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Senate to probe state-federal marijuana conflicts

By Josh Richman
Monday, August 26th, 2013 at 2:54 pm in marijuana, Obama presidency, U.S. Senate.

U.S. Senate Judiciary Committee Chairman Patrick Leahy said Monday he’ll hold a hearing Sept. 10 on the conflict between federal and state marijuana laws.

That’s big news for 20 states including California that have legalized medical marijuana, as well as for Colorado and Washington, which have legalized it for recreational use.

Leahy, D-Vt., has invited Attorney General Eric Holder and Deputy Attorney General James Cole to testify. Perhaps someone will ask them why President Obama’s rhetoric and action haven’t matched up on this issue: Though he has said that federal law enforcement resources are better targeted toward violent elements of the drug trade, federal agents and prosecutors have continued to pursue dispensaries that are in compliance with California law.

Leahy wrote to White House “drug czar” Gil Kerlikowske last December, asking how the federal government intended to deal with states like Colorado and Washington. In that letter, Leahy also suggested that federal legislation could be introduced to legalize up to an ounce of marijuana, at least in states that have legalized it; he also sought assurances that state employees would not be prosecuted for implementing state laws.

Congress’ efforts to address this haven’t advanced. H.R. 1523, the Respect State Marijuana Laws Act by Rep. Dana Rohrabacher, R-Huntington Beach, would protect those operating under medical-marijuana laws in 18 states including California plus the District of Columbia, or under the recreational legalization laws enacted last year in Colorado and Washington state. Introduced in April, the bill has 18 cosponsors from both sides of the aisle yet has never had a hearing.

“Ending marijuana prohibition not just in the states but also nationally is going to require the sort of leadership that Senator Leahy is now providing,” Drug Policy Alliance executive director Ethan Nadelmann said Monday. “Now is the time for his colleagues to stand up as well in defense of responsible state regulation of marijuana.”

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