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Feds Reaffirm That They Will Not Likely Challenge State Legalization Laws

Speaking today before the US Senate Judiciary Committee, 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 Committee, adding that state “decriminalization [laws] can co-exist with federal [drug] laws.”

In an August 29 Department of Justice memorandum, Deputy Attorney General Cole 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 here. 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 which 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.”

Today’s 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 Chairmen Patrick Leahy (D-VT), who acknowledged that the federal government “must have a smarter approach to marijuana policy.” Witnesses at today’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.

Archived video of today’s US Senate Judiciary hearing is online here.

  • Brian Kelly

    _The “War on Marijuana” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over a trillion dollars.

    Instead of The United States wasting Billions upon Billions of more dollars fighting a never ending “War on Marijuana”, lets generate Billions of dollars, and improve the deficit instead. It’s a no brainer.

    The Prohibition of Marijuana has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to prison and are being given permanent criminal.records which ruin their chances of employment for the rest of their lives, and for what reason?

    Marijuana is way safer, and healthier to consume than alcohol. Yet do we lock people up for choosing to drink?

    Marijuana is the safest and healthiest recreational substance known to man, with many wonderful medical benefits as well.

    Even The President of the United States himself has used marijuana. Has it hurt his chances at succeeding in life? If he had gotten caught by the police during his college years, he may have very well still been in jail today! Beyond that, he would then be fortunate to even be able to find a minimum wage job that would consider hiring him with a permanent criminal record. Let’s end this hypocrisy now!

    The government should never attempt to legislate morality because it simply does not work and costs the taxpayers a fortune.

    Marijuana Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!

    Legalize Nationwide! Support Each and Every Marijuana Legalization Initiative!_

BAD TIDINGS FOR EAST HAWAII

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