Feds not changing marijuana policy, even if 3 states legalize it, US official says

[babsbunny]

http://usnews.nbcnews.com/_news/2012/10/21/14587726-feds-not-changing-marijuana-policy-even-if-3-states-legalize-it-us-official-says?lite

By Reuters

LOS ANGELES - A top Justice Department official has said in a television interview that the federal government is ready to combat any "dangers" of state-sanctioned recreational pot, amid criticism of the Obama administration for its relative silence on legalization drives in three states.

Voters in Colorado, Washington state and Oregon are set to vote Nov. 6 on whether to legalize and tax marijuana sales, raising the possibility of a showdown with the federal government, which views pot as an illegal narcotic.

Deputy Attorney General James Cole, in comments to "60 Minutes" posted on Saturday to the website of CBS affiliate KCNC-TV in Denver, said his office's stance on pot would be "the same as it's always been" if voters approved legalization.

[Firebirds01]

1. Sucks, I agree

But if the justice department lays off now then republicans will paint Obama as a pothead Cheech and Chong type. That could turn off some voters. I have hope for his second term.

[Bluenorthwest]

2. I laugh at folks who say 'if we do X then the GOP will do Y' as if the GOP gives a fuck

I mean tell me what cued the Republicans to call Obama a Kenyan socialist or a closeted gay man? Nothing, they just made it up.
In Colorado, which Obama may or may not win, legalization is more popular than either Obama or Romney. Think about that.
Here in Oregon, the news that the Federal government wants to ignore the voice of the people will help us get MORE votes, people here dont care for uninformed outsiders harping on dogma and religion and outdated bunk superstitions trying to meddle in our choices.
But you think that some would invoke a comedy duo from 40 years ago and go vote for Mitt if Obama kept his word or had intelligent policy. I just find that hilarious. Cheech is what? 75 years old? Yeah, those radical youth comics!

[SammyWinstonJack]

6. I am moving to Oregon as soon as my house sells.....yippee!

Leaving Texas for good!



Fully support Oregon/Wash/Colorado in their legalization efforts.

[davidpdx]

9. I don't think the ballot measure in Oregon has a chance, it's going to fail

The measure is poorly worded and has quite a few flaws. I voted no, but if it came back in a different form I'd consider voting yes. I supported the medical marijuana initiative. Several people I know on Facebook who are politically active D's voted no as well. In order to win, the measure would have to gain a huge amount of yes votes on the western side of Oregon to counterbalance all the no votes from the eastern side.

If I had to guess, Colorado would be the most likely state it would pass. The Washington measure has a decent chance as well.

[2pooped2pop]

11. +++++1000++++

I know. People here complain about people being concern trolls if they are concerned the election is being stolen. (a legit concern)

But the ones that really get me are the ones about "what will the republicans think" we say or do this or that.

Fuck the republicans. Fuck the 1%

If Romney wins by theft this election, things are going to get so bad that the people might actually rise up and use force. And you know what? Sadly, I won't blame them. I just hope that everyone remembers who the problem is and who has taken everything.

Eat the rich. Take down the republicans.

[Firebirds01]

14. How about the ones who are concerned with what undecided voters

will think? They vote too genius.

Listen, because you clearly cant understand how things work.


1. Obama goes easy on Pot

2. GOP groups tell people he is going easy on Pot

3. Older voters in swing states like ohio still think pot is a terrible drug.

4. They hear and see this about Obama

5. They dont vote for Obama.


So believing that people will "rise up and use force" is perfectly legitimate. But saying that going easy on pot will cost him votes is an illegitimate argument?

[2pooped2pop]

24. No, you listen Noobs

My post was more about the general "what will the pukes think" meme that surfaces here on DU from time to time. That's something you would have had to be here for awhile to know what I am talking about. You've been here a little over a week.

As for undecided voters genius, (right back at ya) who the fuck is really undecided at this point? This is either the most uninformed group of people ever, or they are soaking on the attention. No one who has any idea, of any inkling of what is going on, could possibly remain undecided.

You decided?

[Firebirds01]

13. Cool dude, Oregon loves it.

Guess where this will turn away voters: Ohio.

Know how I know that. I fucking live in Ohio. Where do you live? Oh, thats right, you live in the Blue North West. So if you want to win the presidency, maybe you should fucking listen to what will or wont work in THE major swing state.



