The guidelines make it clear, however, that federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medicinal 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.’’
The policy is a shift from the Bush administration, which insisted it would continue to enforce federal anti-marijuana laws regardless of state codes.
“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,’’ Attorney General Eric Holder said.
“This is a major step forward,’’ said Bruce Mirken, communications director for the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use. “This change in policy moves the federal government dramatically toward respecting scientific and practical reality.’’
Critics of the change, including some lawmakers, said it was a setback in the fight against Mexican drug cartels.
“We cannot hope to eradicate the drug trade if we do not first address the cash cow for most drug trafficking organizations - marijuana,’’ said Representative Lamar Smith of Texas, the top Republican on the House Judiciary Committee.
Justice Department officials say the new policy is intended to lay out prosecutorial priorities to US attorneys in the states that allow medicinal marijuana. It notes that marijuana sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources.
