Lies: How Eric Holder Defended the Crackdown on Medical Pot

By Phillip Smith

Pot advocates called Holder out for being a liar when he said the Justice Department only busts people or organizations violating state laws.

June 12, 2012  |  

US Attorney General Eric Holder appeared before the House Judiciary Committee last Thursday and defended his Justice Department's crackdown on medical marijuana cultivation and distribution. Holder told committee members the agency was only targeting only those medical marijuana businesses that were "acting out of conformity… with state law."

That had medical marijuana defenders up in arms at what they called his falsehoods. Advocates pointed to numerous dispensaries and other medical marijuana-related enterprises that were operating in compliance with state laws and with the support of local elected officials that have been raided by the DEA or subjected to other federal enforcement actions.

Holder's comments came in response to questioning from Rep. Jerrold Nadler (D-NY), who pointed out that during his 2008 presidential campaign, Barack Obama had promised that he wouldn't use "Justice Department resources to try to circumvent state laws on this issue."

Holder agreed that the Justice Department had broken with Bush administration policy and promised not to go after people operating in compliance with state laws. But large-scale growers and dispensaries have "come up with ways in which they are taking advantage of these state laws and going beyond that which the states have authorized," Holder added. "Those are the only cases we've being going after."

Nadler pointed out that since 2009, the DEA and federal prosecutors have raided almost 200 dispensaries and growers and indicted more than 60 medical marijuana providers on federal drug charges and again asked Holder to clarify.

Holder responded that the Justice Department is only going after "those individuals (and) organizations that are acting out of conformity... with state laws."

Holder added, however, that in some cases, mainly in Colorado, the department was also targeting dispensaries located "too close" to schools. Those enforcement actions were taken not because the dispensaries were violating state laws, but because they were inside the 1,000-foot range specified by an enhanced federal sentencing statute.

Holder "lied to the House Judiciary Committee" in saying the Justice Department was only going after dispensaries and growers that were not in compliance with state laws," California NORML (CANORML) retorted bluntly. "The Justice Department's bad faith seriously impugns the credibility and competence of Attorney General Holder and his administration."

Steph Sherer, executive director of Americans for Safe Access (ASA), was only slightly more politic.

"What he said to our congressional representatives should be alarming not only to medical cannabis patients, but also to policymakers and the general public, because, based on all of the available information we have, it surely must be a lie," she wrote on the Huffington Post.

The Marijuana Policy Project (MPP) was a bit more diplomatic.

"The problem with Holder's statements is that the federal government's determination of compliance with state law is still fairly ambiguous, even arbitrary," MPP spokesman Morgan Fox told the Chronicle. "This makes it difficult for medical marijuana providers to know if they are safe, creating a chilling effect on the entire industry and resulting in pain, suffering, and potential danger for patients forced to resort to the illicit market."

The states should decide whether a dispensary is violating state law, he added.

"At the end of the day, it should be state authorities who determine if operators are in compliance with state law, not federal prosecutors who view the entire industry through a filter of illegality," Fox said. "Beyond that, using any federal resources to interfere with medical marijuana in states where it is legal is an inexcusable waste when there are far more serious problems that need attention."


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