The Fight Over Medical Marijuana | Op-Docs | The New York Times

Summary

On March 14, 2011, federal agents raided 26 medical marijuana businesses in Montana, causing confusion and distress for patients and providers. Chris Williams, owner of Montana Cannabis, faced life imprisonment despite operating within state law. The script highlights the conflict between state legalization of medical marijuana and its federal prohibition under the Controlled Substances Act. The federal government's policy shift from leniency to crackdown left growers like Williams vulnerable to severe penalties, reflecting broader issues with the War on Drugs and the need for federal law reform.

Takeaways

• 🚨 On March 14th, 2011, federal agents conducted 26 search warrants on medical marijuana businesses in Montana, causing disruption to patients' access to their medicine.
• 🌿 Montana Cannabis, one of the state's largest medical marijuana providers, believed they were operating within state law and had even given tours to law enforcement and community leaders.
• 📜 In 2004, Montana legalized medical marijuana, but it remains illegal under the federal Controlled Substances Act of 1970, creating a legal gray area.
• 🤔 Chris Williams, an owner of Montana Cannabis, relied on legal advice and compliance with state law, yet faced life imprisonment due to federal crackdowns.
• 🔄 The Obama Administration's 2009 memo suggested leniency for those in compliance with state medical marijuana laws, but a subsequent memo in 2011 contradicted this stance.
• 🚫 The federal policy shift in 2011 targeted industrial growers, deeming them criminals despite adherence to state laws, leading to Chris Williams' conviction.
• 🏢 The inconsistency between state and federal laws on medical marijuana has caused confusion and hardship for growers and patients.
• 👨‍👦 Chris Williams' family faced social stigma and fear of state care for his son due to the legal battle over medical marijuana.
• 🏛️ Public opinion leans towards legalizing medical marijuana, with about 75% of Americans in support, yet federal law lags behind this sentiment.
• 📉 The documentary highlights the need for federal law reform to align with state laws and protect growers and patients from legal jeopardy.

Q & A

What event took place on the morning of March 14th, 2011, in Montana?

Federal agents executed 26 search warrants on medical marijuana businesses across Montana.

How did the federal agents' actions affect the medical marijuana patients in Montana?

The patients' medicine was being destroyed and taken as evidence, leaving them without access to their medicine.

What was Chris Williams' role in the medical marijuana business in Montana?

Chris Williams was one of the owners of Montana Cannabis, which provided care for hundreds of sick people.

What did Chris Williams and his partners do to ensure compliance with Montana state law?

They operated within state law, sought legal advice, had conversations with county attorneys, and even gave tours to state law enforcement and community leaders.

What is the legal status of medical marijuana under federal law in the United States?

Medical marijuana is still illegal under federal law, as stated in the Controlled Substances Act of 1970.

What was the stance of the Obama Administration regarding medical marijuana in 2009?

The Obama Administration seemed to make federal policy more lenient for medical marijuana, indicating that federal resources should not focus on individuals in compliance with state laws.

How did the federal government's policy change regarding medical marijuana in 2011?

In 2011, the federal government began a crackdown on growers in medical marijuana states, seemingly disregarding the 2009 memo and returning to a policy of prohibition and punishment.

What was the impact of the federal crackdown on Chris Williams and his business?

Chris Williams faced the prospect of spending the rest of his life in prison, and his business, Montana Cannabis, was raided.

What was the outcome of Chris Williams' trial on September 27th?

Chris Williams was convicted on marijuana charges and for possessing firearms during a drug trafficking offense, and he faces a minimum mandatory sentence of more than 80 years in prison.

What does the majority of Americans believe about medical marijuana according to the script?

About 75% of Americans support legalizing medical marijuana.

What is the call to action suggested by the script for addressing the issue of medical marijuana legality?

The script suggests reforming federal law to be consistent with states that have legalized medical marijuana, to provide safe and reliable access to patients and to lift the cloud of uncertainty that puts growers and patients at risk.

Outlines

00:00

🌿 Raid on Medical Marijuana Businesses

On March 14th, 2011, federal agents conducted 26 search warrants on medical marijuana businesses in Montana. Chris Williams, one of the owners of Montana Cannabis, was left without access to medicine and faced the destruction of his business. Despite operating within state law, Williams and other caregivers were raided. This event was part of a documentary exploring the legal inconsistencies contributing to the failure of the War on Drugs. Williams had followed Montana state law, sought legal advice, and even hosted tours for law enforcement and community leaders. However, the federal government's stance on medical marijuana, which is illegal under the Controlled Substances Act of 1970, led to the raids. A 2009 memo from the Justice Department suggested leniency for those in compliance with state laws, but a subsequent memo clarified that industrial growers like Williams were not exempt from federal prosecution.

