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Department of Justice Advises U. S. Attorneys to Not Enforce Federal Law

Which is a Slippery Slope of the First Order.

I was under the impression that the DoJ and the United States Attorney's were charged with enforcing all the Federal Laws.

Obama Won't Seek to Arrest Medical Pot Users
Federal prosecutors are told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

FoxNews.com

WASHINGTON -- Pot-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in states that allow medical marijuana, prosecutors were told Monday in a new policy memo issued by the Justice Department.

Under the policy spelled out in a three-page legal memo, federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

The guidelines being issued by the department do, however, make it clear that federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes.

The memo advises prosecutors they "should not focus federal resources in your states on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."

For myself, I'm ambivelent as regards marijuana in general and the "medical" uses thereof (when did the FDA approve marijuana for medical applications?) in particular. I'm much less ambivalent about the Justice Department not enforcing the laws they are sworn to uphold. If Obama wants to change this, he should propose legislation to legalize it vice instructing his Attorney General not to enforce the laws on the books.


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Comments (28)

If tax cheats aren't pursue... (Below threshold)
Nancy's Nazi:

If tax cheats aren't pursued, why should pot users?

Sounds like the Feds are ce... (Below threshold)
jvc:

Sounds like the Feds are ceding power to the states on this one. Hopefully a new precedent is being established here?

Many dont call it WASHINGTO... (Below threshold)
Flu-Bird:

Many dont call it WASHINGTON D.C.(DISTRICT of CRINIMALS)for nothing and nothings changed in washington at all

They are not ceding power s... (Below threshold)
JustRuss:

They are not ceding power so much as ignoring laws that are inconvenient to them at the current time. Actually rescinding the law would show a removal of the reigns rather than a slackening.

As for Marijuana in general: I do not use it, but have family that do. If it is used properly like alcohol there is no harm to anyone but the user (and that is debatable) except for the illegal distribution and the other crimes that are tied to it.

I could care either way, but think they should legalize and tax it so that you can buy it in packs. Is it currently illegal to grow your own tobacco for personal use?

It's about damned time. </p... (Below threshold)
Donno:

It's about damned time.

Now how about firing and/or prosecuting some of those criminal 'law enforcement' officials who have taken it upon themselves to end medical marijuana despite it being state law, and releasing their innocent victims?

Why waste our time not enfo... (Below threshold)
bobdog:

Why waste our time not enforcing pot laws when we could be spending our time not enforcing our immigration, voter fraud or tax laws?

There are so many other, more worthy, laws we could be not enforcing.

If they want to smoke let t... (Below threshold)
914:

If they want to smoke let them. No more new tax dollars going to the corrupt broken governments either. But, I realize. Whenever there's a buck to be contrived, there's Uncle Sam. Sticking it to us "free" citizens at every turn.

The Fed Goct needs to move ... (Below threshold)
Matt:

The Fed Goct needs to move to legalize, control (like liquor license) and tax marijuana. Put "medical" marijuana under control of the FDA. Put the USDA to work developing a non THC variant to harvest fibers for textile etc. Good stimulus all the way around. Put a small "pot" tax on manufactured foods favored by people with the munchies.

As far as I am concerned th... (Below threshold)
JustRuss:

As far as I am concerned this is a non issue compared to Meth or Coke or Heroin. In general if people want to screw themselves up I don't give a shite, just as much damage can be done with Alcohol.

You can not legislate morality, nor do I think it immoral to smoke pot or take any other drug as long as you are the only one being hurt. Unfortunately with the production and distribution being illegal there are plenty of people hurt along the way even if you don't hurt someone yourself.

Did Barry get his medical c... (Below threshold)
GarandFan:

Did Barry get his medical card?

I don't have a problem with... (Below threshold)
JLawson:

I don't have a problem with legalizing pot.

I DO have a problem with making an end run around the legal processes set in place to change the laws as they're currently written.

If Obama wants it legalized - change the law. If he's not going to change the law, then he's pandering to groups that he figures he can grab votes from... assuming they aren't so stoned on election day they can't figure out where their polling place is.

Yes Russ, You dont hear of ... (Below threshold)
914:

Yes Russ, You dont hear of a lot of people dying in car crashes from smokin and driving. A combination, sure. But alcohol by itself destroys many 100,000's of lives on and off the road every year. I fail to see why local, state and federal government should profit from all this misery?

Oh well, like I said. Just so the government gets its pound of flesh.

"assuming they aren't so st... (Below threshold)
914:

"assuming they aren't so stoned on election day they can't figure out where their polling place is"

Thats where ACORN steps in to "help".

"Did Barry get his medical card?"

