Fed's new enforcement priorities & state medical marijuana laws

[Guest guest]

Feds to issue new medical marijuana policy

By DEVLIN BARRETT, Associated Press Writer Devlin Barrett, Associated Press

Writer

WASHINGTON – Federal drug agents won't pursue pot-smoking patients or their

sanctioned suppliers in states that allow medical marijuana, under new legal

guidelines to be issued Monday by the Obama administration.

Two Justice Department officials described the new policy to The Associated

Press, saying prosecutors will be told it is not a good use of their time to

arrest people who use or provide medical marijuana in strict compliance with

state law.

The guidelines to be issued by the department do, however, make it clear that

agents will go after people whose marijuana distribution goes beyond what is

permitted under state law or use medical marijuana as a cover for other crimes,

the officials said.

The new policy is a significant departure from the Bush administration, which

insisted it would continue to enforce federal anti-pot laws regardless of state

codes.

Fourteen states allow some use of marijuana for medical purposes: Alaska,

California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New

Mexico, Oregon, Rhode Island, Vermont and Washington.

California is unique among those for the widespread presence of dispensaries —

businesses that sell marijuana and even advertise their services. Colorado also

has several dispensaries, and Rhode Island and New Mexico are in the process of

licensing providers, according to the Marijuana Policy Project, a group that

promotes the decriminalization of marijuana use.

Attorney General Eric Holder said in March that he wanted federal law

enforcement officials to pursue those who violate both federal and state law,

but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent Monday to

federal prosecutors in the 14 states, and also to top officials at the FBI and

Drug Enforcement Administration.

The memo, the officials said, emphasizes that prosecutors have wide discretion

in choosing which cases to pursue, and says it is not a good use of federal

manpower to prosecute those who are without a doubt in compliance with state

law.

The officials spoke on condition of anonymity because they were not authorized

to discuss the legal guidance before it is issued.

" This is a major step forward, " said Bruce Mirken, communications director for

the Marijuana Policy Project. " This change in policy moves the federal

government dramatically toward respecting scientific and practical reality. "

At the same time, the officials said, the government will still prosecute those

who use medical marijuana as a cover for other illegal activity. The memo

particularly warns that some suspects may hide old-fashioned drug dealing or

other crimes behind a medical marijuana business.

In particular, the memo urges prosecutors to pursue marijuana cases which

involve violence, the illegal use of firearms, selling pot to minors, money

laundering or involvement in other crimes.

And while the policy memo describes a change in priorities away from prosecuting

medical marijuana cases, it does not rule out the possibility that the federal

government could still prosecute someone whose activities are allowed under

state law.

The memo, officials said, is designed to give a sense of prosecutorial

priorities to U.S. attorneys in the states that allow medical marijuana. It

notes that pot sales in the United States are the largest source of money for

violent Mexican drug cartels, but adds that federal law enforcement agencies

have limited resources.

Medical marijuana advocates have been anxious to see exactly how the

administration would implement candidate Barack Obama's repeated promises to

change the policy in situations in which state laws allow the use of medical

marijuana.

Soon after Obama took office, DEA agents raided four dispensaries in Los

Angeles, prompting confusion about the government's plans.

___

On the Net:

Drug Enforcement Administration: http://www.usdoj.gov/dea/

Marijuana Policy Project: http://www.mpp.org/

http://news./s/ap/ap_on_go_ca_st_pe/us_medical_marijuana