U.S. Dept. of Justice to issue guidance for federal prosecution in medical marijuana cases

The U.S. Department of Justice is expected to send a three page memo to federal prosecutors outlining Attorney General Eric Holder’s views on how cases involving medical marijuana should be handled.

The Associated Press reports the memo will be sent to federal prosecutors in 14 states which have medical marijuana laws — including Michigan — as well as top officials in the FBI and the DEA. The memo is expected to inform prosecutors that pursuing cases against marijuana suppliers who are clearly in strict compliance with state laws is not a good use of prosecutors’ time.

The move is a major shift in policy from Bush era policies which had federal law enforcement pursuing criminal charges in medical marijuana cases, AP reports. The move also clears up some concerns that Holder would continue the Bush administration policies.

The move has national organizers for medical marijuana sighing with relief.

“This is a major step forward,” said Bruce Mirken, communications director for the Marijuana Policy Project. “This change in policy moves the federal government dramatically toward respecting scientific and practical reality.”

But how federal authorities will be able to discern those who are strictly adhering to state laws on medical marijuana in Michigan is certainly a question. Michigan voters approved a law in Nov. to allow patients with certain conditions, like cancer, back pain and HIV or AIDS, to access the plant for medical purposes.

The Michigan Department of Community Health was tasked with drawing up the rules and operations for residents to be approved for the use of pot, and that was a considerable battle, as Michigan Messenger reported at the time. But even since the new policies and rules have gone into effect, law enforcement agencies across the state continue to make arrests and conduct criminal cases in reference to medical marijuana.