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April 15, 2014

Notable comments by AG Holder about marijuana legalization in the states

This notable new Huffington Post article, headlined "Eric Holder 'Cautiously Optimistic' About Marijuana Legalization," reports on notable new interview with the AG discussing his latest view onf marijuana reform. Here are excertps: 

Attorney General Eric Holder is "cautiously optimistic" about how things are going in Washington state and Colorado following the legalization and state regulation of marijuana. But the nation's top law enforcement official, who spoke to The Huffington Post in an interview on Friday, also said it was tough to predict where marijuana legalization will be in 10 years.

"I'm not just saying that, I think it's hard to tell," Holder said in a jury room at the federal courthouse in Charleston, which he visited as part of the Justice Department's Smart on Crime initiative. "I think there might have been a burst of feeling that what happened in Washington and Colorado was going to be soon replicated across the country. I'm not sure that is necessarily the case. I think a lot of states are going to be looking to see what happens in Washington, what happens in Colorado before those decisions are made in substantial parts of the country."

Under Holder, the Justice Department has allowed marijuana legalization to move forward in Washington and Colorado and has issued guidance to federal prosecutors that is intended to open up banking access for pot shops that are legal on the state level.

Based on the reports he has received out of Washington and Colorado, Holder also said he thinks things are going about how he'd expected them to go. "I think what people have to understand is that when we have those eight priorities that we have set out, it essentially means that the federal government is not going to be involved in the prosecution of small-time, possessory drug cases, but we never were," Holder said. "So I'm not sure that I see a huge change yet, we've tried to adapt to the situation in Colorado with regard to how money is kept and transacted and all that stuff, and try to open up the banking system."

"But I think, so far, I'm cautiously optimistic," Holder continued. "But as I indicated to both governors, we will be monitoring the progress of those efforts and if we conclude that they are not being done in an appropriate way, we reserve our rights to file lawsuits."

Holder's positive outlook on how legalization is going in Washington and Colorado stands in contrast to the views expressed by Drug Enforcement Administration head Michele Leonhart, who reportedly criticized President Barack Obama for comparing marijuana to alcohol. Leonhart claimed earlier this month that voters were mislead when they voted to legalize and regulate marijuana on the state level, that Mexican drug cartels are "setting up shop" in Washington and Colorado and that this country should have "never gone forward" with legalization. Another DEA official recently claimed that "every single parent out there" opposed marijuana legalization.

Washington and Colorado, of course, aren't the only places in the U.S. reforming their approach to marijuana. In March, Washington, D.C., decriminalized the possession of small amounts of marijuana. Asked about D.C.'s move, Holder said it didn't make sense to send people to jail on possession charges. "Well, I'll tell you, as a former judge, I had to put in jail substantial numbers of young people for possessory drug offenses, and it was not from the perspective I had as a judge necessarily a good use of law enforcement resources," Holder said. "When I became U.S. attorney we put in place certain guidelines so that people would not end up, especially young people, with criminal records and all that then implies for them."...

Holder also acknowledged the Obama administration has made the political decision not to unilaterally "reschedule" marijuana by taking it off the list of what the federal government considers the most dangerous drugs, though that is something the attorney general has the authority to do. Instead, Holder has said DOJ would be willing to work with Congress if they want to reschedule marijuana, which doesn't seem likely to happen in the near future.

"I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

April 15, 2014 at 09:27 AM | Permalink

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Comments

sorry AG Holder but you wouldn't know how to do "smart" when doing up your shoe laces. Sorry but till the febs make it legal the state's can't. Nothing can change that.

all this proves is your totally useless in doing your required job and should be removed and forced to return every dine your useless ass has been paid during your tenure.

Posted by: rodsmith | Apr 15, 2014 3:46:18 PM

Rodsmith, you sound very confident in your opinions. Why do you think the states must wait for the federal government to act before they repeal their own laws criminalizing marijuana?

Posted by: Curious | Apr 15, 2014 4:20:36 PM

LOL that comment shows me you failed miserably in school curious. Otherwise you would know that federal law trumps state. As long as it's a restricted no use period drug under federal law. It's not possible for any jurisdiction UNDER them to allow it.

Posted by: rodsmith | Apr 16, 2014 3:38:26 PM

legally if all the states now want that drug to be legal. They need to make sure the congress critters and senators they send pass federal law to change it. At that point then they can pass state law to go along.

Posted by: rodsmith | Apr 16, 2014 3:40:04 PM

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