DENVER – Marijuana sellers in Colorado will not face federal prosecution as long as they are following strict state laws, the U.S. Department of Justice announced Thursday.
State leaders and marijuana sellers have been waiting for the announcement since last November, when voters in Colorado and Washington made their states the first two to legalize the recreational use of marijuana.
The Legislature had to set up a system to regulate marijuana sales this spring, without any hint from the federal government about whether it would sue the state for breaking federal drug laws.
In the end, the Department of Justice took a similar position to recreational marijuana as it did to medical marijuana in 2009. It won’t prosecute sellers as long as they are following state rules, and the rules are strong enough to keep pot away from minors and drug gangs.
It’s about time, said Colorado Attorney General John Suthers.
“The position taken by (the Department of Justice) is very much along the lines I anticipated, and I remain mystified as to why it took so long to articulate it. Clarification of the federal position, however, is nevertheless welcome,” Suthers said in a news release.
Marijuana business owners are relieved.
“It’s very exciting that Colorado’s going to be given the opportunity to show the rest of the country that this program can work,” said Mike Elliott, head of the Denver-based Medical Marijuana Industry Group.
Many people who own medical marijuana stores want to branch out into recreational pot sales, Elliott said.
The new policy came in the form of a memo from Deputy Attorney General James Cole to federal prosecutors in all 50 states.
According to the memo, federal prosecutors should focus their efforts on preventing:
Access to pot by minors.
Drug dealing by gangs and cartels.
Sales to states where it is illegal.
Using state licenses as a cover for other illegal drug trafficking.
Violence or the use of guns at cultivation or distribution operations.
Drugged driving.
Growing pot on public lands.
Marijuana possession on federal property.
Gov. John Hickenlooper said he shares the Justice Department’s goals.
“We recognize how difficult this issue has been for the Department of Justice, and we appreciate the thoughtful approach it has taken. Amendment 64 put Colorado in conflict with federal law. (Thursday’s) announcement shows the federal government is respecting the will of Colorado voters,” Hickenlooper said in a news release.
In a statement accompanying the memo, the Department of Justice said it will closely watch Colorado and Washington to make sure its rules are strict.
“These schemes must be tough in practice, not just on paper, and include strong, state-based enforcement efforts, backed by adequate funding,” said a statement from the Justice Department.
The department will not sue Colorado and Washington – at least not yet – based on assurances that both states are enacting strict laws. But if the regulations fail, the Justice Department warned it would step in and prosecute individuals and maybe even sue the states themselves to overturn their laws.
The memo’s release came just two days after U.S. Sen. Patrick Leahy, D-Vt., summoned Attorney General Eric Holder to a Senate Judiciary Committee hearing Sept. 10 to discuss how he will handle marijuana prosecutions in states with liberal laws.
Voters in November will decide whether Colorado should levy a 15 percent excise tax and 10 percent sales tax on marijuana to fund the regulatory scheme.
Under Colorado’s rules, the first retail marijuana shops could open Jan. 1. However, many local governments have either adopted or are considering moratoriums against retail marijuana stores, at least for the next several months.
La Plata County on Tuesday enacted a ban that will be in effect until the end of 2014. The city of Durango is scheduled next week to formally adopt a moratorium on retail operations that will extend until June 30, 2014.
jhanel@durangoherald.com
