Medical marijuana use to incur less federal prosecution

In a reversal of Bush administration policy, new Justice Dept. guidelines recognize state laws allowing access to the drug by seriously ill patients.

By Amy Lynn Sorrel, amednews staff. Posted Oct. 28, 2009.

Fresh guidance from the Obama administration will mean fewer crackdowns on sanctioned marijuana dispensaries and on patients using medical marijuana in compliance with state laws, marking a major departure from prior federal drug policy.

In an Oct. 19 memo, the U.S. Dept. of Justice told federal prosecutors in states with laws decriminalizing the medical use of marijuana to focus their investigations on more serious drug trafficking crimes (www.justice.gov/opa/documents/medical-marijuana.pdf).

Cannabis use, even for medical purposes, remains illegal under federal law, but 13 states have made limited exceptions for patients with certain serious illnesses who have a recommendation from a physician. Those states are Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Maryland allows a medical use defense in court.

"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," U.S. Attorney General Eric Holder said in a statement, "but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal."

The memo makes clear the guidance does not in any way legalize the drug or create a new defense for those using it. Nor does the policy preclude any prosecution for marijuana-related activities, even if they are in compliance with state laws. Instead, it gives federal prosecutors wider discretion to consider local statutes when conducting investigations.

Medical marijuana advocates praised the policy as an important step forward.

"What they are doing is showing respect for the rights of states to make decisions about the health and welfare of their citizens," said Bruce Mirken, a spokesman for the Marijuana Policy Project. "Health is generally regulated on a state level, and there's a growing collection of medical literature documenting that [marijuana] is, for some people, effective and safe."

Critics said the directive weakens federal enforcement of drug laws.

"By directing federal law enforcement officers to ignore federal drug laws, the administration is tacitly condoning the use of marijuana," said Rep. Lamar Smith (R, Texas), the ranking GOP member of the House Judiciary Committee.

Smith also said the policy flies in the face of U.S. Supreme Court precedent permitting federal prosecution of marijuana use and distribution despite conflicting state laws -- a stance also held by the Bush administration.

American Medical Association policy calls for further clinical research into the safety and efficacy of medical marijuana for seriously ill patients.

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