Yeah I dont like the GOP and dont care what they say. But this isnt about Dems and Republicans. Its about INDEPENDENT UNDECIDED VOTERS. People in Ohio who are older and still believe pot is a terrible drug. They did vote for Obama last time (I know this for a fact because......I spend time outside of Portland coffee shops) but may not if he is seen as the weed candidate.

Say whatever you want about how I am an idiot, but unless you want to be saying President Romney for four years, perhaps you should LISTEN to what someone has to say instead of ignoring them because smoking weed is more important to you than winning a presidential election.

[Chan790]

28. Ohioans (and others) who think pot is a "terrible drug" should remove the stick in their ass.

They tend to be the same people that think "trickle-down" is good fiscal policy; children should be seen and not heard; minorities belong in the "lower trades"; women should do all the housework, cooking and cleaning; homosexuality is a mental illness. My thought on such people is "fuck 'em, I don't want their support!" because they force Democrats to accept regressive agenda-items. I don't want to even attempt to appease them, they're not voting for us anyways...they're not undecided, they're Archie Bunker disappointed that the world has passed assholes like them by.

We're not even going to get into "older" as the current older people are my parents' age...and I've never met anybody my parents' age that doesn't eventually admit they used to smoke up like a fiend in the 1960s and 1970s...including my Republican parents with their Richard Nixon shrine in the living room.

[PowerToThePeople]

40. I am from Washington

Been a west coaster all my life. Born in SF Bay, family still there, Portland, OR, and WA.

I voted in support of Prop-74 and 502. (Legalize same-sex marriage and regulate MJ similar to alcohol)

I also voted a straight Democratic ticket.

I have never lived off of the west coast. From the stories I have heard, yes there are a lot of really F'd up places in the USA. I hate that they have sway over how we are able to live our lives here.

I am much further left than Obama has acted. But I know that if he were to try to push through even a portion of what I see as needed changes, he would not be with us anymore. Some radical rethug would have done the unthinkable.

I vote D because it is the only party strong enough to take on the fascists/theologists/racist/Hate party at this time.

I hope that can change and a party that truly represents my views becomes valid.

[krispos42]

3. And if the only pot cops are the DEA...

...then the people of Colorado, Washington, and Oregon don't have much to worry about, I guess.



Well, the problem will be the licensing and taxing part... it provides a clear paper trail for the feds to use to find and raid the sellers.

[mick063]

53. This would be interesting.

The DEA doesn't have the manpower to take on pot without the help of local law enforcement. They coordinate extensively.

So the big question is......

What do the local cops do? Do they still work closely with the DEA? Well of course they will because pot isn't the only drug they coordinate on.

Do local police departments say to the DEA, "We will work with you on this cocaine investigation, but not the pot investigation."?

Which does the governor back? The initiative or federal law when dictating policy for the State Police?

Will some cops turn folks loose and other cops arrest? Does it come down to the opinion of the arresting officer?

How can you enforce conflicting laws? How can you prosecute conflicting laws?

In my opinion, this is a matter that came up too soon politically and legally. We need the President to be reelected so that less "conservative" Supreme Court judges can decide this. This is obviously where this issue headed.

[Bluenorthwest]

4. Deputy Attorney General James Cole: 'The will of the people be damned!'

Deputy 'Dawg' Cole is an unamerican and antidemocratic twit.

[OldDem2012]

19. He doesn't make the laws, but he is required to publicly support them no matter....

....what he may or may not think privately.

If he had stated that he supported any and all attempts to legalize pot, how long do you think he would have kept his job?

[Occulus]

27. There are too many unenforced and very old state and federal laws on the books for that to be true.

[Comrade Grumpy]

44. No, he is not required "to publicly support them."

He could keep his mouth shut.

I wonder how many votes this will cost Obama in Colorado.

[OldDem2012]

54. Your world and reality are two separate things. nt.

[coldwaterintheface]

5. It will take a Pub to Legalize Weed and a Dem to gut SS

anyone paying attention can clearly see that is what is happening.

[leftstreet]

29. +1

[RainDog]

51. Several state Democratic Party platforms include marijuana legalization

So, Democrats at the state level have recognized the voter base wants the law changed - the overwhelming majority of Democrats across the nation, as well as libertarians.

