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

[aoneanatwo]

What are they going to do, flood CA with federal agents to enforce their stupid law? Now that's an efficient and wise way to use taxpayer's money, NOT!

[bardgal]

I'm a Liberal Progressive, and I am voting YES on 19.

I have never smoked or ingested pot, nor do I plan to in the future even if legalized, unless, I might need it someday for medical purposes. Still, keeping it illegal is insane, and only ads to the criminal element. CA needs the money, law enforcement need to spend their time on more important things, and the US needs to grow up, get educated, and become the largest Hemp producer on the planet. That crop alone (which is NOT POT) might single-handedly save our economy as it can be used for everything from paper and clothing to fuel. It grows almost anywhere, in almost any environment, and is one of the fastest renewables.

Of course, between the lumber and alcohol lobbies, you'd think these plants were the spawn of Satan.

[Cann_Do]

Good luck with that, Holder. The Justice Dept will have to bring in their own jack-boot thug cops, their own prosecutors and their own judges.

Even then they will simply NOT find a jury to convict, and no californians will plead guilty.

Holder and his little lackeys Cooley & Baca are terrified. They know they will effectively be powerless to do any effective prosecutions if Prop 19 passes.

[Gerald Sills]

Mr. Holder is correct, and he is also very wrong. Although the office of this corrupt official will hound the citizens of California, and even prosecute, his authority on the matter is completely null and void. If the public officials of California do their job representing and protecting the citizens of the state, then the Feds will be left standing in the cold. California does not have to obey any Federal Law that goes against the legitimate Freedom of it's citizens. Tell the Feds to obey California Law, or get the hell out of the state. "Pot" grown and distributed in California does not fall under Federal Commerce regulations. Either demand your Freedom now, or forever shut up and do as you are told. If you elect panzies and wussies to be your leaders, then you are already a failed state, and your Freedom is forever lost.

[Eric Watson]

This makes me want to join the tea party and vote these guys out of office. People have a right to do whatever they want to themselves. It's time we stopped this war on drugs which is a essentially a war on the people of America by the government. Enough is enough. Yes on 19, no on the Feds.

Boxer is against 19, Brown is against 19. I'm sure Fiorina and Whitman are worse. These people have to go.

[RUJoking?!]

The Fed's also have Constitutional duties to enforce border laws, declare war before sending soldiers into combat, require gold & silver as US money, protect citizens equally (no affirmative action) & delegate all powers not specified to them to the states, like drug laws.

That could not be more clear, since the Constitution is over 200 years old. What is also clear is that the Fed's are in flagrant, repeated & long-term violation of the Constitution. Many of these violations are called 'treason,' legally, when done by citizens.

Time for a paradigm shift.

[TheIdahoKid]

Good! send them to federal prison, cheaper for the state.....

[RUJoking?!]

Still waiting for Holder the puppet to investigate, indict, prosecute or convict one person for the financial crisis of fraud, theft & collusion that went public in 2008.

Not holding my breath.

[Hypatia]

Eric Holder, Eric Holder, silly man, silly man! Haven't you anything more important to do with your time? You and your boss must have tin ears, so little are you in tune with the voice of the people.

If you must interfere in people's lives (not mine; I don't do marijuana or anything stronger than chocolate), why don't you work to get tobacco and alcohol under the same "draconian" laws as pot.

Those two addictive substances have caused more death and destruction, not to mention waste of public funds for medical care and death benefits, than
all the pot farms put together.

Once pot is decriminalized, the gangs that are making big money and fighting deadly wars BECAUSE it is illegal will have to find another line of work

[SacramentoSteve]

They cant stop tons of drugs coming over the border,what makes them think they can put a dent in all the backyard grows?

[yeson19]

"We will awwest you" said Elmer Fudd, I mean, Eric Holder.

Doesn't the Federal government have better things to do than waste money persecuting a bunch of pot-heads.

Seriously.

[angel]

i can't wait to see the clash between the people of cali and the feds., that is if prop 19 passes...

[David Theiss]

If it has medicinal value, as some studies suggest, make it available by prescription only (not "recommendation") at legitimate pharmacies (not de facto opium dens) and regulate it like any other prescription drug. Otherwise, it shouldn't be available for recreational use.

[Los Angeles]

You also don't need Feds regulating controlling and taxing Cannabis. Prop 19 will be used to feed the monsanto industry and will kill the plant.

m e r p

[Michael]

Maybe the Feds need to do more to protect our borders and citizens from the Mexicans and worry less about a plant that grows in the ground.

[Andrew K]

The time has long passed on legislating arcane morality laws; Californian's have every right to make their own perspective laws regarding cannabis. The Federal Government has zero right to subvert the will of the people.

[seriousfun]

As with most CA propositions, even the ones I support in principle, this is either illegal or unconstitutional. This should have been done long ago by our legislators - we pay them to legislate, but they lost their way somehow. Even though I don't smoke the stuff and don't want to smell it, I fully support this legalization and will vote for the prop.

[Walter]

What a party pooper.

[Michael]

Better yet, let us make all drugs illegal, you can not have your cancer drug and you can not have your high blood pressure drug and you over there, you are going to die because you can not have anti-biotics.

[tontosh]

Just remember people, it does not matter what we want, it's what the government want's. All they want from us is to shut up, go to work, and PAY TAX.

[Michael]

@All Hallows Eve

Agreed! We can eat pills all day but heaven forbid we get to choose marijuana. And the mexican president is chiding us over this? Just because he's been involved in a massive drug war for years, doesn't mean he knows what he's doing or his policies are effective. Quick hint - check the news. They're not effective.

[Still_Walking_Point]

Can I expect local LEO to protect me against Holder?

[Michael]

@Windfall

I agree with your points, but you should blast "Marxist Dems" over this. The war on drugs was started by Reagan. The fact is this is simply government in general being government in general. They have too much invested and dependent on "stopping" these drugs.

[Damien Margo]

This is absolutely an atrocious violation of human rights and everything this country stands for. The war on drugs program is the most complete and utter failure in history. I am so ashamed of Obama and Holder right now. This is not the change I voted for. Like prohibition in the 1920's our war on drugs has only caused the death of innocent people and wasted over two trillion dollars.

[joe blow]

what is the difference between holder and ashcroft? nothing. hey eric, aren't you vigorously enforcing the drug laws now? looks like you all are making great progress in that war, too. nice try.