The U. S. Department of Justice Issues Further Guidelines for Federal Prosecutors, but is it Really a Change?
On Monday October,19th, the Department of Justice issued further guidelines for Federal prosecutors regarding laws authorizing the use of marijuana for medical purposes. The Director of the Office of National Drug Policy, Gil Kerlikowske, commented that:
"It is important to recognize that these guidelines provide clarity for federal prosecutors regarding the appropriate use of federal resources. They do not declare marijuana, whether 'medical' or not, as legal under federal law; nor do they preclude the appropriate prosecution, under federal law, of marijuana dispensaries in those states that allow them." View more of the Director's comment. Also, view the Drug Enforcement Administration's (DEA) statement.
These guidelines do not deviate from present policies, in which Federal prosecutors can still prosecute for violations of both State and Federal laws.
Proponents of so-called medical marijuana would have you believe that prosecutors have been prosecuting average patients of medical marijuana in those states where it is legal. This has never been the case. DEA officials and federal prosecutors have only focused on marijuana offenders that violate both State and Federal law.
