No federal challenge to pot legalization in two states
By Evan Perez, CNN Justice Reporter
August 30, 2013 -- Updated 1036 GMT (1836 HKT)
There appears to be a shift in the United States in favor of relaxing marijuana laws, a topic that has dipped in and out of the national conversation for decades. Public perceptions about pot have come a long way, from the dire warnings of "Reefer Madness" to growing acceptance of medical marijuana.
Members of a crowd numbering tens of thousands smoke and listen to live music at the Denver 420 Rally on April 20, 2013. Annual festivals celebrating marijuana are held around the world on April 20, a counterculture holiday.
A man smokes a joint during the official opening night of Club 64, a marijuana social club in Denver, on New Year's Eve 2012. Voters in Colorado and Washington state passed referendums to legalize recreational marijuana on November 6, 2012.
People light up near the Space Needle in Seattle after the law legalizing the recreational use of marijuana went into effect in Washington on December 6, 2012.
Nutrient products are placed on shelves in the weGrow marijuana cultivation supply store during its grand opening on March 30, 2012, in Washington, D.C. The store is a one-stop-shop for supplies and training to grow plants indoors, except for the actual marijuana plants or seeds. Legislation was enacted in 2010 authorizing the establishment of regulated medical marijuana dispensaries in the nation's capital.
Marijuana activist Steve DeAngelo wears a "Yes on Prop 19" button as he speaks during a news conference in Oakland, California, on October 12, 2010, to bring attention to the state measure to legalize marijuana for recreational purposes in California. Voters rejected the proposal.
Sonja Gibbins walks through her growing warehouse in Fort Collins, Colorado, on April 19, 2010. Since the state approved medical marijuana in 2000, Colorado has seen a boom in marijuana dispensaries, trade shows and related businesses. So far 20 states and the District of Columbia have made smoking marijuana for medical purposes legal.
A patient prepares to smoke at home in Portland, Maine, on October 22, 2009, a decade after the state approved a medical marijuana referendum.
Coffeeshop Blue Sky worker Jon Sarro, left, shows a customer different strains of medical marijuana on July 22, 2009, in Oakland, California. Voters in the city approved a measure during a vote-by-mail special election for a new tax on sales of medicinal marijuana at cannabis dispensaries.
Medicinal marijuana patient Angel Raich wipes her eyes during a press conference on March 14, 2007, in Oakland, California. The 9th circuit U.S. Court of Appeals in San Francisco ruled that 41-year-old Raich, who used medicinal marijuana to curb pain from a brain tumor as well as other ailments, did not have the legal right to claim medical necessity to avoid the possibility of prosecution under federal drug laws.
Different varieties of medical marijuana are seen at the Alternative Herbal Health Services cannabis dispensary in San Francisco on April 24, 2006. The Food and Drug Administration issued a controversial statement a week earlier rejecting the use of medical marijuana, declaring that there is no scientific evidence supporting use of the drug for medical treatment.
People in New York gather for a pro-cannabis rally on May 4, 2002. That same day, almost 200 similar events took place around the world to advocate for marijuana legalization. It was dubbed the "Million Marijuana March."
Dennis Peron takes notes during a phone interview while Gary Johnson lights up at the Proposition 215 headquarters in San Francisco on October 11, 1996. The ballot measure was approved when voters went to the polls in November, allowing medical marijuana in California.
A television ad aired in 1996 by Republican presidential candidate Bob Dole's campaign included footage from a 1992 MTV interview of a laughing President Clinton saying he would inhale marijuana if given the chance to relive his college days.
President George H. Bush holds up a copy of the National Drug Control Strategy during a meeting in the Oval Office on September 5, 1989. In a televised address to the nation, Bush asked Americans to join the war on drugs.
Robert Randall smokes marijuana that was prescribed to treat his glaucoma in 1988. He became the first legal medical marijuana patient in modern America after winning a landmark case in 1976.
First lady Nancy Reagan participates in a drug education class at Island Park Elementary School on Mercer Island, Washington, on February 14, 1984. She later recalled, "A little girl raised her hand and said, 'Mrs. Reagan, what do you do if somebody offers you drugs?' And I said, 'Well, you just say no.' And there it was born." She became known for her involvement in the "Just Say No" campaign.
President Jimmy Carter, with his special assistant for health issues, Dr. Peter Bourne, beside him, talks to reporters at the White House about his drug abuse control message to Congress on August 2, 1977. Among other things, he called for the elimination of all federal criminal penalties for the possession of up to one ounce of marijuana.
Panel members of the National Commission on Marijuana and Drug Abuse attend a hearing In Denver on January 10, 1972. From left, Dr. J. Thomas Ungerleider, psychiatrist; Michael R. Sonnenreich, commission executive director; Raymond P. Shafer, commission chairman; Mitchell Ware, Chicago attorney; Charles O. Galvin, Dallas law school dean. The commission's findings favored ending marijuana prohibition and adopting other methods to discourage use, but the Nixon administration refused to implement its recommendations.
