Read the Department of Justice’s “Haag Memo” here:

http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf

In a little-publicized memo, the federal government has indicated that the

gloves are off with regards to medical marijuana dispensaries, “regardless

of state laws.” Previous memos had indicated a loosening of federal

prosecutions of medical marijuana, however the new memo states very clearly

that the feds consider all dispensaries illegal under federal law and that

their prosecution is a “core priority” of the feds.

The “Haag Memo” was written on Feb. 1, 2011 from United States Attorney

Melinda Haag (Northern District of California) to John A. Russo, Esq.,

Oakland City Attorney, in response to an Oakland City Council request for

guidance regarding medical marijuana and federal law. The memo was written

with consultation and approval from U.S. Attorney General Eric Holder.

The “Haag Memo” clarifies the “Ogden Memo”, which was written by former

Deputy Attorney General David W. Ogden on Oct. 19, 2009 for the Department

of Justice. The “Ogden Memo” seemed to indicate that the new Obama

administration would restrict federal prosecution of medical marijuana

providers in states that had medical marijuana laws. This was heralded by

many as giving them the green light to pursue medical marijuana activities,

as long as they were in compliance with state law.

The “Haag Memo” clears up that misconception with some very unambiguous

statements. The memo says clearly that the feds will not look the other way

on medical marijuana. The “Haag Memo” states very clearly that the feds

will continue to investigate, arrest and prosecute medical marijuana

dispensaries in every state “regardless of state laws.”

In addition, the memo calls prosecuting medical marijuana dispensaries a

“core priority” for the feds.

According to the memo, medical marijuana commercial activity is still

considered by the Department of Justice to be “a violation of federal law

regardless of state laws permitting such activities.”

The memo may be the cause of the recent increase in federal raids at

medical marijuana dispensaries. Only 4 days after the memo was issued, the

DEA raided 4 dispensaries in California Just this week, the DEA raided

more dispensaries in California and Montana. They arrested dozens of

people, and seized the assets and bank accounts of several dispensaries.

MORE QUOTES FROM THE HAAG MEMO

“We will enforce the CSA vigorously against individuals and organizations

that participate in unlawful manufacturing and distribution activity

involving marijuana, even if such activities are permitted under state

law.”

“Others who knowingly facilitate the actions of the licensees, includmg

property owners, landlords, and financiers should also know that their

conduct violates federal law.”

“As the Attorney General has repeatedly stated, the Department of Justice

remains fumly (sic) committed to enforcing the CSA in all states.”

READ THE DOJ MEMOS:

“Haag Memo” (Feb. 1, 2011)

http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf

“Ogden Memo”: Oct. 19, 2009

http://blogs.usdoj.gov/blog/archives/192

IMPLICATIONS FOR COLORADO

“Maybe this will wake people up who think that it can’t happen here,” says

Kathleen Chippi of the Colorado-based Patient and Caregiver Rights

Litigation Project (cannabislawsuits.com), who is trying to raise money to

file lawsuits to uphold Colorado’s Constitutional right to cannabis

medicine. Many legal observers agree that Colorado has the best chance of

fighting the feds in court because Colorado is the only state whose medical

marijuana law is actually in the state Constitution.

However, last year the state of Colorado set up a regulatory scheme that

required caregivers to surrender their Constitutional rights. The state

created a new entity called a Medical Marijuana Center (MMC). However, in

order to apply to become an MMC, the applicants had to surrender their

Constitutional rights to be caregivers, leaving them with no Constitutional

protection.

MMC applicants also had to sign their power of attorney over to the state

Department of Revenue for extensive investigations of every aspect of their

lives, including family, spouses, children, and bank accounts. Over 700

people applied to become MMCs last July 1, 2010. The investigations on

these applicants are in full swing, and no licenses to applicants have yet

been granted.

For more information, contact the:

Cannabis Therapy Institute

877-420-4205