Feds mellow on state pot laws

Legalization backers hail Justice Dept.’ s announcement

The Justice Department’s sweeping decision not to challenge state laws that permit medical and recreational use of marijuana is being hailed as a major breakthrough by advocates of decriminalizing the drug’s use.

Although the directive issued by Attorney General Eric Holder will apply nationwide, it will largely affect the 20 states and the District of Columbia that allow for medical marijuana use, and Colorado and

Holder is “not just abandoning the law. He’s breaking the law.”

Peter Bensinger, former head of the Drug Enforcement Administration

Washington, where laws allow medical and recreational use by adults.

“Today’s announcement demonstrates the sort of political vision and foresight from the White House we’ve been seeking for a long time,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, which supports legalization and favors referring offenders to treatment rather than prison.

Holder’s directive says the department won’t challenge laws in those states as long as the drug sales do not conflict with eight new federal enforcement priorities. Those include the distribution of marijuana to minors and sales that assist or act as cover for trafficking operations, according to the directive being issued Thursday to federal prosecutors across the country. Holder briefed the governors of Colorado and Washington on the new directive in a conference call. Federal prosecutors were also to brief authorities in other states.

The new guidelines do not change marijuana’s classification as an illegal drug, but it effectively discourages the pursuit of individual non- violent marijuana users who have no links to criminal gangs or cartel operations.

Sen. Mark Udall, D- Colo., had pressed the federal government to respect the state’s decision. “This is a critical first step in providing muchneeded certainty for Colorado’s residents and businesses who have been left in limbo since the voters decriminalized marijuana in 2012,” he said.

The announcement, however was not being hailed in all corners. “We are very disappointed that Eric Holder’s not doing his job,” said Calvina Fay, executive director of the Drug Free America Foundation. “He has created what will become a tsunami that will most likely result in far too many young people becoming victims of chemical slavery.”

Peter Bensinger, former head of the Drug Enforcement Administration, said the action amounted to a violation of the law. Holder is “not just abandoning the law,” Bensinger said, “he’s breaking the law.”