Debra J. Saunders

Debra J. Saunders
Friday, April 6, 2012

Why is the federal government under President Obama arguably tougher on medical marijuana operations than it was under George W. Bush? That’s the question that antidrug-war groups have been asking themselves for months.

In 2008, antiprohibitionists thought an Obama administration would not tread on medical-marijuana dispensaries in states where they are legal. Obama 2008 campaign spokesman Ben LaBolt told me Obama “believes that states and local governments are best positioned to strike the balance between making sure that these policies are not abused for recreational drug use and making sure that doctors and their patients can safely access pain relief.”

Now that Obama’s in office, however, his Department of Justice is not allowing the 16 states that have legalized medical marijuana to self-regulate. Exactly the opposite: Last fall, U.S. attorneys in California warned landlords that they must evict medical-marijuana clubs or risk having their assets seized. In October, the Internal Revenue Service informed dispensaries that they cannot declare standard tax deductions because they are criminal enterprises.

“Drug kingpins and cartels don’t file taxes. We do,” Steve DeAngelo, director of medical-marijuana giant Harborside Health Center, told MSNBC. “But no business, including ours, can survive if it is taxed on its gross revenue. The IRS is trying to tax us out of existence.”

On Monday, the feds raided the apartment and medical-marijuana businesses run by Richard Lee, the wheelchair-bound Oakland pro-marijuana activist, who put more than $1 million into the 2010 Proposition 19 campaign to legalize marijuana.

According to news reports, Lee’s supporters came out to protest the raid, and some punctuated their point by lighting up in public. Such antics reinforce law enforcement’s suspicion that recreational users are hiding behind the skirts of medical marijuana.

The thing is, Obama The Candidate said he’d let locals decide how to handle any abuses, and there is local enforcement. According to the office of California Attorney General Kamala Harris, there were 16,585 felony marijuana arrests in 2010. Some cities go after dispensaries suspected of illegal trafficking, others choose to use their resources on higher priorities. (Lee points out that Oakland police were detailed to control crowds that gathered to protest the raid on his Oaksterdam University on the day of the horrific Oikos University shootings.)

An Obama official informed me that the administration has not changed positions. The administration always maintained that federal officials have the authority – indeed, a duty under the Controlled Substances Act – to go after traffickers who use medical marijuana as a pretext to sell a drug.

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