In this year’s presidential election, medical marijuana advocates in California were pretty clear on which candidate they were rooting for. On multiple occasions, Democrat Barack Obama has pledged to end the federal raids that have bedeviled the state’s dispensaries for years under the Bush administration.
But some of their relief has turned into concern as
the incoming president has begun to consider appointments
to key posts. Obama will reportedly appoint two men
who have been fierce critics of medical marijuana: Eric Holder, rumored to be Obama’s pick for attorney general, and Donald Vereen as transitional
co-chair of the Office of National Drug Control Policy
(ONDCP).
If confirmed to run the Justice Department, Holder
would have wide authority to set policy and priorities
for the Drug Enforcement Administration. Under President
George W. Bush, the DEA has conducted dozens of high
profile raids on medical marijuana dispensaries that
are allowed to operate openly under California law.
Officials have frequently referred to their operators
as “criminals” and “drug dealers.”
Holder has a long history of past positions that appear
to be closer to current policy than to Obama’s campaign pledge. According to the National Organization
for the Reform of Marijuana Laws, he proposed stiffening
federal marijuana penalties in 1997 while serving as Deputy Attorney General under President
Bill Clinton.
He was criticized by NORML again the next year for
failing to take action against the Washington State
Lieutenant Governor’s office for using federal funds earmarked for drug
enforcement to create a website about the “dangers” of medical marijuana while voters of that state were
deciding on a medical marijuana initiative. Holder
has been acceptable enough to conservatives that he
was nominated to a Washington, D.C., judgeship by Ronald
Reagan, widely considered the biggest proponent of
the drug war among U.S. presidents.
“He certainly does not appear to have the best drug
policy stances,” Kris Hermes, media relations at Americans for Safe
Access, said of Holder. “But it’s fairly difficult to tell what positions he will take
if confirmed.”
Vereen appears to have taken even stronger anti-medical marijuana positions. He served as the deputy
director of ONDCP from 1998 to 2001. In the April, 1999 issues of Psychiatric News, the Journal of the American
Psychiatric Association, he called doctors who prescribed
marijuana “irresponsible” and advocated arresting medical marijuana patients.
He has also frequently gone on record essentially claiming
that marijuana can’t be thought of as a treatment because it’s usually smoked and because dosages are difficult
to control. This position has just as frequently been
mocked by advocates, who note that there is not a single
documented case of a person dying from a marijuana
overdose.
Of most concern to advocates may be Vereen’s opposition to a medical marijuana initiative which
passed in Michigan this year. Speaking in his role
as the director of Community Based Public Health at
the University of Michigan, he said the initiative
“puts young people at risk.”
But Bruce Mirken, director of communications for the
Marijuana Policy Project, noted that public opinion
polls and votes are trending his group’s way.
“In Michigan, I can’t help but notice that medical marijuana outpolled
Obama by six points,” Mirken said.
Obama got 57 percent of the vote in the key Midwestern swing state.
But Proposal 1, which will allow patients or caregivers to possess
up to 12 plants and 2.5 ounces of dried marijuana, got 63 percent. Pre-election polls suggested the outcome was never really
in doubt.
Mirken went on to note that the three western states
Obama flipped to the blue column from 2004—Colorado, Nevada and New Mexico—are all medical marijuana states. There are now 13 such states, the others being Alaska, Hawaii, Maine,
Montana, Oregon, Rhode Island, Washington and Vermont.
These states cover one-quarter of the US population, and represent 124 of Obama 365 electoral votes.
Both Hermes and Mirken said that any relaxation of
federal enforcement is likely to be a done without
much fanfare, at least in the short term. Obama is
unlikely to step into the kind of public relations
scandals that plagued the first two years of the Clinton
administration, such as the gays in the military brouhaha.
But Hermes said his group will be using medical marijuana’s growing clout to make sure “Obama keeps his word.” A pair of other early presidential candidates—Republican Ron Paul and Democrat Dennis Kucinich—have been very supportive of medical marijuana, he
said, and even Hillary Clinton took more liberal positions
than Obama on the issue.
Hermes went on to say his group will participate in
a “grassroots campaign” to break the federal government’s “monopoly” on medical marijuana research and push for a national
policy on the issue.
“We’ll certainly be holding his feet to the fire,” Hermes said.
Mirken said federal pressure has really prevented most
medical marijuana states from fully implementing laws
approved by voters—a situation that is particularly notable with California’s Prop. 215, passed with 56 percent of the vote in 1996.
California has been Ground Zero, he said, “because we have these openly-operating dispensaries that present ready targets for
federal enforcement.”
Other states have sidestepped this problem largely by not being directly involved in the administration of policies.
“It’s hard to set up a system when any information you
collect is potentially evidence in a federal trial,” Mirken said. “There really isn’t anyone in charge.”
Holder and Vereen are not the only appointees of concern
to advocates. Vice President-elect Joe Biden has been a strong supporter of the
war on drugs in the Senate. While he also opposes federal
raids on dispensaries, at a May campaign stop in Connecticut
he said of pain management that “There’s got to be a better answer than marijuana.”
“He’s been a prominent figure in the war on drugs for several
years,” said Zack Risner, media relations for the Cannabis
Club Network, of Biden. “That doesn’t mean it’s going to be a direct relation to Obama’s policies.”
Obama’s new chief of staff, Rahm Emanuel, and another ONDCP
appointee, Christopher Putala, have also been openly
critical of medical marijuana. But Mirken said that
is would be difficult for Obama not be an improvement
over Bush.
“The way the Bush administration has operated, they
just made stuff up,” Mirken said. “It will be nice, if it happens, to have the federal
government re-enter the reality-based community.”