So, once again, the entire nation is held hostage by religious fundamentalists and corporate/bureaucratic interests.

The law is based upon racism and lies. Democrats were able to overcome racist laws in the past. But I guess this is "different."

[tridim]

7. Mr. Cole is in denial. He just doesn't want to lose his cash cow.

If any of these states legalize, the Fed's War On Cannabis is officially over.

State legalization is the atomic bomb.

[bamacrat]

8. Could be saying that as an order from O not to hurt him in the election.

Then after re-election if states begin to legalize I could see PBO looking at relaxing the federal laws. I never understood why all the states rights republican's never picked this issue up as an easy way to earn the youth vote, and maybe some minority and stoner votes. I would be willing to bet that the Dems have the stoner vote like the pukes have the inbred vote.

[davidpdx]

10. I think that is possible, once he starts his second term he doesn't have much to lose

If so, the timing on the measures would be better 2 years from now. I predict Oregon's measure will not pass. Colorado and Washington have a decent chance I think.

[bamacrat]

12. Yeah I would say right now CO has the best chance of passing it....

to the left hand side that is..

[Comrade Grumpy]

43. It is polling better in Washington, but Colorado is looking good, too.

Oregon, not so much.

[Panasonic]

21. Once Colorado legalizes Amendment 64, then PBO will have no other choice

but to respect the 10th Amendment of the U.S. Constitution when it comes to Amendment 64 of the Colorado's ballots if it passes.

The feds will lose big on this one if they try to challenge Amendment 64, and *THEY* know it.

And begins the flood of legalization measures for 2013, 2014 and increases the pressure on the Feds to remove cannabis from Schedule I, agreeing with the long-term studies on cannabis.

[tritsofme]

25. 10th amendment argument is incredibly weak.

States cannot pre-empt federal law, this is textbook stuff.

[Panasonic]

37. Well, the USSC disagrees since Bush v Gore.

So using the 10th Amendment to argue states right to create law that the feds won't like - if it lands on USSC, it'll favor states rights.

The 10th is very clear.

Plus, with the mountain of evidence favoring cannabis - the WOD has to end and it will end here in Colorado.

[tritsofme]

38. I hope it passes.

It is a good first step. But the law would immediately be blocked in federal court.

The experience of Gonzales v. Raich leaves little question on how the court would rule.

[joshcryer]

56. Gonzales v. Raich didn't concern a state constitutional amendment.

We're talking a states constitution here, not legislative stuff.

[tritsofme]

57. State constitutions do not trump federal law.

[joshcryer]

58. The Supremacy Clause applies to a conflict in law.

Right now Colorado makes marijuana illegal but has a medical marijuana exception. It's still illegal in Colorado.

If Colorado makes it legal, then I would be shocked to find that the Supreme Court considers it against the US Constitution.

[musiclawyer]

26. Yes. The WOD begins to end in COL

But it ends officially in the courts. If POTUS tries to litigate this he will face a mountain of evidence that's not funny
They know it. It will make the evidence in support of gay marriage look like a joke by comparison

People , What the Feds say is irrelevant to anyone informed. It really is

[tridim]

34. That's how I think it's going to go down

Colorado would be a nuclear bomb dropped on the WOD.

If it passes I don't think the people outside of Colorado will wait until 2013-2014.

[joshcryer]

55. +1. Yep.

[RainDog]

15. Thanks, Feds, for increasing the pain and suffering of so many

...people like my step-mother who would never consider using an illegal substance even tho she was dying of cancer.

It's good to know what the priorities are regarding science vs. the drug war ca$h cow.

[spanone]

16. the justice dept. is living in the 1950's on this issue.

[bemildred]

17. It won't be up to you to decide, Jim.

Start getting used to the idea, because we are going to ram it down your throat one of these days.

[slackmaster]

18. The Deputy AG's position is legally correct. Only Congress can change the law.

If only people would stop putting the same members back in office every election.

[Panasonic]

22. Legally correct, Morally incorrect.

And the matter of the drug laws would be irrelevant if cannabis is removed from Schedule I listing.

Alcohol and tobacco have no drug scheduling even though studies have conclusively prove that they can kill.

Cannabis can't.

