AN OBAMA ADMINISTRATION MARIJUANA FLIPFLOP: “The Department of Justice sent out a memo Wednesday instructing the head of the Drug Enforcement Administration and leading officials in the U.S. Attorneys Office to treat medical marijuana shops as top priorities for prosecutors and drug investigators. . . . The memo, authored by Deputy Attorney General James M. Cole, ‘clarifies’ a memo released in 2009 that declared medical marijuana sales in states that have legalized it to be a low priority for law enforcement and prosecutors.”

More here. “Some will argue that the administration has no choice but to enforce these laws. However, prosecutorial discretion gives the executive the power to decide not to pursue these cases if the president so chooses. Indeed, the federal government can only prosecute a small fraction of the numerous violations of today’s overbloated federal criminal law. The average American commits about three federal felonies every day. Every administration must inevitably prioritize some federal laws over others. There is no legal obstacle preventing the president from keeping his campaign promise. The problem is lack of political will. The hesitation is remarkable in light of the fact that polls show that some 81 percent of the public supports legalization of medical marijuana.”