Page A3 October 21. 2009 Feds Won’t Target Medical Marijuana: When patients comply with state law (AP) -- Pot-smoking patients or their sanctioned suppliers should no, be targeted for fed­ eral prosecution in states that allow medical marijuana, includ­ ing Oregon and Washington, prosecutors were told Monday in a new policy memo issued by the Justice Department. Under the policy spelled out in a three-page legal memo, fed­ eral prosecutors are being told it is not a good use of their time to arrest people who use or pro­ vide medical marijuana in strict compliance with state law. The guidelines issued by the department do, however, make it clear that federal agents will go after people whose m ari­ juana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes. The memo advises prosecu­ tors they "should not focus fed­ eral resources in your states on individuals whose actions are Dr. Michael Aldrich smokes medicinal marijuana during last month's annual convention of the National Organiza­ tion for the Reform o f Marijuana Laws (NORML) in San Francisco. in clear and unambiguous com­ pliance with existing state laws providing for the medical use of marijuana." The new policy is a signifi­ cant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes. "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are com­ plying with state laws on medi­ cal marijuana, but we will not tolerate drug traffickers who hide behind claims of compli­ ance with state law to mask ac­ tivities that are clearly illegal," Attorney General Eric Holder said in a statement. By the government's count, 14 states allow some use of marijuana for medical purposes: Alaska, California, Colorado, H aw aii, M aine, M aryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washing­ ton. Some medical marijuana a d v o c a te s say M aryland shouldn't be included in that group, because the law there only allows for reduced penal­ ties for medical marijuana us­ age. California stands out among those for the widespread pres­ ence of dispensaries — busi­ nesses that sell marijuana and even advertise their services. Colorado also has several dis­ pensaries, and Rhode Island and New Mexico are in the pro­ cess of licensing providers, ac­ cording to the Marijuana Policy Project, a group that promotes the decriminalization of mari­ juana use. Advocates say marijuana is effective in treating chronic pain and nausea, among other ailments. Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice. The memo spelling ou, the policy was sent Monday to fed­ eral p ro se c u to rs in the 14 states, and also to top officials at the FBI and Drug Enforce­ ment Administration. The memo written by Deputy Attorney General David Ogden em phasizes that prosecutors have wide discretion in choos­ ing which cases to pursue, and says it is not a good use of fed­ eral m anpow er to prosecute those who are without a doubt in compliance with state law. "This is a major step for­ ward," said Bruce Mirken, com­ munications director for the Marijuana Policy Project. "This change in policy moves the federal government dram ati­ cally toward respecting scien­ tific and practical reality." The change has critics, in­ cluding lawmakers who see it as a tactical retreat in the fight against Mexican drug cartels. "We cannot hope to eradi­ cate the drug trade if we do not first address the cash cow for most drug trafficking organiza­ tions — marijuana," said Rep. Lamar Smith of Texas, the top Republican on the House Judi­ ciary Committee. Administration officials said the government will still pros­ ecute those who use medical marijuana as a cover for other illegal activity. In particular, the memo urges prosecutors to pursue m ari­ juana cases which involve vio­ lence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. And while the policy memo describes a change in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the fed­ eral government could still pros­ ecute someone whose activities are allowed under state law. The memo, officials said, is designed to give a sense of prosecutorial priorities to U.S. attorneys in the states that al­ low medical marijuana. 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