At a press briefing Thursday, the U.S. Department of Justice announced it will allow Colorado and Washington to move forward with implementation of laws establishing state-regulated systems of marijuana production and distribution.
“Today’s announcement is a major and historic step toward ending marijuana prohibition," said MPP director of federal policy Dan Riffle. "The Department of Justice's decision to allow implementation of the laws in Colorado and Washington is a clear signal that states are free to determine their own policies with respect to marijuana.
“We applaud the Department of Justice and other federal agencies for its thoughtful approach and sensible decision. It is time for the federal government to start working with state officials to develop enforcement policies that respect state voters, as well as federal interests. The next step is for Congress to act. We need to fix our nation's broken marijuana laws and not just continue to work around them.”
While the memo reiterates that marijuana use and distribution are still in violation of federal law, it lays out the priorities for the Department of Justice in states where marijuana policy differs from federal law:
- the distribution of marijuana to minors;
- revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;
- the diversion of marijuana from states where it is legal under state law in some form to other states;
- state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
- violence and the use of firearms in the cultivation and distribution of marijuana
- drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;
- preventing marijuana possession or use on federal property.
After the last memo issued by Cole regarding state medical marijuana law and federal enforcement, states with very clear policies in place to control and regulate marijuana distribution saw little or no interference. This latest memo seems to echo that position in the cases of Washington and Colorado for adult use, so hopefully we can expect the Department of Justice to continue this trend moving forward.
U.S. Senate Judiciary Committee to Hold Hearing on 'Conflicts Between State and Federal Marijuana Laws'
UPDATE: U.S. Attorney General Eric Holder will testify at the hearing.
U.S. Sen. Patrick Leahy (D-VT) announced Monday that the Senate Judiciary Committee will hold a hearing on “Conflicts Between State and Federal Marijuana Laws." Sen. Leahy has reportedly invited U.S. Attorney General Eric Holder and Deputy Attorney General James Cole to speak to the committee.
The hearing is scheduled for September 10 at 10 a.m. ET in Room 216 of the Hart Senate Office Building.
Sen. Leahy has said he believes state laws making marijuana legal for adult or medical use "should be respected."
MPP's director of government relations Dan Riffle had this to say:
"Two states have made marijuana legal for adult use and are establishing regulated systems of production and distribution. Twenty states plus our nation's capital have made it legal for medical use. By failing to recognize the decisions of voters and legislators in those states, current federal law is undermining their ability to implement and enforce those laws.
"Marijuana prohibition's days are numbered, and everyone in Washington knows that. It's time for Congress to stop ignoring the issue and develop a policy that allows states to adopt the most efficient and effective marijuana laws possible. We need to put the 'reefer madness' policies of the 1930s behind us and adopt an evidence-based approach for the 21st century."
This could be a really big deal. We'll keep you posted.