[slackmaster]

23. I agree. So why can't we elect a Congress that will do the morally right thing?

[Panasonic]

20. Fine, Colorado's locked and loaded

and ready to sue if the Feds interfere.

[randome]

32. On what basis would Colorado sue? Federal law still trumps state law.

[abelenkpe]

30. So when a state makes marijuana legal

The Feds will still enforce the law?

Do they do that when a state makes abortion unavailable to women?

[tritsofme]

35. The law would never take effect. It would immediately be blocked in federal court

I think it is a first step worth taking, but the thing will get shot down faster than you can blink.

[Comrade Grumpy]

41. States are not required to make marijuana illegal.

If the federal courts shoot down state taxation and regulation of marijuana by the state, what will be left is this:



(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.
(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.
(c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.
(d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS.
(e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS SUBSECTION.

That will stand. States are NOT required to mimic federal law.

[Comrade Grumpy]

42. Okay, feds, bring it on, but be careful what you wish for.

They can invalidate state regulation and taxation, but they can't make Colorado ban marijuana.

A successful federal challenge would leave marijuana legal, but untaxed and unregulated in Colorado.

[tritsofme]

46. See Gonzales v. Raich. nt

[Comrade Grumpy]

47. Gonzalez v. Raich doesn't require Colorado to make marijuana illegal.

It asserts federal supremacy.

As I said above, the federal courts can stop Colorado from taxing and regulating marijuana, but they can't stop it from choosing to make marijuana possession legal.

Marijuana would remain illegal in Colorado under federal law. If the feds wanted to spend their drug war resources arresting pot-smokers in Colorado, that would be up to them.

[tritsofme]

49. The federal government could react by withholding funds

highways or anywhere else to get the state to be compliant.

The federal government prefers a drinking age of 21, and threatens to withhold a percentage of highway dollars to states that do not comply. In 2012, all 50 states comply.

It would be a decision not without consequence.

[porphyrian]

31. We'll see. n/t

[occupymybrain]

33. I live in Colorado ...

and I voted for legalization because we have to start somewhere the federal law needs to change and if more states pass this kind of thing we could see change. If we worry what the president thinks on everything then I think that defeats our own choice. I don't think it would make a difference if Obama came out in favor of it but that is his choice and he is smart enough to make his choice on pot. I think Obama's idea is to let the states vote see what happens then who knows.
Never once did I think the DEA would let the states decide this matter it's a huge money maker for them. It also perpetuates the class and race wars being fought on the streets. Here in Colorado our teen use rate went down. The crime around the shops has not gone up at all and in some cases went down. Buildings that sat empty for years off of Federal Blvd are full of cars and workers now all because of Marijuana. Dispensaries operate under full regulation and taxation. We have the working model already why not use it? The medical Marijuana communities here in Colorado are doing everything to make it work. They are doing a great job.

[B Calm]

36. Why is the government so down on this?

Could it be our politicians are making a lot of money from the alcohol companies who want to keep it illegal?

[pokerfan]

52. special interests

The top 5 special interest groups lobbying to keep marijuana illegal:
1. Police Unions
2. Private Prisons Corporations
3. Alcohol and Beer Companies
4. Pharmaceutical Corporations
5. Prison Guard Unions

Prohibition does not work, has not worked, cannot work, and anyone who says it can is either deeply delusional or is making money on the drug war.
- Peter McWilliams

[TeamPooka]

39. Prohibition is a failed public polcy...again nt

[bhikkhu]

45. But how has it "always been"?

The major policy I recall is that they were only enforcing federal law where state laws were being broken - which is, of course, ridiculously complicated and confusing.

If they will do as they have done lately, then they will be ending enforcement in states that vote for full legalization. Not that I expect that, but the statement really says nothing.

I have an aversion to the whole thing myself, but I just sent in my vote "Yes" for legalization in Oregon. The small hope I have is that, following the election, Obama would be able to change the stupid federal policy in his second term in response to the clear wishes of the majority.

[L0oniX]

48. Good luck getting funding for a massive federal police force.

You think the FBI or CIA is going to go after pot smokers? It's laughable. Judges are already pissed about all the pot users they have to deal with. They don't want that shit in their courts. They have violent criminals to deal with that deserve the prison space.

[backscatter712]

50. Any member of the DEA with the slightest amount of conscience needs to resign.

Seriously. Get a real job!