By Evan Wyloge | Arizona Capitol Times
When it comes to possession or use of marijuana, the United States Department of Justice will not focus on enforcement of federal marijuana laws where state laws allow it, a memo released today explains.
The Justice Department memo also says that where state laws permit marijuana use, such as in Arizona, federal drug laws will be an agency priority only under certain circumstances. Those are when marijuana is diverted to states where it remains illegal under state law, or when the state systems are being used as a “cover or pretext for the trafficking of other illegal drugs or illegal activity.”
Aggravating factors, such as sale to minors, gang activity, violence or firearm use and drugged driving, will remain within the federal government’s scope of enforcement priorities.
The Justice Department’s memo emphasizes that it is only guidance for investigation and prosecution and that it in no way alters federal law. But that didn’t stop marijuana law reform advocates from declaring it a victory and identifying its broad implications.
Ryan Hurley, an attorney with Rose Law Group who focuses on medical marijuana issues, said the memo speaks directly to a challenge led by Maricopa County Attorney Bill Montgomery aimed at having the state law ruled unconstitutional because of the conflict between state and federal drug laws.
If you’d like to discuss medical marijuana, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Dept. rhurley@roselawgroup.com
