DEA: Any "Individual" or Group Growing or Distributing Pot for "Recreational Use" Can be Target of Investigation

Categories: Medical Weed

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The Drug Enforcement Agency wants to make it clear that it's not just going after kingpins.

Any "individual" or organization involved in growing or distributing pot for recreational use can be a target of an investigation, the DEA warns through a U.S. Department of Justice spokeswoman.

As we mentioned on Tuesday, the DEA blew us off -- and therefore, you, dear readers -- when we sought information last week about the raid of a Tempe cannabis club. We had questions about the political ramifications of the raid, including why the DEA seems to be enforcing Arizona law in this case. The state Attorney General, Tom Horne, has asked the court system to rule on whether cannabis clubs are legal or not under the 2010 Medical Marijuana Act, but it appears the DEA -- a biased agency that uses taxpayer funds to advertise against pot legalization -- couldn't wait to bust one.

Yesterday, U.S. Department of Justice spokeswoman Laura Sweeney finally got back to us -- with a strong message for Arizonans bent on supplying "recreational" users with weed.

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Image: DEA
The DEA publishes a political pamphlet called "Speaking Out Against Drug Legalization." Are busts of cannabis clubs serving state-approved patients a form of "speaking out?"

Here's what Sweeney said:


"While I'm not going to comment on any particular pending matters, in general, consistent with the Department guidance, DEA continues to identify and investigate any criminal organization or individual who unlawfully grows, markets or distributes marijuana or other dangerous drugs for recreational use.

"As always, the Department is committed to enforcing the federal Controlled Substances Act in all states, and will focus its resources on significant drug traffickers, not individuals with serious illness or their immediate caregivers who are in compliance with applicable state medical marijuana statutes."


By that rationale, the DEA must believe that James Chaney, the owner of the Arizona Go Green Compassion Club arrested last Thursday, is a "significant drug trafficker." True, Chaney is accused of possessing 50 pounds of marijuana at his home and another 10 to 20 at the Tempe business, and that's a lot of dope. Perhaps even, arguably, a "significant" amount.

But Chaney, whatever his shortcomings, (the DEA also says Chaney had an active arrest warrant on a meth charge), there seems to be no argument that he was selling his marijuana to state-approved patients.

Theoretically, Arizona voters wanted those patients to have marijuana. So this is more complicated than the average pot-dealer bust.

Horne, not the federal government, is prosecuting Chaney -- meaning that the state's medical pot law must be considered.

Even if Chaney didn't follow the new state law precisely -- and that'll be determined in the court system, obviously -- the public should keep in mind that the DEA isn't just a public safety agency.

It's a lobbying group.



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20 comments
Walter Concrete
Walter Concrete

There was never any arguement about the DEA busting people for growing or selling pot illegally.   Are these clubs licensed by the state to sell pot to holders of prescriptions for marijuana?    That's the only issue that I see.  If they don't have licenses then they're just stupid....or being put up to give the whole issue a bad rap with bad publicity.

medicalmarijuana420
medicalmarijuana420

D.E.A. Lies! U.S. Dept of Health proves medical marijuana benefits with Patent No. US 6,630,507 B1 Google it and tell everyone you know!!!

medicalmarijuana420
medicalmarijuana420

Sincerely,

The Healing Center Medical Clinic Staff

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Some might argue that the U.S. Constitution delegates powers to the feds to arrest MMJ providers because of the schedule 1 status of cannabis in the Controlled Substance Act . However, the CSA’s schedule 1 requirements are: “1) Schedule I.– (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.” Clearly, cannabis doesn’t qualify on B and C, and the Merck Medical Manual of Diagnosis and Treatment clearly states that cannabis is not physically addictive, so it doesn’t meet criteria for A either.

Conclusion: The power to regulate MMJ is not delegated to the federal government because it does not meet their own criteria to be a schedule 1 drug. Therefore, they have no power to regulate it and must reclassify or remove it from the list. Isn’t it ironic that tobacco meets all three criteria of the CSA Schedule 1, and yet, tobacco companies are instrumental in preventing the consumption of the non-addictive, medically safe and effective cannabis (visualize outstretched politician’s hands)? Meanwhile, tobacco, which clearly meets all three criteria of a schedule 1 drug (A) highly physically addictive, B) no medical use, C) not safe even when used under the directions of a physician and in fact proven to cause cancer), is legal, sold for a hefty profit, and the profits consequently used to influence the decisions of politicians making laws. When will the Fed arrest Big Tobacco?

A very wise man once said,

"Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded."Abe Lincoln

A public information message brought to you by

The Healing Center Medical Clinic . orgGlendaleFlagstaffKingman With over 1000 patients helped.

