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

[Bill]

The federal government is using fear, so people won't vote yes on prop 19. Attorney General Holder figures if he puts out a letter like this that people will think it is a waste of time to vote yes on Prop 19 and won't vote at all. I hope everyone will still vote and vote YES.

[SoCalMatt]

Holder is a tool!

"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."

Yeah, enforcing it is complicated because drug enforcement isn't working and will not work in the future. If people want to do drugs, legal ones or not, they are going to do it. Marijuana is safer than many of the narcotics that our doctors are prescribing....get over the pot is bad thing already. I believe that someday marijuana will lose it's stigma of being some hippy, lazy, stoner drug and will become as mainstream and American as Budweiser, and that's going to be a great and mellow day. The pros to cons must be 10 fold, lighten up people!

[James]

For those blaming the "Marxist Liberals" for the war on drugs, lets keep in mind that the Controlled Substances Act was enacted by Nixon the Republican, the "Just Say No" campaign was started under Regan the Republican, and that the Bush administration as well as John McCain were against Medical Pot whereas the Obama Administration has tolerated it within the bounds of state law. Although I'm not defending the Obama administration at all, Republicans have a history of bad behavior in the "War on Drugs."

[P J Evans]

So he's going to prosecute people for breaking a federal law when state law says it's legal, but he can't enforce the federal laws about investment fraud and war crimes and illegal surveillance?
He's supposed to work for *us*, not Wall Street.

[Kevin]

That's pretty much what we've been expecting. This is no surprise. They did it with the medical Cannabis for a long time, until Obama backed off on enforcing the law against MMJ. We've had a 2 year lull in raids, thanks to that. Had McCain been elected, the raids would never have stopped. If the republicans win the presidency in 2012, you can expect the raids on medical Cannabis to resume.

As George Washington said: Make the most of the Indian hemp seed, and sow it everywhere! Then, let the high priced Federal gardeners find it all and cut it down. That will keep them busy.

[Bring it.]

Yeah, that's what tyrants throughout history have always said. The people make a decision, and the leaders go rogue. Well, we've all seen what happens to tyrants throughout history. America is a free nation. The FED must accept that and move on. Does the FED realize how dangerously outnumbered they are? Bring it. :) You want to enforce something "vigorously", go help out by the border down south, you worthless tyrants. Quit ruining this country.

[Steve]

Again, Obama and friends will slash the will of the people. However, Obama will not enforce illegal immigration law. What a dictator.

[Still_Walking_Point]

Didn't it take a constitutional amendment to the United States Constitution to prohibit the sale, manufacture, and transportation of booze? What law will this clown use against the will of the people?

[It's coming]

I smell a revolution on the horizon!

[Bring it.]

Im not surprised considering that the federal government are the biggest crooks on the planet. Contrary to popular belief, THEY have control of the illegal drug market, those dirty rotten crooks. They don't want the people taking away from their profits. End the FED. They are worthless, and all they really want to do is bring this country down.

[It's coming]

We the people tell the GOVERNMENT, what laws we will, and what laws we will not recognize. Not vice versa

[Bring it.]

"Our citizens?" How dare you! We are not your citizens. We are citizens of a free America. Where the PEOPLE MAKE THE LAWS. You are delusional sir.

[already voted for 19]

maybe the Feds should spend more time worring about the deficit, the useless wars we are fighting, an open border and a crumbling country instead of pot. It is a failed policy, the war on drugs will never be won, but the fat cats can still milk the USA out of trillions while telling us "just say no". It is amazing to me how screwed up our Federal Government is. An illegal can cross our border and commit crimes against our citizens but the feds do nothing but when we try to reap the benefits from a weed we are sent to jail. The bankers can bend us over and the feds stand by, hell they even bail them out with our money but come down hard on tax paying, voting citizens for using pot.

[Brad]

Might Makes Right.

[Patricia]

How does it feel, dude, to know that half the state is going to give you the finger in November?

[syscom3]

Some of you commenters need to take a refresher course in how our federal system works. The feds can do whatever they want because federal law is supreme to California law.

Its been that way since 1788.

But, the feds still need a jury to convict. And if the jury wont convict, the feds can go pound sand.

[Animaphone]

The only thing worse than a Democrat is a Republican. This administration is the most conservative Democratic administration since Wilson, who, if memory serves us, segregated or fired all Black American Federal employees. Thanks Eric Holder, you're a real hero.

[ginger]

Is this surprising? Look at the extreme measures NObama is taking against AZ! This guy is a real winner! I cant believe people actually voted for this joker. What a waste his four years will be!

[Trey]

If 19 passes, Obama can definitely try and do his best to circumvent the law by using the Federal Government's might to try and bully us. Conversley, we have the right to make Obama the first Democrat to lose California in a Presidential election since Walter Mondale. If he doesn't want us to vote for him in the next election, this is a great way to get our state to do that.

[Steve Brown]

There is this nagging thought in my mind when I think about Mr. Holder's statement. Under what authority does the federal government think it operates when it wants to come into our state and interfere with our own laws?
I could swear there is something in that old Constitution somewhere that gives the federal government the rights to administrate interstate commerce, but if Californians don't import or export the marijuana, then what gives the federal government their authority here?
The federal government is grabbing way too much power these days. It's time our state representatives in Congress start exerting the rights of our own states to take care of their own business.

[Steve]

So, what will the Feds do? Let all the child molesters, rapists, and murderers out of prison so they can stuff all the pot smoking criminals in to do hard time? When will they get their heads screwed on straight? Do they think people will stop smoking pot because it's illegal? Remember Prohibition - didn't work out to well did it?

[Nora O'Bryan]

Why don't the politicians start dealing with really important issues, like the economy, pollution, our schools, roadways, railways.......etc. I could go on for pages, but you all get the message.

I was not going to vote in this election as I am disgusted with candidates running and tired of voting for propositions only to have the court's overturn the people's vote. Thanks for this article as I will now be voting - yes on prop 19

[tm]

Why is Attorney General Eric Holder positioning the Justice Department's power against the power of the people? It seems the right step would be to call for an immediate review of the federal Controlled Substances Act (CSA) and amend the act. This "stay the course" attitude shows poor judgment on Holder's behalf.

[Dopeheads]

Federal law trumps state law. I really feel for you dope heads. The state if it passes will tax you to death because they need the money. Yea, they will find ways to tax the individual who grows it in their home to. The sellers will charge you more than you can buy it on the street. This prop will fail regardless of what the polls say, polls don't mean anything, it's the day after election that counts.

[Bring it.]

I see. Well, I think the Fed's days are numbered. You see, if we don't learn from history then we are doomed to repeat it. The federal government is an old, corrupt, crumbling, disfunctional family. It no longer serves the people of America, therefore ultimately it has no future here in this nation. I look forward to reading about them in the history books many years from now. Im sure they will go down in history as the criminals they are, right next to the likes of Adolf Hitler. I look forward to telling my children the story of how the American people freed themselves from tyranny for the second time in history. The Fed are pushing this nation to the brink of revolution, and there's more of us then them. This is bigger then Marijuana. This is about a free nation for our kids. A place for them to grow up and prosper without having to worry about the government stealing from them.