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LET IT BE: DOJ Issues New, Mellower Guidelines On Recreational & Medical Marijuana Law Enforcement


LOS ANGELES TIMES: The Obama administration announced Thursday a limited pullback on federal enforcement of marijuana, saying it will not interfere with new state laws that permit recreational use of marijuana. The Justice Department said it will not seek to veto new state laws in Colorado and Washington that legalize the recreational use of marijuana, and it will not bring federal prosecutions against dispensaries or businesses that sell small amounts of marijuana to adults. A department official stressed, however, that marijuana remains illegal under federal law, and that U.S. prosecutors will continue to aggressively enforce the law against those who sell marijuana to minors and to criminal gangs that are involved in drug trafficking. MORE

FORBES: It’s nice to hear that the Obama administration doesn’t at this point intend to file a lawsuit to overturn the will of the voters in states that have opted to modernize their marijuana policies, but it remains to be seen how individual U.S. attorneys will interpret the new guidance and whether they will continue their efforts to close down marijuana businesses that are operating in accordance with state law. It’s significant that U.S. attorneys will no longer be able to use the size or profitability of a legal marijuana business to determine whether or not it should be a target for prosecution, but the guidelines seem to leave some leeway for the feds to continue making it hard for state-legal marijuana providers to do business.

The administration’s statement that it doesn’t think busting individual users should be a priority remains meaningless, as it has never been a federal focus to go after people just for using small amounts of marijuana. The real question is whether the president will call off his federal agencies that have been on the attack and finally let legal marijuana businesses operate without harassment, or if he wants the DEA and prosecutors to keep intervening as they have throughout his presidency and thus continue forcing users to buy marijuana on the illegal market where much of the profits go to violent drug cartels and gangs. In all, today’s announcement represents a step in a right direction and a recognition by the administration that the politics of marijuana are rapidly shifting in favor of those who support legalization. However, my optimism is tempered by the fact that despite the Justice Department’s 2009 announcement that it shouldn’t be a priority to bust medical marijuana providers operating in accordance with state law, this administration went on to close down more state-legal marijuana businesses in one term than the Bush administration did in two terms. MORE

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