Are The Feds Finally Recognizing Medical Marijuana?

While states like Michigan, New Mexico and Rhode Island have recipriocity for out-of-state medical cannabis patients, to date NORML was not aware of a AUSA recognizing such (though, on occasion, we’ve seen the Transportation Security Administration (TSA) not act upon medical cannabis patients caught with small amounts of their medicine). This may well be another change under the current Obama administration as both the Clinton and Bush 2.0 administrations prosecuted state authorized medical cannabis patients caught up in federal arrests.

On June 30, 2009 in the Federal District Court of New Mexico, Assistant US Attorney John Anderson agreed, on the record, to Honor the Medical Marijuana Recommendation of Charles Smith of Shasta Lake, California. Federal District Court Magistrate Judge Lorenzo Garcia further agreed to accept the State’s proposed recommendation of a Conditional Discharge upon provision of Mr. Smith’s Medical Marijuana Recommendation to the US Attorney’s office. This historic moment occurred during the federal Government’s prosecution of cases related to the Annual Rainbow Gathering that occurs in different states around the country and involves a large Federal Law Enforcement presence. The cases were prosecuted as civil collateral forfeitures and the records have been transferred to the Central Violations Bureau for the Federal Government. Five Medical marijuana recommendations were honored including those from Wyoming, California, Hawaii and Washington State. This is the first time in modern history, in which it is known that the US Attorney and the Federal District Court agreed to accept medical marijuana recommendations and licenses in order to dismiss marijuana possession charges.
This historic series of events followed the filing of a law suit by Bryan Krumm of New Mexicans for Compassionate Use in New Mexico Federal District Court in 2008. During those proceedings members of New Mexicans for Compassionate Use were able to speak to Justice Department representatives about the statements in March of 2009 by Eric Holder, US Attorney General, that medical marijuana would no longer be prosecuted. After this conversation in May of 2009, Attorney General Holder came to New Mexico in June of 2009 and again gave a public presentation on the matter stating that legally established medical marijuana distribution operations and legally sanctioned medical marijuana users (all under state laws), would not be prosecuted by the Federal Government. During the proceedings it was revealed that the AUSA’s prosecuting the cases in New Mexico told Defendants that they were not returning the medicine and that they would be prosecuted if they were caught with Marijuana in the National Forest again. During discussions with the US Attorney and his Assistants at the Court, long time Federal Criminal Defense Attorney Judy Rosenstein discovered that the US Attorney for New Mexico, Gregory J. Fouratt, was not involved in that decision to impose conditions on the Defendants.
Contact Attorney John McCall for more information on this case. Charles Smith has given permission for this information to be released to the public and is available, somewhere in the woods around Shasta Lake, if you want to find him and talk to him about his experience.
You can go to Youtube Lisa Law for video of the Rainbow Gathering and Law Enforcement activities.

0 thoughts

  1. YAY!!! I’m so glad to hear this news. Progress! Reform! Justice! The end to Prohibition! It’s coming friends, it’s coming! Keep up the good fight!

  2. HOT DAMN!! Something that makes sense maybe there is hope!! Don’t let up do all you can in the fight to stop the greed that rules our country. It is time to end the racist War On US (drugs). Think of all the people we could stop putting in jail for making a personal choice!!
    Cherokee Fred Jesus

  3. So a medical marijuana recommendation from a non-medical marijuana state (Wyoming) was honored? This is another one of those tiny things that will be touted decades from now as one of those important and pivotal baby steps towards the goal of responsible personal freedom.

  4. Stories like this will inspire excellent media coverage as it has two positive perceptible sides to it; the feds look good because they are accepting the inevitable fact or they look like the evil big brother when they prosecute medical marijuana users.
    Others like “Is Medical Marijuana effective” inspire a debate on whether it is a viable medicine or just a way to get high.

