Law & Politics

eric holder marijuana enforcement memo august 29, 2013, Source: http://media.salon.com/2013/03/eric_holder.jpg

In what may come as a surprise to many weed advocates, Attorney General Eric Holder assured the governors of Washington and Colorado on Thursday that the federal government will not block state laws that allow for the legalization of cannabis.

In both states, voters chose to legalize weed for recreational purposes. However, there will be conditions to avoiding federal prosecution. According to the Huffington Post, Deputy Attorney General James Cole issued a memo (here on justice.gov) outlining eight priorities for federal prosecutors to adhere to. The Department of Justice will instead focus on prosecuting the following:

  • the distribution of marijuana to minors
  • revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels
  • the diversion of marijuana from states where it is legal under state law in some form, to other states
  • state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity
  • violence and the use of firearms in the cultivation and distribution of marijuana
  • drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use
  • growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands
  • preventing marijuana possession or use on federal property

“We are encouraged by today’s response from the Obama administration,” said Aaron Smith, Executive Director of the National Cannabis Industry Association in a statement. “At the heart of the guidance is a willingness to respect the voters who have decided a regulated marijuana market is preferable to a criminal market in their states. Cannabis-related businesses in these states are creating thousands of jobs and generating tens of millions of dollars in tax revenue. These are clear public benefits.”

Yes, the DOJ can still play the preemption card if and when it chooses, since cannabis is still a Schedule I drug. Yes, we’ve been given promises before from Eric Holder on (medical) cannabis and states’ rights, but this is still a momentous step forward and we’ll take it.