THE HAAG MEMO

Temecula, CA – You may think that being in the center of the scene leaves me in the catbird seat with no blowback. You be wrong. True, I don’t get the same bull as promoters, show hosts, venue owners, kids in leather jackets or with piercings, and my senior age keeps most people in a respectful frame of mind, but still I don’t get no respect when it comes to having a social life. Sure, I know the four magic words, “I’m with the band”, but many nights when things wind down and this person is heading off to a three-way or that person is climbing the stairs with their night’s conquest I get a look that says

“You are fishing in the wrong pond, PT” followed by a look of compassion at my being alone. In fact just last night one of my main Hommies said the same thing to me as his sober girlfriend guided him over to her car for the ride home after a show. The sentiment shown is because in all the years of covering the scene, none of the gang has ever seen me with a girl on my arm. Knowing that I’m not gay leads some to say I’m fishing in the wrong pond. They feel I should be fishing where the old trout swims, the cougar clams are, and the MILF runs. But I’m not the only one ‘fishing in the wrong pond’. All the people who voted Obama were also fishing in the wrong pond. Take the medical marijuana people for instance.

When they and the union people voted for Obama they were fishing in the wrong pond. But there’s a difference between those folks and me. I know the stream I’m at, they don’t. It’s not their fault though they were led astray, except that they forgot they believed in a politician. So yeah, it’s their fault they are steaks on the table. Here’s the full story.

‘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 indicated 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 persecute medical marijuana dispensaries in every state "regardless of state laws." (Are you starting to see the real picture yet, Sports Fans? No? Take another gander at a look from Obama’s peer, another President in the picture below.)

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 (is) 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, see archive story ‘Pricks ‘R’ Us’ still on front page 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.

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 (www.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 away their power of attorney 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 ever been granted. (Take a lesson Tea baggers and gun owners, cause you’re next!)

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, including 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 firmly (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

(All editor) * - Controlled Substances Act