In a big win for states' rights and potheads alike, it was announced late last night that the Obama administration would no longer seek to arrest medical marijuana users and suppliers as long as they conform to state laws.
Two Justice Department officials described the policy to the Associated Press, saying that prosecutors will be told it's not a good use of their time to prosecute people who provide medical marijuana in states where the drug is allowed.
As of today, 14 States allow medical marijuana in some aspect: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Some states a much more relaxed atmosphere than others, with California usually seen as having the least strict rules. It's the only state with widespread dispensaries, essentially "marijuana stores" where one can purchase plant marijuana as well as THC in many, many other forms.
This policy is largely a 180 from the Bush administration's, which continued to heavily police legitimate medical growers and distributors, especially in California. Supporters have long argued that the decision to allow medical marijuana should remain a states' issue, and the federal government was abusing its powers by arresting these legitimate businessmen and sick people.
A memo is expected to be sent out Monday to federal prosecutors in the 14 states that allow medical marijuana, as well as top DEA and FBI officials, according to the AP story.
The memo supposedly emphasizes that prosecutors have wide discretion in choosing which cases to prosecute, and says it is not a good use of federal manpower to prosecute cases that are obviously in compliance with state law.
At the same time the government will still prosecute dealers who use medical marijuana as a cover for other illegal activity. The memo particularly warns that some suspects may hide harder drug dealing or other crimes behind a medical marijuana business.
It will be interesting to see where the Obama administration takes this policy. If California legalizes weed for everyone, will they still stay out of the states business? If a precedent like that is set, we may see large scale legalization sooner than we ever thought.


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