DOJ Issues New Guidelines For Medical Marijuana
Federal prosecutors will not seek to arrest patients who use medical marijuana in states where such use is legalized, according to new formal guidelines on medical marijuana.
Attorney General Eric Holder on Monday issued new guidelines for federal agents in states that have laws authorizing the use of marijuana for medical purposes.
"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," Holder said.
"This balanced policy formalizes a sensible approach that the Department has been following since January: effectively focus our resources on serious drug traffickers while taking into account state and local laws."
Currently, there are fourteen states that have enacted laws in some form to address the use of medicinal marijuana: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.
Monday’s announcement marks a change in policy from that of the Bush administration, which sought to arrest operators of pot dispensaries on the grounds of federal law trumping state law.
Holder’s three-page memo reportedly instructs prosecutors to use their discretion when choosing which cases to pursue. It adds that agents should focus their resources on cases in which illegal firearm use is involved.
"This is a major step forward," Bruce Mirken, communications director for the Marijuana Policy Project told the Associated Press. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."
However, the guidelines do not completely rule out the option for the federal government to step in even in states where medical marijuana use is approved.
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