Obama says going after marijuana 'not a top priority'
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Regarding marijuana 鈥 Americans鈥 largely illegal recreational drug of choice 鈥 Barack Obama has two roles.
As president, he鈥檚 sworn to uphold the laws of the land, which include a federal prohibition on the sale and possession of marijuana. And as the father of two children headed for high school, he advises his girls not to do as he did when he was a teenager 鈥 smoke dope with his friends.
But Mr. Obama also has to weigh the evolving political backdrop for US drug policy, which includes growing public acceptance of marijuana as the kind of substance that should be allowed for adults while being strictly regulated and taxed like alcohol.
In an interview with ABC鈥檚 Barbara Walters to be broadcast Friday evening, Obama said, 鈥淲e have bigger fish to fry.鈥
鈥淚t would not make sense for us to see a top priority as going after recreational users in states that have determined that it鈥檚 legal,鈥 he told Ms. Walters.听
In last month鈥檚 elections, voters in Colorado and Washington State approved ballot measures legalizing small amounts of marijuana for adults over 21.听Also on Election Day, Massachusetts joined 17 other states that allow the medical use of marijuana.
Until now, federal drug policy regarding recreational and medical marijuana 鈥 on the books and in practice 鈥 has been clear: 鈥淛ust say no,鈥 to use the phrase championed by former first lady Nancy Reagan.
Federal agents have cracked down on medical marijuana dispensaries in California. With the state legalization of pot in Colorado and Washington, the conflict between federal and state law becomes more complicated, Obama acknowledges.
鈥淚 head up the executive branch; we鈥檙e supposed to be carrying out laws,鈥 he said in the ABC interview. 鈥淎nd so what we鈥檙e going to need to have is a conversation about: How do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it鈥檚 legal?鈥
US Attorney General Eric Holder took essentially the same line earlier this week.
鈥淭here is a tension between federal law and these state laws,鈥 Mr. Holder said in response to questions after a speech in Boston. 鈥淚 would expect the policy pronouncement that we鈥檙e going to make will be done relatively soon.鈥
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"We are looking at those two initiatives those two statutes and trying to determine exactly how we will respond,鈥 he said. "There are a number of issues that have to be considered, among them the impact that drug usage has on young people, we have treaty obligations with nations outside the United States 鈥 there are a whole variety of things that have to go into the determination that we are in the process of making."
Advocates of marijuana decriminalization say they鈥檙e encouraged by Obama鈥檚 comments this week.
鈥淭his is a great start and an encouraging sign that the federal government doesn鈥檛 intend to ramp up its focus on individual users,鈥 Erik Altieri, communications director for the National Organization for the Reform of Marijuana Laws, said on NORML鈥檚 website.
鈥淭hough considering it is extremely rare for the federal government to handle possession cases (only a few percent of annual arrests are conducted by the federal government), and that this is the same stance he took on medical cannabis before raiding more dispensaries than his predecessor, his administration鈥檚 broader policy will be the one to watch鈥,鈥 Mr. Altieri said.
Joe Megyesy, a spokesman for Colorado鈥檚 marijuana legalization group, said Obama's comments were "good news" as far as they went, but left unanswered many questions about how regulation would work, reports the Associated Press.
Even if individual users aren't charged with crimes, marijuana producers and sellers could be subject to prosecution and civil forfeiture and other legal roadblocks. Marijuana is a crop that can't be insured, and federal drug law prevents banks from knowingly serving the industry, leaving it a cash-only business that's difficult to regulate.
"I'm wondering what sort of things are going to happen now on the civil side of things," Mr. Megyesy told the AP. "It seems like [Obama] was talking strictly about the criminal side, which is great, but doesn't answer the question of how the Department of Justice is going to respond to this."
It seems likely that Congress will take up the issue after the holiday break.
Senate Judiciary Committee Chairman Patrick Leahy听(D) of Vermont says he plans to hold a session in the new Congress to examine how federal laws and enforcement square with new state laws legalizing pot, reports The Washington Post.
鈥淥ne option would be to amend the Federal Controlled Substances Act to allow possession of up to one ounce of marijuana, at least in jurisdictions where it is legal under state law,鈥 Senator Leahy wrote in a recent letter to Obama administration drug czar Gil Kerlikowske.
Over the years, public approval of marijuana legalization has steadily inched upward, reaching the 50 percent point in October, according to Gallup.
Still, many Americans agree with Obama鈥檚 comments about his own youthful experience seen in light of fatherhood.
鈥淭here are a bunch of things I did that I regret when I was a kid,鈥 Obama told Walters. 鈥淢y attitude is, substance abuse generally is not good for our kids, not good for our society.鈥