    That tyrrant is the “shadow government” that has the entire world in its clutches. That “shadow government” shall hereinafter be referred to as “My Eveil Brother.”
    Our leaders are elected by the governed, to satisfy our false illusions of liberty, and our fantacy of individual freedom. Once We the People are satisfied with our false conception of our right to govern ourselves, those elected leaders then follow the will of My Evil Brother. The Will of the People, is the Will of My Evil Brother only.
    When men are ruled by men, conflict exists. The art of separation creates enemies, and enemies are easily controlled, especially when conflict requires funding.
    Logic carries no weight. Only the weight of the stone cast at us, or the lash of the whip across our backs, satisfy My Evil Brother. Today…My Evil Brother is intent upon taking away our last liberties, and controlling our lives and our possessions. Whether we like it or not…”WE HAVE BECOME A CONTROLLED MASS.”
    We are taught what My Evil Brother wants to teach us…what he wants us to believe. We are guided by the laws My Evil Brother decides we shall follow, and enforced by My Evil Brother’s police state. We go to war, and sacrafice our lives for My Evil Brother’s propensity for world domination. My Evil Brother dulls out small choices to satisfy our so-called free will, and our desires, but those small choices exist only at My Evil Brother’s will…not ours. My Evil Brother dominates every aspect of our lives.
    Now…we come to the realization, and the understanding that cannabis is not a small choice My Evil Brother offers us. We suffer the consequences because of My Evil Brother’s will. That will is based on the huge profits generated by our cravings and our addictions. Of course…cannabis is excluded from the addictoon argument, nevertheless, cannabis is the most widely used substance in the world, and that means undeterminable amounts of money spread all around the world. Often…that money funds “Unauthorized operations” not approved by We the People (Congress). But…when you think about it, who needs congressional approval, the money is unaccountable, it’s “Dark money.” Yet…We the People are still picking up the tab for its prohibition. It’s best said…”They have their cake and are eating it too.”
    But finally…My Evil Brother has “PROVEN” to We the People…by a dramatic demonstration of his prohibition that “We the People must take care of ourselves.” It’s not important to us anymore that My Evil Brother “Care about us.” His mendacious concern is considered to be unacceptable. Unacceptable is to say…”Direct your concerns elsewhere…take your little act down the road.” Our elected representatives, My Evil Brother’s court, has totally failed to accomplish the objectives we have elected them to achieve. What is important to We the People is that My Evil Brother “UNDERSTAND WHY” We the People “BEHIND THE GREEN DOOR” have our unobstructed. protectable medical rights. Whether he wants us to have them or not, makes little or no difference to We the People anymore. We are going to have that right at all costs. My Evil Brother does not have the right, or my consent to hold me to his prohibition. So! My Evil Brother can call this a grievance, a mandate, a that’s that, a deal with it, or whatever, whatever he wants to call it. THAT’S ENOUGH, AND ENOUGH IS ENOUGH. The line is drawn in the sand. Freedom is just another word for nothing else to lose. And…shouldn’t My Evil Brother, and his band of evil doers be in front of a Ethics Committee. God will be the judge, angels will be the jury, and Satin will be the prosecutor…IN THE FINAL JUDGMENT.

  6. I live in New Mexico and The system of medical marijuana is a joke i suffer from xterm depression i take 4 pills each make me feel sick and one side affect is swelling of mussels it is in my back i use marijuana it works 1,000 x better then the pills still i can’t qualify for marijuana and if u do you have to grow it your self which is fine but some people cant afford the splyse or the fee of the permit still we run the risk of the “feds” running us down

  7. If this is true then medical patients from any state should be allowed to travel with their medicine anywhere in the US. Is this the next step towards total legal medical cannabis for the entire United States?Let’s all hope so.

  8. Fight The Power!!! The Govt will regret its ways when everyone is jobless and all the people clutching their guns are going to lose it

  9. Just drove 300 miles thru nm couldnt find one dispensary or good bud, but i did enjoy the soak in the montezuma hot springs until i stepped on the broken glass! SHAME ON YOU NEW MEXICO, YOU NEED TO PICK UP YOUR LITTER! the church was very disapointed in the way you citezens treat your land! gonna have to adopt the hot springs for litter control!

  10. WOOO HOOO!!!…it looks like we may have turned a corner from the fed point of view…c’mon people keep sending the emails and letters…they are starting to take us seriously..don’t let up now!!!!

  11. You tell me. Wasn’t G13 grown just outside woodburn oregon for the purpose of military testing back in the early 80’s. It has been tested for military purposes for a long time. The problem seems to be it has signifacantly more possitive effects that prevent a war mentality and promotes peace significantly. We can not sit idle while they decide our future anymore. Let’s make our voice one. It must get louder than ideological borders and political lines, it must be global. As humans we have the physiological ability to utilize this plant to heal humanity of the manmade disgrace called prohibition.
    (added by Mobile using Mippin)

  12. Medical Marijuana recommendations from Wyoming?! I just moved from Wyoming after living there for twenty three years and, as far as I know, there has never been anything close to resembling MM there. Could we get a little clarification on that, if possible?

  13. Keep up the good work, NORML, sick people are in need, fulfill and serve them to the best of your ability, and many graces , be upon you for the duty you have taken upon yourselves, in helping these people.

  14. Two bills in Congress – the Medical Marijuana Patient Protection Act and the Personal Use of Marijuana by Responsible Adults Act – could move federal marijuana policy two big steps forward. It’s time to end the government’s senseless and costly war on suffering patients and nonviolent marijuana users.
    Tell your members of Congress to support a better marijuana policy:

  15. Leaders of this great nation..hear us! We the people demand the end of this prohibition. We demand the end to hypocrasy, we demand the end to your greed,we demand the end to your lust for power! Your lies and lack of reason shall end your careers!
    Hear US leaders of this greta nation! We are coming for you. Redeem your selves or remove your selves from our sight. Hear our demands and act upon them or watch your careers PARISH!

