October 19th, 2009 – The Obama administration, following through on a campaign pledge, today issued a memo to select United States Attorneys providing clarification and guidance to federal prosecutors in states that have enacted laws authorizing the medical use of marijuana. The memo, signed by Deputy Attorney General David W. Ogden, states (in part):

"The Department is also committed to making efficient and rational use of
its limited investigative and prosecutorial resources. ... As a general
matter, pursuit of these priorities should not focus federal resources in
your states on individuals whose actions are in clear and unambiguous
compliance with existing state laws providing for the medical use of
marijuana. For example, prosecution of individuals with cancer or other
serious illnesses who use marijuana as part of a recommended treatment
regimen consistent with applicable state law, or those caregivers in clear
and unambiguous compliance with existing state law who provide such
individuals with marijuana, is unlikely to be an efficient use of limited
federal resources."

United States Attorney General Eric Holder further clarified, "It will not
be a priority to use federal resources to prosecute patients with serious
illnesses or their caregivers who are complying with state laws on medical
marijuana. ... But we will not tolerate drug traffickers who hide behind
claims of compliance with state law to mask activities that are clearly
illegal."

Please take a moment to thank the President for formalizing his campaign
pledge to make the federal enforcement of marijuana laws a low priority in
states that have enacted legal protections for medical cannabis patients and
their providers. While the instructions in this memo still leave discretion
up to individual prosecutors, the tone of the letter makes it clear that
moving forward on such cases is discouraged. For your convenience, you can email a prewritten letter to President Obama.

You may also call the White House during EST business hours at:
Comments: 202-456-1111
Switchboard: 202-456-1414

If you call, please leave your name and where you are from. Tell the President:

"Thank you for discouraging the use of federal resources to improperly
target and prosecute medical marijuana patients and their providers who are
compliant with state law. Please consider making these guidelines federal
law by urging Congress to move expeditiously to pass House Bill 2835, The
Medical Marijuana Patient Protection Act of 2009, which would ensure – once
and for all – that medical cannabis patients in states that have approved
its use will no longer have to fear arrest or prosecution from federal law
enforcement agencies."

Thank you for assisting NORML's federal law reform efforts.

View the Memorandum from the Deputy Attorney General.