Federal Government Will Allow Marijuana Legalization in Washington State, Says US Attorney

Written by Kendall Watson

The U.S. Department of Justice announced on Thursday that it would not fight the legality of marijuana legalization initiatives in Washington and Colorado, ending months of uncertainty for a new state regulatory scheme for the recreational drug, retailers and consumers. 

A US DOJ statement said an Aug. 29, 2013 update to federal marijuana enforcement rules would allow the states to move ahead with legalization of the recreational drug. The change was made in response to recent state ballot initiatives approved by voters in November, 2012, according to the statement, which legalized the possession of small amounts of marijuana by adults and provide for the state regulation of marijuana production, processing and sale. 

Washington Governor Jay Inslee thanked US Attorney General Eric Holder for placing faith in the ability of the state to regulate marijuana.

"We want to thank the Attorney General for working with the states on this and for finding a way that allows our initiative to move forward while maintaining a commitment to fighting illegal drugs," he said. "This reflects a balanced approach by the federal government that respects the states’ interests in implementing these laws and recognizes the federal government’s role in fighting illegal drugs and criminal activity."

King County Executive Dow Constantine praised the decision not to block implementation of Initiative 502, which passed statewide by a wide margin.

"“I am proud of Washington State for leading the way on national policy," Constantine said. "We will regulate the production and sale of adult use marijuana in a way that reduces harm, protects youth, and profits legitimate, law-abiding, tax-paying businesses rather than criminals. Prohibition has clearly failed and, thanks to this decision by the federal government, we can now develop policies that respect the will of the people and work better for our communities.”

Voters statewide approved I-502 last November, with 55.7 percent voting to approve, and 44.3 percent opposed. 

DOJ officials also issued a memorandum to all U.S. Attorneys that makes clear that the Department will continue to enforce the Controlled Substances Act and details the federal interests that guide federal enforcement relating to marijuana.  Based on assurances that Washington and Colorado will impose an appropriately strict regulatory system, the Department said it informed the governors of both states that it is deferring its right to challenge their legalization laws at this time. 
 
"We have consistently focused on federal enforcement priorities in Western Washington, and have worked with our state and local partners to ensure the safety of our communities," said Jenny A. Durkan, U.S. Attorney for the Western District of Washington. "We will continue an aggressive focus on the promotion and sale of drugs to minors, violence and the use of firearms, and the trafficking of marijuana across state or international lines. We will continue our work against organized criminal organizations and their underground economy, and against those who would use drug proceeds to fund other criminal activity." 

Durkan also said her office would continue to enforce the federal Controlled Substances Act.  
 
According to the DOJ statement, the federal government expects states will implement strong and effective regulatory and enforcement systems, and unregulated, for-profit entities outside of the state's regulatory and licensing scheme is not tenable and violates both state and federal law. 

Federal officials also reminded the public  that it remains against federal law to bring any amount of marijuana onto federal property, including all federal buildings, federal lands including national parks and forests, military installations, and courthouses.  Individuals that do so will be subject to federal penalties, according to the DOJ statement.