People who use marijuana for medical purposes and those who distribute it should not face federal prosecution, provided they act according to state law, the Justice Department said on Monday in a directive with political and legal implications.
In a memorandum to federal prosecutors in the 14 states that allow the use of marijuana for medical purposes, the department said it was committed to the “efficient and rational use” of its resources and that going after individuals who were in “clear and unambiguous compliance” with state laws did not meet that standard.
The Justice Department policy statement, foreshadowed since shortly after President Obama took office, was laid out on Monday in an announcement by Attorney General Eric H. Holder Jr., who made public a memo from David W. Ogden, the deputy attorney general, to the United States attorneys in the affected states, most notably California.
Advocates of medical marijuana say the substance can reduce chronic pain, nausea and other ailments associated with cancer and other serious illnesses. In 1996, California became the first state to make it legal to sell marijuana to people with doctors’ prescriptions. The other states that allow some use of marijuana for medical purposes are Alaska, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.
“This is a major step forward,” said Bruce Mirken, communications director for the Marijuana Policy Project, which supports legalizing the substance. “This change in policy moves the federal government dramatically toward respecting scientific and practical reality.”
The Justice Department indicated that the memo should not be interpreted as legalizing marijuana. “Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion,” the department said.
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