  16. In response to #8…Rebel with a cause…the “shadow government” or “my evil brother” is really called “The Federal Reserve”. Remember, it’s all being hidden in plain sight. Just ran into new site soundtrack)
    Check out Codex Alimentarius to help understand the corporation side of the central “banksters” control. Eugenics anyone? Yeah…these people are really concerned about our health. This is a grand ponzi scam being played on “we the people”. “We are simply like the roaming cattle, in the field, that assume they are free, simply because they cannot see the fences, at the edge of the property.” Like Tommy Chong said…you will know when it is happening to you. I believe the snake we are after has the Federal Reserve sitting on top…the real head of the snake…watch it all start to fall apart once more of “we the people” wake up/remove the blinders (turn off the TV), as we start to understand the scam…the ENSLAVEMENT. We all need to support the bill for auditing the federal reserve in congress. End the corporate-tocracy now! Not at all easy, cause if you watch the “Obama Deception” you will see that Barry has created a government surrounding himself with all these scoundrels…he calls czars and advisers, but of course none of them are lobbyists…WTF!!!

  17. I live for the day we can bring our lawmakers to justice. They are taking bribes from corporations to continue to enslave us for making a personal choice.
    To me this should be a crime NO ONE should be put in jail unless it is a very serious offense. I just started watching this new show about life in prison. Many of the people are booked in for drug use or possession. They were not bothering anyone the cop just found a roach in the ash tray. So its off to jail to feed the corporate machine that makes billions from our suffering!!
    From the beginning of my advocacy of ending the war on US. I felt, why don’t our lawmakers take the money spent on the war and help the people that need help and leave the rest of us the hell alone!!!!!!!!!!!

  18. Where are all the militant blacks when you need them?? This is and was a war to keep them down and enslave them. Look at history it was said cannabis made darkies think they are as good as whites. Or the cannabis makes darkies uppity. These were the things that were said by the original drug warriors. They also used the war to make blacks and Hispanic slaves. It is still works today a very high of the people enslaved in jail are people of color. Although the poor whites are being sacrificed at a higher and higher rate. To feed the for profit jails, the drug testing industry not to mention the many others that make their living feeding off our children s lives!!
    It is time to look at history and the facts about cannabis. It is time to end this racist war that has turned into a 100 billion dollar money machine to many. Including our lawmakers that make millions every year in PAC money to continue to enslave us.
    Cherokee Fred Jesus

  19. If cannabis were legal per doctors in California. The for profit pharmaceutical companies (the legal drug pushers backed by our lawmakers) would lose 544 billion dollars a year. Because the doctors in California listen to their patients. That say cannabis could replace 80% of the foul chemical drugs that kill hundreds of thousands every year.

  20. No where in the history of the United States has the truth of marijuana been so anticipated by the general public! We all know the lies and now it’s a pleasure to see the Feds and State Officials eat crow. It’s only a lie if you get caught as it goes with politians and the political bastards are up against the wall from here on out! Propaganda only works when believers of lies are the majority.
    We’re not so dumb and we’re not going to stand silent on MJ issues. Patients need their MJ medicines that work well, safely and affectively. This is a point the drug cartels know all to well.

  21. OH! Did I mention we could stop putting a million people in jail every year. Destroying families our children and their children. All for pure greed plan and simple. The war on drugs has done no good only harm and has not accomplished anything. Unless you count putting 20 million in jail (so far).
    If our lawmakers had one bit of compassion for their constituents. Rather than the millions collected ever year b. Money that to me is blood money paid for by the lives of our children. Warped in jail and struggling in a world where a felony should mean you are a danger to society. Cannabis users are not a danger to anyone, unless you make your money on the war enslaving people!!

  22. I like that “clip and bong” illustration. It’s hard to believe that Uncle Sam would become so ugly. We don’t want the government to control the corporations but it’s the corporations that control the government.
    It is also the corporations that make politicians change and the people as well.

  23. _______________}}_________
    [Editor’s note: Brilliant!]