Seedy Ward
Seedy Ward

On teh subject of the DEA as a lobbying group: how many other police agencies get to not only lobby for what laws they want to enforce, but get to write them as well? That's self-serving BS at its finest.

Johnnie Dorman
Johnnie Dorman

So sick of their decades and decades long, futile and failed drug war. The only reason Marijuana is still illegal is because "they can't monopolize it."

Guerst1
Guerst1

"the DEA seems to be enforcing Arizona law"

So, there is no reason why Joe can't enforce federal law. See. 

Christopher Trimbly
Christopher Trimbly

Aparently the will of the CITIZENS of the U.S.A. or the states that have legalized medical cannabis or their very real medical needs are of no concern to this supposed servant of the people he disregards. What a disgrace.

Roro
Roro

Remember "Marinol?" It can give almost as effective results as cannabis but without the dreaded possibility of a "buzz" and, as of a while back, only cost the patient on the order of $30,000 per year.

ExpertShot
ExpertShot

The Declaration of Independence  states clearly that the purpose of founding fathers in forming our nation is to ensure "Life, Liberty and the Pursuit of Happiness."  Clearly "recreation" is a means to happiness, as is using any means god gave us to achieve that happiness in each of our own ways.  The policy of the DEA is CLEARLY unconstitutional and should, for the sole reason that it demonstrably restricts the individual citizen's 'Pursuit of Happiness", be disbanded and the officials thereof prosecuted as enemies of the State.  This policy of prohibition was long ago settled as ineffective and served only to INCREASE the availability of the banned substances and to create a criminal enterprise where none existed before and to corrupt our public officials. 

Please people, stop the madness and allow individuals to chose their own path to happiness.  Given the FREE choice, less than 10% of the population would chose a substance such as alcohol or marijuana to achieve their happiness.  Why punish the other 90% of us with taxpayer subsidized prisons and drug cartels.

Pete
Pete

People in Phoenix are selling pot on Craigslist......

Smitty
Smitty

You speak the truth.

Seedy Ward
Seedy Ward

Marinol is patented, synthetic delta 9 THC in a sesame oil base. It does indeed give a "buzz." Yet, without the buffering effects of CBD and other cannabinoids, it is a very intense effect, and impossible to titrate when used as directed. You're in the right neighborhood on price, though: $2,720 for 180 5 mg capsules. That's about the same amount of THC as in 2 grams of good hash oil that might go for $100 or so.

Guest23
Guest23

I read that the effects of marinol were not as effective as eating or smoking marijuana.

Marinol is still one of the DEAs ridiculous reasons for continuing to keep marijuana illegal and set as a schedule 1 drug, meaning it has absolutely no medical value like cocaine.

Albert
Albert

  Youare right, but the Supreme Court has said that the Declaration of Independenceis only a document ( a set of instructions) on how to read the Constitution.That's Bullshit!!!! It's a valid legal document that states that wehave unalienable rights thatamong these are Life, Liberty and the Pursuit of Happiness. That to securethese rights, Governments are instituted among Men, deriving their just powers from the consent ofthe governed, That whenever any Form of Government becomesdestructive of these ends, it is the Right of thePeople to alter or to abolish it, and to institute new Government,laying its foundation on such principles and organizing its powers in suchform, as to them shall seem most likely to effect their Safety and Happiness. 

This is whythey fear the Declaration of Independence because it actually says we have theright to happiness.. Which couldmean anything. I know the right of Pursuit of Happiness isn't in the Constitution,but the words life and liberty are! Liberty means to be able to do anythingthat does not harm others. One argument during the signing of the Constitution wasthat they couldn’t list all liberties/rights that people had under our Constitution. Last time I looked, I didn't seeanything in the Constitution that takes away our Liberties with a stroke ofCongress's or the Supreme Courts pens that didn’t require an Amendment.  And anything that gives the people the rightto alter, or abolish the Government isn’t a good thing for those in control. Somuch for them having enumerated (limited) powers. What’s up the Supreme Courtnot acknowledging the Ninth and Tenth Amendments????

Another issue,In the Constitution, there is no mention of the creation of the DEA,FBI,ect.and all of these other agencies. It says the Government has the rights tofurther the powers they have been given in the Constitution. Example: theGovernment has the right to create a post office, and make laws which help anddevelop that agency. That’s it… nothing else. Just because they want a “newagency” doesn’t make it a legal/ Constitutionally legal agency. It could beargued that they have been in practice and in place for many years, but does itmake it right and legal??  Slavery was inthe Constitution… it was allowed to exist, but it was also in the Constitution,and only until the 13th Amendment. They have responsibility, not aright to the general welfare, and security of the people of the United States

Ray Stern
Ray Stern

Whoops. The "off" jumped off. Now it's back on.

Albert
Albert

oops... sorry for the strange break.    

The 14th Amendment-  Just the first section.....Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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