Washington Gov. Jay Inslee also laid out guidelines for marijuana entrepreneurs.
“If you don’t sell this product to children, if you keep violent crime away from your business, if you pay your taxes and you don’t use this as a front for illicit activity, we’re going to be able to move forward,” Inslee said.
Under the new federal policy, the government’s top investigative priorities range from preventing the distribution of marijuana to minors to preventing sales revenue from going to criminal enterprises, gangs and cartels and preventing the diversion of marijuana outside of states where it is legal.
Other top-priority enforcement areas include stopping state-authorized marijuana activity from being used as a cover for trafficking other illegal drugs and preventing violence and the use of firearms in the cultivation and distribution of marijuana. The top areas also include preventing drugged driving, preventing marijuana cultivation and possession on federal property.
The Justice Department memo says it will take a broad view of the federal priorities. For example, in preventing the distribution of marijuana to minors, enforcement could take place when marijuana trafficking takes place near an area associated with minors, or when marijuana is marketed in an appealing manner to minors or diverted to minors.
Following the votes in Colorado and Washington last year, Attorney General Eric Holder launched a review of marijuana enforcement policy that included an examination of the two states. The issue was whether they should be blocked from operating marijuana markets on the grounds that actively regulating an illegal substance conflicts with federal drug law that bans it.
Peter Bensinger, a former head of the Drug Enforcement Administration, said the conflict between federal and state law is clear and can’t be reconciled. Federal law is paramount, and Holder is “not only abandoning the law, he’s breaking the law. He’s not only shirking his duty, he’s not living up to his oath of office,” Bensinger said.