Memo” – October 19, 2009
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In the yesterday’s newspaper article the DOJ’s 2009 Ogden Memo was mentioned, here is the full text of the document:

USDOJ Seal
U.S. Department of Justice
Office of the Deputy Attorney General
The Deputy Attorney General
Washington, D.C. 20530
October 19,2009

MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS

FROM: David W. Ogden
Deputy Attorney General

SUBJECT: Investigations and Prosecutions in States
Authorizing the Medical Use of Marijuana

This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.

The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.

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Safe Access DC’s Protest at the Department of Justice
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Today I attended the Americans for Safe Access demonstration at the Department of Justice Building in downtown Washington, DC.

Safe Access DC's Protest at the Department of Justice

This was written by Steph Sherer:

Stand in solidarity with me for a National Day of Action this Monday, May 2, 2011. Our community is sick and tired. We are suffering from chronic or debilitating conditions, and we are weary of false promises that do nothing to protect our rights as patients.

After previously giving us a false sense of security, the Obama administration now continues to ignore state laws and raid medical cannabis patients and facilities, while creating new ways to marginalize our community, including issues related to patient privacy, access, banking, taxation, and threats of filing suit against state employees who participate in upholding state law. This community is still under attack.

Just yesterday, our community witnessed raid activity in Washington State and on Monday, our community will lose two more of our brothers and sisters to the failed war on drugs. Dale Shafer and Dr. Mollie fry will turn themselves over to federal agents to serve five-year mandatory minimum sentences for legally participating in state sanctioned medical cannabis programs. Enough is enough and Monday, May 2, 2011 is our time to take stand against federal interference!

Fellow community members and local activists are preparing to deliver ASA’s Cease and Desist to local DEA offices and federal buildings across the country. Commit to do the same. Join activists in several cities across the country. Locations include, but are not limited to, the following areas: Washington State, Oregon, Rhode Island, Colorado, Montana, Michigan, Maine, New Jersey, Washington, DC, California, Arizona, Nevada, and Maryland. To find out what is going on in your area, email action@safeaccessnow.org, or print out the Cease and Desist Order and take it to a local DEA Office or Federal Building near you on Monday!! Remember: if you don’t stand up for safe access, who will?

Special Patients’ Rights Rallies will be occurring in both Washington, DC outside of the Department of Justice at 12pEST (event flyer) and outside of the Federal Courthouse in Sacramento, CA at 12pPST for Dale Schafer and Dr. Mollie Fry (event flyer).

It’s thanks to the support from our members that ASA is able to hold Days of Action like this one. Please consider making a donation to ASA today, so we can continue to strengthen our fight for safe access.

I look forward to participating in our National Day of Action for patients’ rights with you on Monday, May 2, 2011.

D.C. Medical Marijuana Law Enacted then Temporarily Suspended by District Council
|| 3/2/2010 || 2:07 pm || 1 Comment Rendered || ||

I am quoted in this press release from Americans For Safe Access.
+ Click here to join the Washington, DC Facebook Group

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Earlier this month I, along with 10 other District residents, founded the Washington, DC Chapter of Americans For Safe Access, which is America’s largest patient advocacy organization with over 50,000 members. Since Congress had prevented Initiative 59 from becoming law for so long, there has never been the opportunity for the local chapter to form. Over the last couple weeks we’ve met a few times and have deconstructed the amendments to Initiative 59. Below is the official position of the Washington, DC ASA Chapter concerning the amendments:

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Nikolas Schiller is a second-class American citizen living in America's last colony, Washington, DC. This blog is my on-line repository of what I have created or found on-line since May of 2004. If you have any questions or comments, please contact: