Feds Reaffirm That They Will Not Likely Challenge State Legalization Laws

  • by Paul Armentano, NORML Deputy Director September 10, 2013

    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.

    66 responses to “Feds Reaffirm That They Will Not Likely Challenge State Legalization Laws”

    1. Mitch says:

      Finally, the Feds have responded to the Will of the People.At least were headed in the rite direction. This would have never happened if Romney came in. The entire industry would have collapsed….Thank you Eric Holder and Deputy Cole… Cannabis Prohibition is coming to an end…

    2. Hempocity says:

      And with that reassurance, all sorts of emerging industries can now get financial backing and actually emerge . Quite possibly the biggest positive impact on these state’s economies since the “Big Deal”

    3. troy says:

      Oblama and holdem didn’t have anything to do with the meeting the will of the people have spoken. notice how oblama has avoided the question since he took office.. remember he had an internet session and number one question the was asked that did not even get recognized was what??? need I say more.. these guys do nothing but pass the buck… poor excuse for leadership if you ask me..

    4. Joel: the other Joel says:

      I’m glad how it all turned out.

    5. Anonymous says:

      What about states like Michigan,i’m legal in our mj program but can’t legally own or buy a shotgun? This isn’t enough.

    6. Xi1e76 says:

      What about companies that will not honor legalization at a state level for drug testing for their employees? Like my company says that they only follow federal law and doesnt care about what the state says… So even if its legal for rec. or med. i can still lose my job because of what the federal law says? Is their anyway around this?

    7. SanePolicy says:

      The uninformed, alarmist, hyperbolic BS that was spewed from Kevin Sabet at that hearing today was difficult to listen to. I would have expected a more informed opinion from someone with an Oxford education.

    8. Will says:

      Well it seems our government officials are finally looking at the prohibition of marijuana in a more logical and neutral way. The 8 conditions are completely reasonable and their fulfillment would probably be helped more than hindered by legalization.

    9. SanePolicy says:


    10. SanePolicy says:

      Whatever you do here, don’t say anything at all negative about Kevin Sabet… Your comments will be REMOVED.