05:01

🏢 Legal Consequences and Public Opinion

Chris Williams' case highlights the personal and societal impact of the legal battle surrounding medical marijuana. Despite community support initially, the situation took a toll on Williams' family, particularly his son, whose schooling was affected by the controversy. Williams was convicted on marijuana charges and for possessing firearms during a drug trafficking offense, leading to a minimum mandatory sentence of over 80 years in prison. The public opinion is largely in favor of legalizing medical marijuana, with about 75% of Americans supporting it. Williams and his colleagues view themselves as law-abiding citizens, not criminals, and argue for federal law reform to align with state laws and protect growers and patients from legal jeopardy.

Keywords

💡Medical Marijuana

Medical marijuana refers to the use of the cannabis plant as a physician-recommended herbal therapy for patients with serious medical conditions. In the video, it is central to the story as it discusses the conflict between state and federal laws regarding its legality. The script mentions that Montana and 18 other states, along with Washington DC, have legalized medical marijuana, yet it remains illegal under federal law, creating a legal gray area for businesses and patients.

💡Search Warrants

A search warrant is a legal document issued by a court that authorizes law enforcement to search a property for evidence of a crime. In the context of the video, federal agents executed 26 search warrants on medical marijuana businesses in Montana, indicating a crackdown on these establishments despite their compliance with state laws.

💡Caregiver

A caregiver in the context of medical marijuana is an individual who is legally allowed to grow and distribute cannabis for medical use to patients. The video features Chris Williams, one of the owners of Montana Cannabis, who acted as a caregiver for hundreds of sick people. His role is significant as it highlights the personal and community impact of the legal actions taken against him.

💡State Law

State law refers to the legislation enacted by individual states within the United States. The video discusses how Montana state law allows for the use of medical marijuana, which the business owners believed they were following. However, the conflict arises when federal law supersedes state law, leading to the prosecution of individuals like Chris Williams.

💡Federal Law

Federal law is the body of law created by the national government of a country, in this case, the United States. The video emphasizes the conflict between state laws that allow medical marijuana and the federal Controlled Substances Act of 1970, which classifies marijuana as an illegal substance. This discrepancy leads to the legal predicament faced by Chris Williams and others in the industry.

💡Legal Consistency

Legal consistency refers to the uniformity and predictability of laws and their enforcement. The video script highlights the lack of legal consistency in the United States regarding medical marijuana, where state laws may permit its use, but federal laws prohibit it, leading to confusion and potential legal consequences for those involved.

💡War on Drugs

The War on Drugs is a term used to describe the global campaign led by governments to reduce the illegal drug trade and drug use. The video script suggests that the legal inconsistencies around medical marijuana have contributed to the failure of this war, as it continues to criminalize activities that are legal under certain state laws.

💡Memo

In the context of the video, a memo refers to a memorandum from the Department of Justice that provided guidance on federal enforcement policies regarding medical marijuana. A 2009 memo indicated a more lenient approach, but a subsequent memo clarified that while patients might be free from prosecution, commercial growers were not, leading to the crackdown depicted in the video.

💡Prohibition

Prohibition refers to the policy or practice of forbidding something, often related to the sale or consumption of a substance. The video discusses a return to the policy of prohibition and punishment for marijuana, which had been criticized for its failure to effectively control drug use and its associated societal costs.

💡Mandatory Sentence

A mandatory sentence is a legally required minimum prison sentence that a judge must impose in a criminal case. The video script mentions that Chris Williams faces a minimum mandatory sentence of more than 80 years in prison for his convictions, illustrating the severe consequences of the conflict between state and federal marijuana laws.

💡Public Opinion

Public opinion refers to the collective views of a group of people on a particular issue. The video script notes that about 75% of Americans support legalizing medical marijuana, indicating a significant gap between public sentiment and current federal law, which continues to classify marijuana as an illegal substance.

Highlights

On March 14th, 2011, federal agents executed 26 search warrants on medical marijuana businesses in Montana.

Owners of Montana Cannabis, a medical marijuana provider, claim to have operated within state law.

Chris Williams, one of the owners, is facing life imprisonment for his involvement in the medical marijuana business.

The documentary explores legal inconsistencies contributing to the failure of the War on Drugs.

Montana Cannabis was one of the largest medical marijuana providers in the state, seemingly in compliance with state law.

Chris Williams and his partners gave tours to law enforcement and community leaders to demonstrate compliance.

