Even if Prop. 19 passes, federal drug laws will be 'vigorously' enforced, official says

The nation's top federal law enforcement official said the Obama administration would "vigorously enforce" drug laws against people who grow, distribute or sell marijuana for recreational use even if California voters pass a measure to legalize it.

U.S. Atty. Gen. Eric H. Holder Jr., in a letter sent Wednesday to nine former chiefs of the U.S. Drug Enforcement Administration, wrote, "Let me state clearly that the Department of Justice strongly opposes Proposition 19. If passed, this legislation will greatly complicate federal drug enforcement efforts to the detriment of our citizens."

The initiative on the Nov. 2 ballot would allow Californians 21 and older to grow up to 25 square feet and possess up to an ounce of marijuana. It also allows cities and counties to authorize cultivation and sales. Several cities, including Oakland, appear poised to do so if the law passes.

Campaign contributions: Who has given for and against Prop. 19? 

Holder's letter was made public Friday. Los Angeles County Sheriff Lee Baca is hosting a news conference at his headquarters Friday morning to draw attention to the letter.

Possession and sales of marijuana are illegal under the federal Controlled Substances Act. In his letter, Holder wrote: "We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law."

Dale Sky Jones, a spokeswoman for the Prop. 19 campaign, said the federal government is continuing to enforce "a failed policy."

"We're not necessarily surprised that the establishment is coming down on the side of the status quo. ... If the federal government is going to disregard the voters, this is a states' right issue."

President Obama has said that he is opposed to legalizing marijuana, but his administration has ended prosecutions of medical marijuana collectives and patients that abide by state laws, in effect ignoring the Controlled Substances Act. California was the first state to legalize medical marijuana in 1996, and agents from the Drug Enforcement Administration targeted the state's dispensaries and collectives for years. They have continued to bust large-scale growers.

The administration has come under criticism from the initiative's opponents for not doing enough to try to defeat it. Last week, Mexico's president, Felipe Calderon, chided the Obama administration. The nation's drug czar, Gil Kerlikowske, has spoken out about the initiative and said there is no doubt about where the administration's stands. On Thursday, his office issued a news release highlighting a survey released a month ago that showed teens are starting to use marijuana at an earlier age, 17 years old in 2009 as opposed to 17.8 years old in 2008.

Californians are split on the issue. Polls have consistently shown that marijuana legalization is supported by about half of the state's electorate.

-- John Hoeffel

Photo: U.S. Atty. General Eric H. Holder Jr. speaks at a news conference at the Justice Department in Washington, D.C. Credit: Getty Images

Read more:

Proposition 19: California's marijuana legalization debate

 

Comments

[concerned citizen]

So prop 19 which is brought about by citizens, voted by citizens becomes LAW

Yet the feds feel they have the right to break a State Law which was created by the People for the People?

I can't wait till these federal goons try to enforce their draconian laws. What will happen is a complete political backlash

the california economy needs marijuana to survive

what we don't need is the feds determining laws.

[freedom]

what a bunch of morons no wonder America is the land of corrupted politicians.they dare tell the people how to behave when most politicians are the law breakers.

[All Hallows Eve]

STOP BULLYING US!!!

You take away our ability to support ourselves properly or provide our children with the "American Dream", you want to dope us up on anti-depressants and then tell us you don't want us to smoke marijuana!!!???

SHAME ON YOU ALL!

[eric]

This is kinda funny.

Mr Holder should realize that WHEN this law is passed, 70-80% of California will be smoking or growing or both!

Marijuana is nowhere as harmful as alcohol, and many who drink only do it because its not legal in California yet.

So unless the feds plan on raiding just about every home in California, they should move into the future and realize that just like Prohibition DIDNT work for ALCOHOL, its HAS NOT and WILL NOT work for Marijuana either.

(I thought our officials are supposed to be smart people)

[freedom]

what are they going to do put every Californian in prison they cant even afford to house the prisoners that are there now how stupid our government is.people vote yes on 19 and stop the dictatorship in Washington.

[mmj]

Well, Holder and Obama created a HUGE loophole for the recreational user of pot.

"President Obama has said that he is opposed to legalizing marijuana, but his administration has ended prosecutions of medical marijuana collectives and patients that abide by state laws, in effect ignoring the Controlled Substances Act."

All they have to do is grow, sell and distribute marijuana under the guise of MEDICAL MARIJUANA and they are home free. Anyone including teens can get a medical marijuana card. Just complain of insomnia, give money, and see a quack doctor and the card is yours. Just search Google for "medical marijuana cards" and you can get your own card today. Problem solved.

Obama and Holder are naive in thinking the medical marijuana is 100% for medicinal purposes. In some areas, it is most likely 99% for recreational use and some are most likely used for trafficking.

[Joe Riley]

I bet he's just saying that and will be pretty lax about it. Besides, we have to start somewhere when it comes to this, we've waited for them to seperate greed from state for nearly a century now. It's time!

[Loth]

Power to the People! If the People speak the Federal Government must listen! States Rights!!!

YES ON 19

[David]

Good luck enforcing prohibition without local support. Yes on 19.