Protesters wade in the Reflecting Pool at the National Mall in Washington during the "Honor America Day Smoke-In" thrown by marijuana activists in response to the official "Honor America Day" rally organized by President Nixon supporters at the Lincoln Memorial on July 4, 1970.
Marijuana reform was the Life magazine cover story in October 1969. The banner read: "At least 12 million Americans have now tried it. Are penalties too severe? Should it be legalized?"
Police dogs trained to smell out hidden marijuana examine U.S. soldiers' luggage at the airport during the Vietnam War in 1969. Drug use was widespread during the war.
People share a joint during a 1969 concert in Portland, Oregon. In 1973, Oregon became the first state to decriminalize cannabis.
Marijuana use became more widespread in the 1960s, reflecting the rising counterculture movement.
Research scientist Dr. Reese T. Jones, right, adjusts the electrodes monitoring a volunteer's brain response to sound during an experiment in 1969 that used a controlled dosage of marijuana. The tests were conducted at the Langley Porter Institute at the University of California, San Francisco.
U.S. Customs agents track the nationwide marijuana market during Operation Intercept, an anti-drug measure announced by President Nixon in 1969. The initiative intended to keep Mexican marijuana from entering the United States.
Members of the Grateful Dead talk with reporters from their home in San Francisco on October 5, 1967. The band was protesting being arrested for marijuana possession.
A woman buys ready-rolled marijuana cigarettes from a dealer at her door circa 1955.
Even after Congress cracked down on marijuana in 1937, farmers were encouraged to grow the crop for rope, sails and parachutes during World War II. The "Hemp for Victory" film was released in 1942 by the U.S. Department of Agriculture.
Marijuana cigarettes are hidden in a book circa 1940. Congress passed the Marijuana Tax Act in 1937, effectively criminalizing the drug.
A poster advertises the 1936 scare film "Reefer Madness," which described marijuana as a "violent narcotic" that first renders "sudden, violent, uncontrollable laughter" on its users before "dangerous hallucinations" and then "acts of shocking violence ... ending often in incurable insanity."
Harry Anslinger was named commissioner of the Federal Bureau of Narcotics when it was established in 1930. While arguing for marijuana prohibition, he played on Americans' fear of crime and foreigners. He spun tales of people driven to insanity or murder after ingesting the drug and spoke of the 2 to 3 tons of grass being produced in Mexico. "This, the Mexicans make into cigarettes, which they sell at two for 25 cents, mostly to white high school students," Anslinger told Congress.
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
History of marijuana in America
STORY HIGHLIGHTS
- NEW: Washington state officials cheer the "good news"
- Holder won't try to block pot legalization laws in Washington, Colorado
- The two states passed measures legalizing personal marijuana use last year
- Federal laws still make possession, production and sale of marijuana illegal
Washington (CNN) -- The Justice Department said it won't challenge state laws that legalize marijuana and will focus federal enforcement on serious trafficking cases and keeping the drug away from children.
Attorney General Eric Holder, in a conference call Thursday morning, notified the governors of Colorado and Washington that the department, for now, will not seek to pre-empt those states' laws, which followed voters' approval of ballot measures that legalized recreational marijuana use.
Marijuana will remain illegal under the federal Controlled Substances Act. But a department memo to federal prosecutors tightened federal marijuana prosecution standards.
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Under the new guidelines, federal prosecutors are required to focus on eight enforcement priorities, including preventing marijuana distribution to minors, preventing drugged driving, stopping drug trafficking by gangs and cartels and forbidding the cultivation of marijuana on public lands.
The guidelines, issued by Deputy Attorney General James Cole, have been months in the making and took on some urgency after citizens in Colorado and Washington approved the ballot measures last fall. Nineteen states and the District of Columbia allow some legal use of marijuana, primarily for medicinal purposes.
The attorney general told the Washington and Colorado governors that the Justice Department will work with the states to craft regulations that fall in line with the federal priorities, and reserves the right to try to block the laws if federal authorities find repeated violations.
Are American opinions on marijuana changing?
The memo to prosecutors also seeks to address one common complaint from medicinal marijuana dispensaries in some states, which have been subject to raids by federal agents because they were deemed too big or profitable.
The size and profitability of marijuana businesses will still be a factor prosecutors can consider, but there also must be additional illegal activities for prosecutors to take action.
The new guidelines don't change federal money laundering rules, meaning that some large banks may still be leery of doing business with marijuana producers and sellers. However, Justice Department officials said there is some leeway for banks to provide services to such businesses, so long as they don't violate the eight priorities being assigned to federal prosecutors.
"We received good news this morning when Attorney General Eric Holder told the governor the federal government would not pre-empt Washington and Colorado as the states implement a highly regulated legalized market for marijuana," Washington Gov. Jay Inslee and Attorney General Bob Ferguson said in a statement.
"We want to thank the attorney general for working with the states on this and for finding a way that allows our initiative to move forward while maintaining a commitment to fighting illegal drugs. This reflects a balanced approach by the federal government that respects the states' interests in implementing these laws and recognizes the federal government's role in fighting illegal drugs and criminal activity," they said.
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