In 2004, Montana legalized medical marijuana, but it remains illegal under federal law.

A 2009 Justice Department memo suggested the federal government should not target individuals compliant with state medical marijuana laws.

The federal policy seemed to become more lenient towards medical marijuana under the Obama Administration.

A subsequent memo clarified that while medical marijuana patients would be free from prosecution, industrial growers would not be.

Chris Williams was convicted on marijuana charges and faces a minimum mandatory sentence of over 80 years in prison.

About 75% of Americans support legalizing medical marijuana, yet growers like Williams are viewed as criminals.

The documentary calls for federal law reform to align with state laws and reduce uncertainty for growers and patients.

The community's support for Chris Williams waned after the raid, impacting his family and personal life.

The documentary highlights the need for a consistent legal approach to medical marijuana to protect patients and providers.

Transcripts

[Music]

[Music]

on the morning of March 14th 2011

federal agents executed 26 search

warrants on medical marijuana businesses

across Montana I have no access to my

medicine how can they do this

I'm one of the owners of Montana

cannabis we caregive for hundreds of

people that are sick and right now

they're medicine's being destroyed

they're cutting it down taking it for

evidence we've operated clearly within

uh state law so of all the other

caregivers that they're raiding all

across the state

today Chris Williams is now facing the

prospect of spending the rest of his

life in

prison if he had good reason to believe

he was following Montana law how could

this

be last year I set out to make a

documentary film to explore in part how

such legal inconsistencies have

contributed to the failure of the War on

Drugs

T let's go back to the

beginning I met Chris Williams 7 months

before federal agents raided his medical

marijuana business one of the largest

medical marijuana providers in the state

State Montana cannabis seemed to be

complying with Montana state law Chris

acted on the advice of a lawyer and

relied on conversations with County

attorneys he and his Partners even gave

routine tours to state law enforcement

and Community leaders to walk through a

greenhouse over 100 ft long full of

cannabis and to have our local sheriff's

deputies come and do tours with me to

have our drug task force come and do

tours with me that was amazing so when

you harvest this

plant you harvest the whole plant look

at the size of that really looks good it

does it smells good too well I never

imagined that I'd ever see a plant this

big I mean this is

just in

Montana in 2004 Montana had passed a

voter initiative to legalize medical

marijuana and today 18 states and

Washington DC have these la LA on their

books but there's a big catch medical

marijuana is still illegal under federal

law the Controlled Substances Act of

1970 makes that very

clear and the federal government has

discretion about how to enforce laws in

medical marijuana

states the Obama Administration seemed

to make federal policy more lenient for

medical marijuana a 2009 Memo from the

justice department indicated that the

federal government should not Focus

Federal resources on individuals whose

actions are in clear and unambiguous

compliance with existing state

laws so Chris Williams had good reason

to think he was safe from federal

[Music]

prosecution fast forward 7 months from

the time I first met him and it was

clear that he was

wrong and Montana cannabis was not the

only place affected

[Music]

last year without warning the feds began

to crack down on growers in medical

marijuana states across the

country suddenly it appeared that the

department of Justice's 2009 memo was no

longer in

effect it was an unexpected return to

the failed policy of prohibition and

Punishment in a subsequent memo last

year the justice department clarified

the policy to say that medic marijuana

patients would be free from prosecution

but not industrial

Growers Congress the department noted

has determined that marijuana is a

dangerous drug so now apparently those

who grew it on a commercial scale were

dangerous

criminals which meant that large Growers

like Chris Williams in spite of their

efforts to follow state laws were not

safe from federal prosecution

[Music]

[Applause]

after the raid it was really hard on my

son continuing School

my son's teachers had open class

discussions about whether or not medical

marijuana was right about whether or not

I should go to

jail folks that that I I felt great

support from just within the community

have turned their backs

completely the most Grim thing that I

could think of would be my son having to

go into State

care that's really what I fear the most

in the end Chris Williams decided to

take his case before a

jury on September 27th he was convicted

on marijuana charges and for possessing

firearms during a drug trafficking

offense he is currently Behind Bars and

he faces a minimum mandatory sentence of

more than 80 years in prison

[Music]

today about 75% of Americans support

legalizing medical

marijuana I am viewed as a criminal I do

not feel like a criminal the people I

work with are not criminals We are

following laws we're not breaking them

if the vast majority of us believe that

legitimate patients should have safe and

reliable access to cannabis we need to

reform federal law to be consistent with

the

states lifting the cloud of uncertainty

that puts Growers and patients at risk

[Music]