Dont need one, He's the Won! Besides He just bum's His doobage from Rahm.

"Thats where ACORN steps... (Below threshold)
JLawson:

"Thats where ACORN steps in to "help"."

LOL, 914 - they're 'helpful' sorts, aren't they!

This is the core of Nancy P... (Below threshold)
tyree:

This is the core of Nancy Pelosi's "Culture of Corruption". Enforce laws on the books selectively until the desired radical effect is registered on society.

Drug enforcement, tax law, immigration law. There seems to be quite a few laws on the list that have optional enforcement provisions according to President Obama's administration.

Rodney,I just post... (Below threshold)
Pilgrim:

Rodney,

I just posted on this over at Say Anything (it's up on Wizbang's front page links.) My take on it differs somewht from yours. I think it's about time. The fed should butt out of the state's business.

Marijuana that is not home ... (Below threshold)
epador:

Marijuana that is not home grown by "licensed" medical marijuana providers is likely part of the Mexican Cartel product line, which brings death and misery to thousands of Mexicans as well as Americans every year. Most medical marijuana laws don't require the user document his or her source. Yeah, lets just ignore marijuana. Its harmless.

RIGHT.

I mentioned that ep, and 91... (Below threshold)
JustRuss:

I mentioned that ep, and 914 everything gets taxed, if they can tax pot and lower income tax at least at the state level then I am all for it.

They tried outlawing alcohol and it didn't work, all those deaths and mamings are sad but they happen whether the drug is legal or not.

I've long thought that the ... (Below threshold)
epador:

I've long thought that the best plan would be to allow the native americans sole rights to what are currently illegal drugs - must be used on the reservation, but can be sold and used there anyway they like. Sobriety stations at the border can charge a clearance fee and a stiff fine if someone's impaired and trying to cross back. Similar still fines for smuggling out.

One small step for man...on... (Below threshold)

One small step for man...one giant leap for mankind.

Does this mean when a Repub... (Below threshold)
Wayne:

Does this mean when a Republican becomes President again that it will be O.K. for him to not enforce any Federal law or regulation he chooses?

He can choose to let the companies pollute to his standard , not go after people for buying heavy machine guns, or anyone not pay taxes over a certain percentage. Oh the many possibilities.

Does this mean when a Repub... (Below threshold)

Does this mean when a Republican becomes President again that it will be O.K. for him to not enforce any Federal law or regulation he chooses?

They are not going to lower... (Below threshold)
914:

They are not going to lower taxes period Russ. Their addicted to the little funding projects they amuse themselves with at our exspense and will not relinquish them once they are in place.

I DO have a problem with... (Below threshold)
John:

I DO have a problem with making an end run around the legal processes set in place to change the laws as they're currently written.

End run around the legal processes? You must have missed this:

"federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law."

Surely you agree with the notions of a) the feds, like any law enforcement agency, do not have the manpower to enforce every law on the books, thus requiring prioritization; and b) states' rights.

Ah, but this is Obama's administration saying it, so it's automatically bad.

"federal prosecutors are... (Below threshold)
JLawson:

"federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law."

So why are they arresting them?

Because it's against federal law, correct?

So... why not change the federal law? Rescind it completely, instead of just going "Oh, let's not enforce it... for now."

"Surely you agree with the notions of a) the feds, like any law enforcement agency, do not have the manpower to enforce every law on the books, thus requiring prioritization; and b) states' rights."

Surely you agree with the notion that if they don't have the manpower to enforce every law on the books, then perhaps the legal system ought to go on a strict diet and have the excess lard removed from the legal lexicon, instead of carrying around a couple of tons of fat for every pound of muscle, right?

At any time the Feds can go "Our laws take priority over state laws" - seems to me that the best way to take care of that is to remove the laws from the Fed, like pulling the teeth in the biting dog. Without the laws, the Fed is much less harmful to the state.

From BARACK OBAMAS and his ... (Below threshold)
Flu-Bird:

From BARACK OBAMAS and his DEPT ON INJUSTICE

I think this is good news, ... (Below threshold)
Amy:

I think this is good news, now they can concentrate on major drug problems.

Surely you agree with th... (Below threshold)
John:

Surely you agree with the notion that if they don't have the manpower to enforce every law on the books, then perhaps the legal system ought to go on a strict diet and have the excess lard removed from the legal lexicon

Why would I agree with such a stupid notion? The things that society deems to be illegal should be in direct proportion to the headcount of the relevant enforcement agency? Police departments don't have enough cops to catch all the speeders, therefore let's repeal the drunk driving and carjacking laws to give them more time to focus on them?

If you were going for some sort of irony, I missed it.




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