The federal government said Thursday that it won't sue to stop the states of Colorado and Washington from allowing recreational marijuana use.
In a sweeping policy announcement, the Justice Department outlined eight top priority areas for its enforcement of marijuana laws.
They range from preventing the distribution of marijuana to minors to preventing sales revenue from going to criminal enterprises, gangs and cartels and preventing the diversion of marijuana outside of states where it is legal under state law.
Other top-priority enforcement areas include preventing state-authorized marijuana activity from being used as a cover for trafficking other illegal drugs and preventing violence and the use of firearms in the cultivation and distribution of marijuana. The top areas also include preventing drugged driving, preventing growing marijuana on public land and preventing marijuana possession on federal property.
The announcement follows the first-in-the-nation legalization of recreational marijuana use by the states of Colorado and Washington.
Last December, President Barack Obama said it does not make sense for the federal government to go after recreational drug users in a state that has legalized recreational use of small amounts of marijuana.
A Justice Department official said that Attorney Gen. Eric Holder told the governors of Washington and Colorado in a joint phone call early Thursday afternoon that the department would take a "trust but verify approach" to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states' regulation of marijuana is illegal under the Controlled Substances Act, the Huffington Post reported.
The memo outlines eight priorities for federal prosecutors enforcing marijuana laws. According to the guidance, DOJ will still prosecute individuals or entities to prevent:
- 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.
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