In a big departure from the policies of the George W. Bush era, the Justice Department issued a new policy memo to prosecutors on Monday telling them that pot-smoking patients and their sanctioned suppliers should not be targeted for federal prosecution in states that permit medical marijuana. In the 3-page legal memo, federal prosecutors are told it is not a good use of their time to arrest those who use or provide medical marijuana in strict compliance with state law.
The guidelines issued by the Justice Department, however, make it quite clear that federal agents can and will go after those who's marijuana distribution goes beyond what is permitted under state law, and those who use medical marijuana as a cover for other crimes.
Attorney General Eric Holder said in a statement.
"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal."
The Bush administration had insisted that it would continue to enforce federal anti-pot laws, regardless of state regulations. By advising federal prosecutors not to bother with harassing people who are using or distributing medical marijuana in compliance with the law, the Obama administration is making a huge departure from previous administrations.
There are currently 14 states that allow some use of marijuana for medical purposes. Those states include: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Of those, California is perhaps the best known, due to the widespread presence of businesses that sell marijuana and that are even permitted to advertise their services.
Deputy Attorney General David Ogden, who wrote the memo, emphasizes that the prosecutors have wide discretion choosing which cases to pursue, but indicates that it is a waste of federal money and manpower to prosecute those who are in compliance with state law. The memo was sent out Monday to federal prosecutors in 14 states, as well as to top officials at the Federal Bureau of Investigations and the Drug Enforcement Administration.
Bruce Mirken, communications director for the Marijuana Policy Project said:
"This is a major step forward. This change in policy moves the federal government dramatically toward respecting scientific and practical reality."