Why Hasn’t Federal Change Occurred?

As discussed below, the three branches of government are stuck: Federal judges and the Obama administration claim their hands are tied because of the legislature, and Congress has, thus far, not been able to pass anything. As the American system is set up for each branch to rely on each other, and each branch is impotent as it relates to medical cannabis, change has remained stale at the federal level.

Funny enough, since May 1978, a federal compassionate use program has been distributing medical cannabis to seriously ill Americans. This program distributes to four surviving patients. A website, procon.org, was able to contact several to discover they were receiving 9 ounces of cured cannabis, or 360 joints monthly!

1. Federal Judges Rely on Technical Rules to Deny Progress

Time and again, we are seeing judges side with the federal government. Their decisions are replete with statements of deference and a lack of judicial responsibility. Here in California, Oakland filed a lawsuit against the federal government on behalf of its biggest dispensary—arguing that closing the dispensary down would cause residents undue harm. Despite Oakland attorneys’ efforts, U.S. Magistrate Judge Maria-Elena James ruled there was no appropriate legal avenue for Oakland’s intervention. That means she did not even hear the merits of the case.

Similarly, in Washington, D.C., federal judges deferred to the DEA, using technical legal standards, and refused to classify cannabis. The court acknowledged that there is a serious debate in the United States over the efficacy of cannabis for medicinal uses, but using some serious double-negative language, said, “We find nothing in the record that could move us to conclude that the agency failed to prove by substantial evidence that such studies confirming cannabis’s medical efficacy do not exist.” Yeah, what does that mean? It basically means, we trust the DEA and they haven’t given us a reason not to trust them. Boom. Done. Not our problem.

2. The Executive Branch is Evasive and Passed the Buck Further

Since he took office, President Obama has been responsible for nearly 100 medical cannabis-related prosecutions, despite establishing a Justice Department policy that indicated he would do otherwise. In 2008, Obama made us believe that he wouldn’t go after the medical cannabis community, but used carefully chosen words so that he could not be called a liar when the DEA continued to raid dispensaries and collectives. In 2012, he similarly chose his words to tell the American people that he wouldn’t go after Washington and Colorado’s recreational users. He said, “We’ve got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal.” In a recent interview, though, the administration’s Drug Czar clarified that, just like with medical cannabis, the DEA would target the producers or distributers of recreational cannabis in those states.

3. Small Hope in Sight—Members of Congress Are Making Renewed Efforts

Last month, more than a dozen members of Congress co-introduced two pieces of legislation that would 1) reclassify cannabis for medical use and 2) provide federal defendants the right to introduce medical evidence at trial—a right they are currently denied.

Although I want to be optimistic, these measures—or ones like them—have been introduced to Congress before, only to die before a vote. This is where we, the American people can make a difference! Get in touch with your local representative and member of Congress to make sure your medical cannabis story is heard and represented!

Attorney Meital Manzuri is a medical cannabis expert, collective consultant and experienced criminal defense attorney. Those with questions about starting a collective or interested in scheduling a free consultation can call (310) 601-3140 or go to manzurilaw.com.