Following the legalization of recreational marijuana in states nationwide, Eric Holder and the Department of Justice decided to let legislation stand, granting states the power to implement their ballot initiatives.
The Justice Department announced Thursday it would not sue to undo legislation legalizing marijuana in 20 states, including Washington and Colorado. The agency did, however, announce it would monitor operations in those states to ensure they adhere to the law.
A memorandum from Deputy Attorney General James M. Cole outlined eight enforcement priorities “that are particularly important to the federal government,” the document states. The guidelines, Cole wrote, will serve as guidance for the DOJ’s enforcement of the Controlled Substances Act.
Those eight guidelines are: preventing the distribution of marijuana to minors; preventing revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels; preventing the diversion of marijuana from states where it is legal under state law in some form to other states; preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; preventing violence and the use of firearms in the cultivation and distribution of marijuana; preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; preventing the growth of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and preventing marijuana possession or use on federal property.
“The Department’s guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those states could pose to pubic safety, public health, and other law enforcement interests,” the memorandum continues.
According to The Huffington Post, Holder spoke to the governors of Washington and Colorado in an joint phone call Thursday afternoon. The Attorney General told Gov. Jay Inslee and Gov. John W. Hickenlooper, respectively, the federal government would be taking a “trust but verify” approach to the legalization laws.
U.S. Attorney Generals will be responsible for not only interpreting the guidelines, but carrying them out as well.
Prior to both Washington and Colorado passing ballot initiatives legalizing recreational marijuana in 2012, President Barack Obama and his administration struggled with how to proceed with states that legalized medical marijuana use. According to the New York Times, the White House said as early as last week President Obama did not support changing federal law regulating marijuana.
But after recreation marijuana became legalized, The Huffington Post reported, Obama said the government “had bigger fish to fry” and would not make pursuing marijuana users a high priority.
And since states began legalizing recreational marijuana use, several members of Congress have called on the Obama administration to clarify the blurred line between states’ laws and federal law. Holder plans to testify before the Senate Judiciary Committee on September 10 to voice the White House’s stance on state laws.
“It is important, especially at a time of budget constraints, to determine whether it is the best use of federal resources to prosecute the personal or medicinal use of marijuana in states that have made such consumption legal,” Sen. Patrick Leahy (D-Vt.),the committee’s chair, told The New York Times. “I believe that these state laws should be respected. At a minimum, there should be guidance about enforcement from the federal government.”
And the Justice Department’s announcement has drawn praise form pro-cannabis groups.
In a statement from Dan Riffle, director of federal policies for the Marijuana Policy Project, Holder’s actions were hailed as a “major and historic step.”
“We applaud the Department of Justice and other federal agencies for its thoughtful approach and sensible decision,” Riffle said. “It is time for the federal government to start working with state officials to develop enforcement policies that respect state voters, as well as federal interests. The next step is for Congress to act. We need to fix our nation’s broken marijuana laws and not just continue to work around them.”
See the Justice Department’s memo below, from The Huffington Post
