Pubdate: Fri, 30 Aug 2013
Source: Commercial Appeal (Memphis, TN)
Copyright: 2013 The Commercial Appeal
Contact: http://web.commercialappeal.com/newgo/forms/letters.htm
Website: http://www.commercialappeal.com/
Details: http://www.mapinc.org/media/95
Author: Bartholomew Sullivan

COHEN JOINS CHORUS ON RELAXING POT LAW

Justice Dept. Plans to Back Off Enforcing

WASHINGTON - The U. S. Justice Department's decision Thursday to 
relax enforcement of federal marijuana laws nationwide, and not just 
in the states that have legalized its possession, was greeted as a 
"step in the right direction" by drug law reform advocates.

"Without whistling by the graveyard, as they say, there's no doubt 
we're seeing a degree of federal capitulation on this," said Allen 
St. Pierre, executive director of the National Organization for the 
Reform of Marijuana Laws. "They have clearly detected a change in 
public opinion."

St. Pierre noted that 20 states have made medical use of marijuana 
legal, 16 states have decriminalized possession and Washington state 
and Colorado have legalized it. He predicted the issue will play a 
role in the 2016 presidential election with the likelihood that 
California and other states will have legalization referendums on 
their ballots.

"It seems to be moving in a direction of reform and, unlike 20 years 
ago, the federal government is not playing an adversarial role," he said.

In a four-page memorandum to all 93 U.S. attorneys, Deputy Atty. Gen. 
James M. Cole provided updated guidance for prosecuting criminal and 
civil marijuana cases in the context of the eight "enforcement 
priorities" that would justify doing so. Those include preventing 
distribution of marijuana to minors, preventing the revenue of sales 
from going to criminal enterprises, preventing violence and the use 
of firearms in the cultivation and distribution of marijuana, 
preventing the exacerbation of the public health consequences of 
marijuana use and preventing cultivation on public lands, among others.

The memo says that the Justice Department will continue to enforce 
federal marijuana laws consistent with those priorities and expects 
states that have legalized possession and sales to tightly regulate 
their markets or expect federal intervention.

"It's a step in the right direction," said Lee D. Hoffer, a professor 
of anthropology at Case Western Reserve University and an authority 
on illegal drug markets.

"I don't know what implementation will look like, but it looks like 
there's some movement going on at the federal level on marijuana laws 
and in conjunction with this notion that we need to repeal some of 
the mandatory minimum sentences ... I think there's sort of breaks in 
the ice here. It looks like the policy will be in small steps instead 
of one big overturn, which I think is a good thing."

In a follow-up e-mail message, Hoffer wrote: "One thing I would add 
. is that this policy statement will definitely encourage states 
looking to legalize (marijuana). I would imagine more states will be 
following the lead of (Colorado) and (Washington) in the future, 
especially after taxes associated with legalization ... are in place."

U.S. Rep. Steve Cohen, D-Tenn., an advocate of legalizing marijuana 
and the author of a pending bill to create a commission to study 
federal cannabis laws, also applauded the Justice Department 
decision. Cohen's commission plan is reminiscent of the Shafter 
Commission of 1971, created by President Richard Nixon. That 
commission recommended discouraging the use of marijuana by means 
other than the criminal laws.

"They're moving in the right direction," said Cohen, a member of the 
Judiciary Committee and a vocal advocate of reforms. He wrote 
President Barack Obama earlier this year suggesting several ideas and 
noting that a majority of Americans now support legalization of marijuana.

"Your administration has continued to prosecute individuals and 
businesses for violating federal marijuana laws despite their being 
in full compliance with their state laws regulating the medical use 
of marijuana," Cohen wrote on June 18. "You should use your 
commutation authority to correct these injustices."

Reached at the Fresh Market on Park Avenue out East Thursday 
afternoon, Cohen said the Justice Department move will also "save a 
lot of money."

"I just hope they go further," he said.

R. Gil Kerlikowske, director of the Office of National Drug Control 
Policy - sometimes called the drug czar - has said he opposes 
legalizing marijuana use for both public health and safety reasons. 
He has said the federal government can make enforcing marijuana laws 
a low priority, but he said he opposes both legalization and the "War 
on Drugs" approach.
- ---
MAP posted-by: Jay Bergstrom