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  • ERIC HOLDER PROMISES TO PROSECUTE VIOLATIONS OF FEDERAL MARIJUANA LAWS EVEN IF IT IS LEGALIZED IN CALIFORNIA

    Posted on October 20th, 2010 zshapiro No comments

    Attorney General Eric Holder announced that the government will continue to prosecute marijuana case regardless of how California votes next month on Proposition 19. Proposition 19 will abolish California laws making possession of marijuana for personal use illegal for adults.

    But Holder will have little power over the use of marijuana under Proposition 19. It will legalize personal use and possession of an ounce of marijuana. But the Federal government rarely prosecutes such small cases except in national parks and properties under the control of the Federal government. The proposition allows people to grow marijuana on private property as long as the area used to grow the marijuana does not exceed 25 square feet. But the Federal policy is not to prosecute cases involving under 100 plants which needs more than 25 square feet. The Feds could attempt to prosecute growers and sellers of marijuana. But this will only be legal in towns and counties where the local government passes enabling legislation. The growers and sellers will have to be licensed. In some cases the local government may sell the marijuana. Is Holder going to send the FBI in to arrest the mayor if a city is selling marijuana? What is the DEA going to do if the marijuana is protected by police officers? 1

    Notes:

    1. I doubt with the number of layoffs of police officers you are going to find many of them protecting marijuana. But the taxes from the sale of marijuana will allow some cities to hire back laid off officers.

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