[Dr.Pikens]

Californians seem to respond favorably to bully threats from big brother. I will vigorously vote Yes on Prop 19 and continue the efforts of Ron Paul, Sarah Palin and the Tea Party to eliminate this intrusion of one’s personal choices and forced behavioral social engineering on the part of the non Tea Party Democrats and non Tea Party Republicans.

[MarkD]

The Bush administration part deux

[Benjamin]

Well this definitely ain't stopping me from voting yes on Prop 19. It's time to end this lousy drug war. The drug war has produced zero of the results it was intended to and it will never curb drug usage.

Meanwhile, less and less people use cigarettes everyday in the USA because the high taxes levied on them deter people from using them. Not single soul has gone to prison for cigs and yet we have had quite some success in decreasing its use.

[QTQBAN]

With what money are the Feds going to vigorously enforce the law?

[Tim Stout]

I have no problem with pot staying illegal, AS LONG as they immediately make alcohol and tobacco illegal. By the way, did you see that CVS was selling the ingredients to make meth? Those of us who support Prop.19 know who the real drug dealers are.

[Windfall]

So called tolerant liberals want to put otherwise law-abiding citizens in jail for something that five presidents including their Messiah, Clueless Comrade Barry are known to have done. Why does this not surprise me? Wake up America. It’s not capitalist Republicans that are trying to enslave you. It’s these Marxist Democrats.

“Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.” - Ronald Reagan

We know from their written records that presidents George Washington and Thomas Jefferson both grew marijuana on their farms in Virginia – and neither one so much as applied to the state for a permit.

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.” – Thomas Jefferson
Presidents Bill Clinton, George Bush and Clueless Comrade Barry have all admitted to smoking marijuana to get high. Together with The Father Of Our Nation and The Author of The Declaration of Independence, that’s at least five presidents of the United States that would be felons under the marijuana prohibition laws of several states– even though their actions brought no harm to anyone. This is ridiculous.

It makes no difference what “unintended consequences” some post-modern Tory may imagine concerning a man’s right to do that which does no harm to another. For the spirit of man to ascend, men must be free to make their own choices, even their own mistakes, especially, in fact, their own mistakes. The Founding Fathers understood this and supported a man’s right to make his own choices including his own mistakes.

“It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it.” – George Washington

In the Land of the Free and the Home of the Brave, no one cares what you smoke or how many harmless plants you grow as long as you’re not out trying to rape, rob or murder somebody or figure out a way to scam a handout from your productive countrymen.

How can a man be said to be free if he doesn’t even have sovereignty over his own body?

We need to send these Nanny State Fascists back to Europe where they belong and return this country to the Rugged Individualists who know what freedom and free enterprise are all about.

“Those who deny freedom to others deserve it not for themselves.” – Abraham Lincoln

Sic simper tyrannis.

[Alison]

Meet the new boss, same as the old boss.

[Dave S.]

Thanks for thinking of California, Mr. Holder.
Have you run out of real crimes to prosecute?
Did your Law School require you to read the 10th Amendment?

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment restates the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution of the United States are reserved to the states or the people.

[Pasquino Marforio]

"We're not necessarily surprised that the establishment is coming down on the side of the status quo. ... If the federal government is going to disregard the voters, this is a states' right issue."

LOL. Okay. Now tell me how that is different than Proposition 8?

[What's a Girl to do]

In my, admittedly non-legal, opinion the feds have no authority over this issue in CA unless interstate activities are involved. Any legal minds out there who can clarify?

Meanwhile, I'm plowing the back 40.

[Melroser]

President Obama opposes Prop 19. Attorney General Holder opposes Prop 19. Jerry Brown, Diane Feinstein, Barbara Boxer, Kamala Harris, and Arnold S. oppose Prop 19. That's probably because they have actually read Prop 19, and seen what a fatally flawed, terribly written, loophole-filled piece of garbage it is. Whatever you think about marijuana or drug legalization, Prop 19 is the wrong way to go about it. When an initiative is this pathetically awful, it should be defeated.

[Joe from HB]

Kind of like the immigration laws in Arizona isn't it? It doesn't matter what the people want or say. The Fed's aint listening!

[schlock]

obama, clinton, bush all did smoked and went on to become president of the united states. hypocrites

[HelloSTUPID!]

So.. it makes sense to put even more LAW ABIDING CITIZENS in jail for a weed that grows in the ground? How much more jail space do you want to take up with nonviolent, legally abiding citizens of the USA. OUR COUNTRY. THIS IS OUR COUNTRY. WE TELL YOU WHAT TO DO. Don't ever forget that.

[Vivien]

Time for secession. California receives very little and pays a ridiculous amount to be part of the United States. If the feds can't respect the principle of federalism, then it's time for us to leave.

[closettoker]

12 other states will follow CA's lead starting immediately following the results of Prop 19 regardless of the outcome. We've already proven with our votes in the states that already have Medical Marijuana Laws that we don't support the governments failed drug policy.

It's time for the Fed's to recognize that they're fighting a losing battle against it's own citizens. Stop wasting our tax dollars "vigorously enforcing" failed policies and criminalizing peaceful tokers.