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Feds Reaffirm That They Will Not Likely Challenge State Legalization Laws

Thursday, 12 September 2013

Feds Reaffirm That They Will Not Likely Challenge State Legalization Laws

Washington, DC:  United States Deputy Attorney General James Cole reaffirmed that the Justice Department is unlikely to challenge statewide marijuana legalization efforts, provided that these efforts impose "robust regulations" which discourage sales to minors and seek to prevent the diversion of cannabis to states that have not yet legalized its use.

"We will not ... seek to preempt state ballot initiatives," Cole told members of the US Senate Judiciary Committee on Tuesday, adding that state "decriminalization [laws] can co-exist with federal [drug] laws."

In an August 29 Department of Justice memorandum, Deputy Attorney General Cole had previously directed the US Attorneys in all 50 states not to interfere with the implementation of state marijuana regulations, unless such activities specifically undermined eight explicit federal law enforcement priorities.

In response to a question from Sen. Sheldon Whitehouse (D-RI), Cole also stated that federal prosecutors should utilize similar discretion and not interfere with the activities of state-compliant cannabis dispensaries, as long as their actions "are not violating any of the eight federal enforcement priorities" outlined in the agency's August 29th memo. Rhode Island is one of six states, as well as Washington, DC, that presently licenses the production and distribution of medical cannabis. Six additional states are expected to enact similar licensing regulations in the coming months.

Several Senators and witnesses questioned whether the Justice Department would consider amending federal financial regulations that presently inhibit state-compliant cannabis businesses from taking standardized tax deductions and partnering with conventional financial institutions. Deputy Attorney General Cole responded that such proposed changes in law were arguably the responsibility of Congressional lawmakers, not the Justice Department.

Commenting on the hearing, NORML Communications Director Erik Altieri said, "For the first time in modern history, members of the US Congress and the Justice Department were not discussing furthering cannabis prohibition, but instead were testifying to the merits of cannabis legalization and regulation."

The hearings marked the first time that members of Congress have explicitly weighed in on the conflict between state and federal marijuana laws since voters in Colorado and Washington elected to legalize the retail production and sale of the plant this past November. The hearing was called for by Senate Judiciary Chairman Patrick Leahy (D-VT), who acknowledged that the federal government "must have a smarter approach to marijuana policy." Witnesses at Tuesday's hearing also included King County, Washington Sheriff John Urquhart – a vocal supporter of the state's new legalization law – and Jack Finlaw, Chief Legal Council for the Colorado Governor's Office.

For more information, please contact Allen St. Pierre, NORML Executive Director, or Erik Altieri, NORML Communications Director, at (202) 483-5500. Archived video of the Senate Judiciary hearing is online at: http://www.c-spanvideo.org/program/StateMar.







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