Tag Archives: Eric Holder

Eric Holder Reigns in DEA Chief Michele Leonhart for Undermining Obama’s Position on Marijuana Sentencing

Left, Michelle Leonhart; right, Eric Holder
Left, Michele Leonhart; right, Eric Holder

In recent talks with Attorney General Eric Holder, DEA Chief Michele Leonhart was encouraged to tone down the Drug War propaganda she has been advancing since the Obama administration did not sue the state of Colorado for legalizing marijuana. Since then, she has taken several public stands against the administration’s rhetoric on marijuana legalization and, more recently, lessening the punishment of people who commit federal drug crimes.

According to Huffington Post’s Ryan Reilly and Ryan Grim, Leonhart was “called in” by Holder for a “one [on] one chat about her recent insubordination.” As a 34-year bureaucrat of the DEA, Leonhart is having a hard time shifting her tone away from the DEA’s aggressive stance against illegal drugs.

Since the talks, Leonhart has said she “supports the Attorney General’s sentencing reform initiative to ensure those sentences are imposed appropriately” through legislation like the Smarter Sentencing Act. This type of legislation would save taxpayers billions of dollars and keep thousands of people out of jail for certain types of nonviolent crimes, like marijuana use, by eliminating mandatory minimum sentencing.

Michele Leonhart’s alignment with the Obama administration’s stance on drug sentencing and marijuana policy creates cautious optimism for change in the prosecution of unnecessary federal arrests.

Colorado Lawmakers Set Up Banking System for Marijuana Industry

CO flagColorado lawmakers moved the marijuana industry away from its cash-only roots on Wednesday when they approved the world’s first financial system for marijuana businesses. The plan sets up a network of uninsured cooperatives, which gives the industry an avenue to basic banking services.

Even in light of Eric Holder’s comments on banking, marijuana businesses have still had a hard time finding banks to even let them open checking accounts, for fear of committing a federal crime. According to an AP article by Kristen Wyatt, “Shop owners in the state say a small number of credit unions will do business with them, too, though no banks or credit unions have said so publicly.”

Colorado’s new plan for banking would let marijuana business pool money in cooperatives, which would let stores accept credit cards and checks. However, these co-ops would need U.S. Federal Reserve approval first.

The plan has bipartisan support, partially because it gives the state the ability to audit marijuana shops and make sure they are paying taxes. Even Gov. John Hickenlooper supports the plan, and has pledged to sign it into law once he receives the final language of the bill.

Establishing a co-op-based banking system for marijuana businesses reduces the risk of crime by moving large cash reserves out of stores and into banks. It makes the industry more accountable and establishes a system that other states can follow as they begin to tax and regulate marijuana.

Department of Justice to Create Marijuana Industry Banking Regulations

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Attorney General Eric Holder

On Thursday, Attorney General Eric Holder announced his intent to craft regulations that would allow banking services for legitimate marijuana businesses throughout the country. Banks and credit card companies have been wary of working with marijuana businesses for fear of federal prosecution and loss of licensing, causing serious issues with public safety and hampering the growth of the industry. Advocates are hopeful that this statement directly from Holder, proposing regulations instead of guidance memos, signals a growing tolerance of marijuana policy reform among the states.

MPP’s Dan Riffle discussed the issues facing marijuana businesses on Marketplace on NPR this morning.

UN Losing Support for War on Drugs

The US has been the major proponent for the international war on drugs, yet Eric Holder resisted pressure from the UNUN logo to sue Washington and Colorado over regulating marijuana last March. Now, a rough draft of a document detailing the United Nation’s future plans for combating illicit drug use has been leaked and reported by the Guardian.

The document, still a rough draft, is meant to ultimately form the UN’s statement on drug policy to be released in the Spring. The draft shows some difference of opinion, particularly among South American countries.  According to the document, many countries are ready to end the United States-led plan of prohibition and focus on rehabilitation and treatment for drug users. Columbia, Guatemala, and Mexico have argued that prohibition allows the market to be controlled by dangerous cartels, while Venezuela is calling for a discussion of the economic implications of current drug policy. The European Union also indicated that the final document should include treatment as an alternative to incarceration for drug dependent offenders.

Support for a policy shift from incarceration to treatment has been growing steadily over the years according to the Seattle Post Intelligencer, which cites statements from international leaders and a 2002 committee for the European Parliament, among other indicators. Apparently, the now clear difference in opinion is anything but new.

“The idea that there is a global consensus on drugs policy is fake,” said Damon Barrett, deputy director of the charity Harm Reduction International. “The differences have been there for a long time, but you rarely get to see them. It all gets whittled down to the lowest common denominator, when all you see is agreement. But it’s interesting to see now what they are arguing about.”

Click here to read more about international marijuana policies.

New DOJ Charging Policy to be Applied to Pending Cases

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Attorney General Eric Holder

In August, Attorney General Eric Holder announced that the DOJ would avoid prosecuting low-level, non-violent drug offenders with harsh charges that carry mandatory minimums.

Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities. However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.

Now, the DOJ has taken another step and announced that the new policy will also apply to persons who have been charged but not yet tried and persons who have been tried but not yet sentenced. The attorney general instructed his prosecutors to re-file charges in these cases so that low-level offenders will not be subjected to disproportionate sentences.

I am pleased to announce today that the department has issued new guidance to apply our updated charging policy not only to new matters, but also to pending cases where the defendant was charged before the policy was issued but is still awaiting adjudication of guilt. 

This announcement comes in the wake of a statement by the DOJ last month that the federal government would allow states to continue with their plans to regulate and tax marijuana without interruption, so long as they meet certain criteria.