Local medical marijuana dispensaries recently came under fire as the federal government began cracking down on illegal marijuana growing and dispensing operations across the nation.

But wait – medical marijuana is legal in California, right? Yes and no.

In the wake of a June 2011 memo sent to state attorney generals from the Department of Justice warning of the federal government’s intention to shut down illegal marijuana operations, there have been numerous raids on dispensaries in California.

Some local operators have received warning letters that they may be next.

“Joanne,” a dispensary operator in Sacramento who wants to remain anonymous, said Wednesday that local operators have always known the federal government might intervene.

“There’s never been a promise that it wouldn’t happen,” Joanne said. “Everyone is on high alert now.”

Under federal law, the production, distribution and use of marijuana for any purpose is illegal.

Exceptions have been made, however.

In 1978, President Jimmy Carter signed the Compassionate Investigational New Drug Study program allowing a select handful of patients to use marijuana for medical purposes.

The program was closed to new applicants in 1992, largely due to a huge increase in applications from AIDS patients. After the program was closed, 13 patients already in the program were allowed to continue. Of those, four currently remain on the program.

In California, a statewide voter initiative – Proposition 215, known as the Compassionate Use Act – was passed in 1996 by 56 percent of the voters, allowing medical access to marijuana for seriously ill patients.

As of 2011, 16 states have medical marijuana laws on the books that recognize a medicinal value for marijuana. California is one of them.

Despite state laws popping up across the nation, the federal law has remained unchanged – marijuana use for any purpose is still illegal.

In 2007, as Barack Obama was campaigning for president of the United States, he stated his support of legalization of marijuana for medical purposes. However, until it was legalized, Obama said, he wouldn’t use federal resources to enforce the federal law.

A memo from the Department of Justice followed in October 2009, reiterating that the DOJ wouldn’t focus federal resources on prosecuting “individuals whose actions are in clear and unambiguous compliance with existing state laws” for the medical marijuana use.

Although the memo did not “legalize” marijuana, it opened the floodgates for dispensary operators to open shop in states that had laws on the books allowing medical marijuana use.

Max Del Real, a lobbyist for the Sacramento Alliance of County Collectives (SACC), a medical cannabis trade association, said in a July interview that there were approximately 45 to 65 medical marijuana dispensaries operating in Sacramento county at that time – but that number was just an estimate since none of those operations were permitted through county administration.

According to a city staff report, when the city enacted its medical marijuana ordinance in November 2010, there were already 39 registered medical marijuana dispensaries operating in the city.

A new influx of dispensaries – including some large-scale, industrial marijuana cultivation centers with revenue projections in the millions of dollars – quickly caught the attention of the DOJ.

In an attempt to curtail this potential profiteering, U.S. Attorney General James M. Cole released the June memo stating that the DOJ would use federal resources to prosecute illegal marijuana cultivation, distribution and use – including marijuana for medicinal purpose.

“The Ogden (Memo) was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law,” Cole stated.

Hence, the DOJ was essentially saying that state laws regarding the legalization of medicinal marijuana are irrelevant when it comes to the prosecution of marijuana growers, sellers and distributors.

Ryan Landers, director for the American Alliance for Medical Cannabis, said he disagrees with the DOJ’s stance on medical marijuana, calling the recent enforcement actions of the Department of Justice “heavy-handed” and unnecessary.

“The genie’s out of the bottle, and the Feds are trying to shove it back in,” Landers said. “We could achieve the same thing through regulation instead of direct attack.”

Despite the recent focus on prosecuting dispensaries by the federal government, Sgt. Andrew Pettit, Sacramento Police Department spokesman, said that the department isn’t “cracking down” on dispensaries.

“We don’t have a narcotics team,” Pettit said. “Our concern with (dispensary operators) is only that they follow the regulations.”

Pettit said the department has specific protocols to follow when an operator is in violation of any local ordinance, and police officers will turn those cases over to the District Attorney.

Joanne said that it’s the “opportunists” that break the rules, doing harm to the industry and harm to the patients.

“There some bad apples out there, yes,” Joanne said. “But it isn’t the industry as a whole. The few that break the rules make the rest of us look bad.”

Still, Joanne said the DOJ raids are not necessarily a bad thing.

“It’s going to be a good thing when the dust clears,” Joanne said. “It will make the industry better, and the grey areas a little less grey.”

Calls for comment to the Department of Justice and the state Attorney General’s Office were not returned by press time.

MEDICAL MARIJUANA TIMELINE
1978 – Federal court rules in favor of a glaucoma patient’s use of medical marijuana in Randall v. U.S.

1978 – President Jimmy Carter signs the Compassionate Investigational New Drug Study program

1992 – President George H. W. Bush closes the CIND program to new applicants. Only four individuals remain in the program.

1996 – California voters pass the Compassionate Use Act (Proposition 215), legalizing the use of marijuana for medical purposes.

2001 – U.S. Supreme Court rules that state and federal laws do not need to conform with each other.

2007 – Presidential candidate Barack Obama states support of medical marijuana legalization, and assures voters he will not use any federal resources to enforce the current federal law.

2008 – The California legislature passes Senate Bill 420 (SB420), instituting a statewide medical marijuana ID card program.

2008 – Attorney General Jerry Brown clarifies state medical marijuana guidelines, requiring dispensaries to become collective nonprofit organizations.

May 2009 – The city of Sacramento enacts an ordinance to allow dispensary operators to apply for special operating permits within the city.

October 2009 – The Ogden Memo is released from the Department of Justice reiterating that federal resources will not be used to enforce current federal laws against medical marijuana users.

June 2011 – The Cole Memo is released from the Department of Justice stating that federal resources will be used to enforce current federal laws prohibiting marijuana production, distribution and use.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.