Thank you for contacting me about medical marijuana. Like you, I am hopeful that marijuana can help ill patients who can find no other reprieve from pain. I support efforts to stop federal authorities from prosecuting medical patients and providers operating lawfully in states, like California, that allow medical marijuana.
California permits doctors to prescribe marijuana as a pain reliever to certain patients suffering from illnesses. However, the Supreme Court ruled in the 2001 U.S. v. Oakland Cannabis Buyers’ Cooperative case that marijuana is still an illegal substance and that anyone distributing it could be prosecuted. Therefore, programs such as the Oakland Cannabis Buyers’ Cooperative were found to be in violation of federal law for their distribution of medicinal marijuana. In 2005, the Supreme Court reaffirmed the conflict between state and federal law in Gonzalez v. Raich.
Since these Supreme Court rulings, the Justice Department has raided several cannabis buyers’ clubs throughout California that provide marijuana in compliance with state law. I believe that these raids are a poor use of the Department of Justice’s limited enforcement resources. In the past, I have supported efforts to prohibit DOJ from prosecuting such cases. I am pleased that the Obama Administration issued new guidelines for the DOJ and Drug Enforcement Administration (DEA), discouraging them from conducting raids against and prosecuting medical marijuana dispensaries and patients operating within compliance of state laws.
Further, I have supported legislative solutions that would ensure that individuals involved in the production and distribution of medicinal marijuana have the right to defend themselves from criminal prosecution by demonstrating that their actions were in compliance with state laws. I am inclined to favor these types of bills, particularly if clinical studies continue to provide additional information to help doctors treat patients suffering from severe pain.
I appreciate your concern, and I will keep your views in mind as I continue to work on this important issue. Feel free to contact me in the future regarding any matter of concern to you. Please visit my website, www.house.gov/berman, to sign up for my e-newsletter to stay informed on my work in Congress and the 28th District.
Sincerely,
HOWARD L. BERMAN
U.S. Member of Congress
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