This past year, the Justice Department gave warning to Congress that a medical marijuana provision in an appropriations bill could “limit or possibly eliminate the Department’s ability to enforce federal law in recreational marijuana cases as well.” The “informal talking points,” in reference to a Justice Department statement obtained by Tom Angel a legalization advocate and author for marijuana.com were “intended to discourage passage” of the provision which was definitely given a green light and signed into law.

It seems to be that the direction was incorrect, In the statement written by the chief of the Departments appellate section and dated Feb. 27 of this current year, the Justice Department states the provision does not place “any limitations on our ability to investigate and prosecute crimes involving recreational marijuana.”

Prior to the passing of the appropriations bill, the Department gave Congress the informal talking points highlighting the amendment introduced by Rep. Rohrabacher. The talking points were consistent with the approach taken in this memorandum, with the exception that they gave warning that in states that allowed recreational cannabis Rep. Rohrbacher’s amendment could, “in effect, limit or possibly eliminate the Departments ability to enforce federal law in recreational marijuana cases as well.” This suggestion, which displayed intentions to discourage passage of the rider, doesn’t reflect our current thinking. We do not read Section 538 as placing any cap on our ability to investigate and prosecute offenses involving recreational cannabis.

The statement key points made their way to floor discussion over the measure of 2014 and were followed by the a number of House members who were in opposition of the provision. Andy Harris, one of Congress most vocal opponents of alterations to marijuana policy, stated that “the amendment as written would tie the DEA’s hands beyond medical marijuana.” Rep. John Fleming stated that the provision would “take away the ability of the Department of Justice to protect our young people… it would just make it difficult, if not impossible, for the DEA and the Department of Justice to enforce the law.”

Yet prior to supporters of laxer cannabis policy rejoice, this should not be read as a sign, maybe, that the department is easing its opposition to marijuana reform. Just the opposite, in fact.


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