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Feds Reaffirm That They Will Not Likely Challenge State Marijuana Legalization Laws

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federal legalization marijuanaBy Paul Armentano, NORML Deputy Director

Speaking 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.

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  1. Kudos to the Hon. Sen. Sheldon Whitehouse D-RI for holding Mr. Cole’s feet to the fire yesterday in the hearing. He continued to press DAG Cole for specific answers about what the DOJ would or would not do. It’s interesting to see that the government concedes publicly that there is no “positive conflict” between state and federal law. For a positive conflict to exist one law must require an act that is forbidden in the other law. His questions about the difference between the recent memo and the prior pronouncement show a very concrete grasp of the laws which affect the issue. He was very well briefed and clearly a student of the law. Such clear-headed analysis cuts thorough the wide-eyed rant of Mr. Sabet.
    Someone here compared Mr. Sabet to Le Pétomane from Blazing Saddles saying “We have to protect your phony baloney jobs.” I note that Le Pétomane was a professional farter who performed music by farting. How could that comparison be any more accurate?

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