Obama’s New Pot Rules Are a Bigger Deal Than You Think

(Kevin Zeese: “This is the best commentary I’ve seen so far on the marijuana decision by DOJ.”)

THE STRANGER: But this is about more than Washington and Colorado: The White House is formally deferring to the states on drug policy, much like the Feds now recognize marriage equality. In doing so, Obama is acknowledging that the US drug war is not mandatory, while he also sets a bold precedent of standing back when states present superior alternatives, such as more states legalizing pot, states decriminalizing hard drugs, cities opening safe-injection sites, and other countries breaking away from the formerly Drug Free America.

On the phone with governors from Colorado and Washington, AG Holder explained the US Justice Department would not sue Washington and Colorado for preempting the federal Controlled Substances Act, provided that the states do two things: (1) strictly enforce their own laws that regulate the pot market and (2) abide by eight federal conditions. The weightiest of those conditions are: preventing pot from leaking outside state borders, not allowing unregulated cannabis commerce, and banning access for minors. But what wasn’t in those conditions stands out radically. Holder didn’t tell states to prevent massive regulated pot farms, to ban wholesale marijuana distribution, or to prohibit storefronts selling marijuana just like bottles of wine. Those are also major violations of federal law—technically—but the Feds are, stunningly, groovy with them if the farms, distribution, and sales are done in compliance with state laws…

This was a deliberate—and deeply radical—decision about who is in charge of most drug enforcement. “The thrust is that they will allow the state of Washington to be the principal law-enforcement agent in this regard,” Inslee said. That is, for the first time, the president and head of the US Department of Justice have chosen to hand over the reins on major, controversial drug-control policy to the states. (The Feds have also stayed largely out of medical marijuana, but that is a much smaller market and a less controversial issue… (more)

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