  24. It looks like to me that the steam is running out on the opposition, THE MARIJUANA PROHIBITIONISTS. As the truth comes out on the medicinal value of marijuana, the lies and propaganda info are getting fewer as time goes on unless they conjour up more misinformation (AND THE GOVERNMENT DOES’NT DO RESEARCH ON MARIJUANA) the under statement since the creation of the DEA (DEAD END ATROCITIES) during the Nixon era. All these other countries recognize the medicinal value of marijuana and changed their laws for the people and our government claims on a federal level doesn’t recognize that marijuana has any medicinal value at all. LIAR! LIAR! PANTS ON FIRE! The audacity of our government thinking that were supposed to be walking around like a bunch of MENTAL CLONES because their the FEDERAL GOVERNMENT and you do as we say or you’ll suffer the consequences of our BIG BROTHER SYSTEM. 1984 is here and the Orwellian concept is here along with Nationalism , Socialism, Fascism and the New World Order and lets not forget about Totalitarianism. The tentacles of MARIJUANA PROHIBITION is losing its grip and the SWEET SMELL OF CHANGE is in the air and our time is a comin. 420 ALL THE WAY!

  25. Keep the momentum going, it’s never been more powerful and had the most potential until now! Let’s all together continue to make this good news!

  26. The feds are respecting the laws of states where cannabis is legal, so they ought to respect the laws of other countries where cannabis is also legal. You can buy cannabis, cannabis clones and seedlings, and of course seeds in California, for example. You can take them across state lines, and if you can get somebody to mail them to you have them sent anywhere, even to states where cannabis is still prohibited. The recipient in states where laws are still in the Dark Ages takes all responsibility for the consequences, obviously. That was also the case for seeds from Canada or the Netherlands, Britain, Spain, Austria, Switzerland, or any country where the sale of viable cannabis seeds is legal. If the feds are finally beginning to see the light and aren’t going after such vendors in the States, then they should cease and desist pursuing Marc Emery and others in the same boat. They should have their records expunged, too. Is anyone working on this? Please do something about this injustice, too.

  27. The bong up above was not my doing. So I wont take credit, found it on another site, thought Id pass italong.

  28. nesomania Says @ # 27:
    Yes I agree, The federal reserve must be looked at very closely, They are hiding something or they wouldnt be fighting it so hard. There are many things in our fed government and what our leaders do or involved in that need looked at. The people are starting to see, starting to fight this ‘enslavement’ that is government control on many levels. Over the passed year many have see things arent right here,there, where ever. Now people just have to step back one more time, see the whole picture. See its all connected. The war on drugs, the fed reserve, coporate lobbists,special interests,politicians, all these bills and social programs being pushed…on and on. Its all connected and effects all of us. Our country is in need of a good house cleaning,we WILL reclaim what is rightfully ours…FREEDOM!

  29. NeuroGenesis1:29
    Rick Seymore/Tennesse Activist
    All of a like mind and puropose.
    On the face of it …it appears we have hit on something that will fly. Shall we take the magic carpet ride?
    The movement’s OBJECTIVE is to “LEGALIZE MEDICINAL CANNABIS IN ALL 50 STATES.” Oddly enough, it’s just as simple as suggested. Anticipating the question…”HOW DO WE DO THAT?”…the answer is less confusing. WE ARE OUR OWN MOTIVATIONAL RESEARCH DEPARTMENT…OUR OWN M.R. BOYS.
    The idea is to “TANTALIZE CURIOSITY” by wearing a plain hunter green polo shirt all the time. The idea is to peak an individuals curiosity to ask…’WHY IS EVERYONE WEARING A GREEN SHIRT. IT’S NOT St PATRICK’S DAY?” The purpose is to answer that question with the facts and the truth…and…enlist the questioneer’s support for our OBJECTIVE. In fact…I am a Management by Objectives Consultant, and MBO might be the superior way to operate “THE GREEN DOOR MOVEMENT.”
    Question: Why a plain hunter green polo shirt?
    Answer: If one sees an identifiable cannabis logo, they immediately reject its blatancy. If on the other hand, their natural curiosity (that which caused Adam and Eves demise, not to mention that which killed the cat) begs to ask…”WHAT’S GOING ON HERE?”…that’s when we get the chance to answer their question with the facts and the truth…and…seek their support for the movement.
    Eventually…if our direction goes as we would hope it does, with an already 85% approval rate to “LEGALIZE” medicianl cannabis, we are already coordinators in 3 states. We should enlist coordinators in the 47 remaining states. You know what would thrill me to tears, is to see a “SEA OF GREEN”, a million plain hunter green polo shirts marching on Washington D.C…a unniformed show of power.
    Shall we get on this magic carpet, and invite 47 other potential coordinators to join us?
    NeuroGenesis…In answer to our discussion about San Diego’s moratorium on new dispensaries. After a discussion with the County Health Dept. MMP this a.m.
    The Board of Supervisors have placed a 45 day moratorium on unincorporated areas. I will know more when I talk with the County Borad of Supervisors. It may inetrest you to know that the MMP CARD HAS RECIEVED VERY, AND I MEAN VERY LIITLE APPLICATIONS. I guess no one trusts San Diego.

  30. Maybe the Medical Marijuana community should be promoting vaporizing instead of smoking. Then the naysayers have nothing negative to say.

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