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WASHINGTON – The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.
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 laws.
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 the 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 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.
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 laws.
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 the 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 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.
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Re: New medical marijuana policy issued
Mon, October 19, 2009 - 6:29 AMthere would be no money for the cartels if marijuana is decrimanolized--period---bastards make money out of miserie--and im talking jailers-lawyers-and all the rest of the f----g leeches out there--
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Re: New medical marijuana policy issued
Mon, October 19, 2009 - 5:43 PMThanx 4 posting this. I saw it right after you posted it. A friend called me today to talk to me about it. -
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Re: New medical marijuana policy issued
Mon, October 19, 2009 - 9:38 PM -
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Re: New medical marijuana policy issued
Tue, October 20, 2009 - 4:29 AMi think the feds are gone for now - worries are local hot dog types and criminals and as I've said before down this road eventually lies other issues beyond police - boy our society sure is a buzz kill! -
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Re: New medical marijuana policy issued
Tue, October 20, 2009 - 7:03 AMBefore you know it some Christian do gooder vigilantes like Blackwaters owner will take on the responsibility of ridding the world of the heinous marijuana plant. The will probably profit immensely from it somehow too. -
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Re: New medical marijuana policy issued
Tue, October 20, 2009 - 8:25 AMthey allready gaurd the opium poppies in afganistan and keep private prisons full up all over the world--thats a free market investment we all lose on-------dont kid yourself--they are just extending the leash---you must fight to get our freedom or we loose this dribble of peace that we have left
get up--stand-up-and dont give up the fight----- -
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Re: New medical marijuana policy issued
Tue, October 20, 2009 - 9:18 AMMy favorite Bob Marly song!
i see the problem rather simply - we don't have a democracy and we don't have a voice - instead of rifle butts and Jackboots, we have this crazy TV society that essentially serves the same purpose - in fact, this way is much better because the vast majority of people will never know that they are being totally and completely controlled, brainwashed into thinking we want a nice car, house, Plasma TV instead of our humanity
while our automated flying killing machines blow little children to pieces on the other side of the world for nothing but a bunch of words strung together -
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Re: New medical marijuana policy issued
Tue, October 20, 2009 - 9:21 AMthere's a perfect example right there, these Predator Drones - if you asked most people do they want to blow children to pieces in order to "win the war" (what a horrible black joke that is!) they would say NO WAY
yet we blow children to pieces
Don't even get me started to medical care - we don't need jackboots because we beat ourselves into submission, I think
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