By Gregory B. Hladky
2:33 PM EDT, August 29, 2013
The dramatic shift in the federal approach to drugs continued Thursday when the Obama Administration announced it won't filed suit to block pot legalization by states.
Oregon and Colorado have already passed laws allowing the recreational use of small amounts of marijuana. Another 18 states (including Connecticut) have approved medical marijuana programs, and a slew of states like ours have decriminalized possession of small amounts of pot.
Earlier this month, U.S. Attorney General Eric H. Holder Jr. said the federal government recognized the need to change its approach to drug crime and drug crime sentencing, in part because federal prisons were overflowing with War on Drug defendents who really didn't need to be behind bars.
Here's the text of the press release on the change in federal policy toward state marijuana legalization:
Today, the U.S. Department of Justice announced an update to its federal marijuana enforcement policy in light of recent state ballot initiatives that legalize, under state law, the possession of small amounts of marijuana and provide for the regulation of marijuana production, processing, and sale.
In a new memorandum outlining the policy, the Department makes clear that marijuana remains an illegal drug under the Controlled Substances Act and that federal prosecutors will continue to aggressively enforce this statute. To this end, the Department identifies eight (8) enforcement areas that federal prosecutors should prioritize. These are the same enforcement priorities that have traditionally driven the Department’s efforts in this area.
Outside of these enforcement priorities, however, the federal government has traditionally relied on state and local authorizes to address marijuana activity through enforcement of their own narcotics laws. This guidance continues that policy.
For states such as Colorado and Washington that have enacted laws to authorize the production, distribution and possession of marijuana, the Department expects these states to establish strict regulatory schemes that protect the eight federal interests identified in the Department’s guidance. These schemes must be tough in practice, not just on paper, and include strong, state-based enforcement efforts, backed by adequate funding. Based on assurances that those states will impose an appropriately strict regulatory system, the Department has informed the governors of both states that it is deferring its right to challenge their legalization laws at this time. But if any of the stated harms do materialize—either despite a strict regulatory scheme or because of the lack of one—federal prosecutors will act aggressively to bring individual prosecutions focused on federal enforcement priorities and the Department may challenge the regulatory scheme themselves in these states.
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