by Ryan Walsh

Federal Focus on Marijuana

Remember, regardless of whether you reside in Georgia, or are visiting one of the states that allows recreational or medicinal marijuana use, that marijuana cultivation, possession, or distribution in any manner is still federally regulated. Marijuana is a Schedule 1 substance under the Controlled Substances Act (21 U.S.C. §812) and all Schedule 1 substances under the CSA are considered to have a high potential for abuse and have no currently accepted medical use.

However, that does not mean that the federal government is looking for you and your love of smoking a joint after a tough day at work. After Attorney General Eric Holder was appointed in 2009, he released a new marijuana policy that instructed federal prosecutors to refrain from targeting medical marijuana users. On August 29, 2013, the Department of Justice released a formal update to its marijuana policy in light of the 2012 ballot initiatives in Colorado and Washington. The 8/29/13 update highlighted eight areas where the federal government will focus its interests in enforcement of its marijuana policy under the CSA. Those eight areas are:

• Preventing the Distribution of Marijuana to Minors
• Preventing Revenue from the Sale of Marijuana from Going to Criminal Enterprises, Gangs, and Cartels
• Preventing the Diversion of Marijuana in States it is Legal under Some Form at the State Level to Other States where it is not Legal
• Preventing State-Authorized Marijuana Activity from Being Used as a Cover or Pretext for the Trafficking of Other Illegal Drugs or Other Illegal Activity
• Preventing Violence and the Use of Firearms in the Cultivation and Distribution of Marijuana
• Preventing Drugged Driving and the Exacerbation of Other Adverse Public Health Consequences Associated with Marijuana Use
• Preventing the Growing of Marijuana on Public Lands and the Attendant Public Safety and Environmental Dangers Posed by Marijuana Production on Public Lands; and
• Preventing Marijuana Use or Possession on Public Property

Absent these interests, the federal government is intent on leaving marijuana regulation and enforcement to the state, county, and municipal levels of government. The update continues, stating “The federal government has not historically devoted resources to prosecuting individuals whose conduct is limited to possessing small amounts of marijuana for personal use on private property.” U.S. Attorney General Eric Holder stated the next day that the United States would not challenge Washington and Colorado’s choice to legalize the recreational use of marijuana, but would intervene if state dispensaries or other distributors ran afoul of the eight highlighted areas of federal enforcement.

Attorney General Holder has also softened his position on enforcement and sentencing for non-violent drug offenders and medical marijuana patients. In a speech to the American Bar Association on August 12, 2013 he spoke out against mandatory minimum sentencing for non-violent drug offenders and urged federal prosecutors to focus on prosecuting violent offenders who commit crimes that violate the most substantial and pressing government interests.

Clearly, the federal government’s focus on prosecution is shifting. And as the U.S. attorney general’s office relaxes its stance on marijuana enforcement, it allows states to adopt marijuana policies that can be socially, economically, and medically beneficial to the unique situations in each state. Hopefully, someday we will be able to say Georgia is one of them.