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I live in Licking County, Ohio- and until tonight, I had never heard of a case similar to mine.

Today's news that DOJ is officially calling on federal prosecutors to respect state medical marijuana laws is already a top story in every major news outlet. Although the announcement merely formalizes existing administration priorities, it has done so with considerable fanfare and the medical marijuana community is naturally quite thrilled about it.

This event -- and the substantial attention it has drawn -- provides yet another important measure of the rapidly evolving political landscape surrounding marijuana policy in America. It's important to understand how this happened, which is why I think this comment from Glenn Greenwald is a little bit off the mark:

The Obama administration deserves major credit not only for ceasing this practice, but for memorializing it formally in writing.  Just as is true for Jim Webb's brave crusade to radically revise the nation's criminal justice and drug laws, there is little political gain -- and some political risk -- in adopting a policy that can be depicted as "soft on drugs" or even "pro-marijuana."

It's just not at all clear to me at this point what political risk exists with regards to protecting medical marijuana. Public support has ranged from 70-80% for a long time. We have a 9-1 record passing state-level initiatives to legalize medical marijuana, losing only in South Dakota. Obama's campaign promises on this issue earned only praise, while contrary statements from Romney, McCain and Giuliani ignited a firestorm of public outrage. Who even opposes medical marijuana anymore other than paranoid politicians, power-hungry police and creepy old drug war demagogues?  Even Michelle Malkin and Bill O'Reilly are cool with it.

The real story behind what happened today, I believe, is that the new administration sees public support for medical marijuana as the safest course from a purely political standpoint. They didn't have to issue this statement at all, let alone on a Monday morning, and I can only assume that they're perfectly content to make major headlines with it. As such, this event is significant not only for its implications with regards to medical marijuana, but also because it fundamentally reframes the political calculus that has long driven drug policy decision-making in Washington, D.C.

There are many good things to be said about all of this, but praising Obama's political courage may serve only to unintentionally re-inflate the dubious notion that there's anything to fear by standing with us in the first place.

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday. In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority. The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients. The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change. In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"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."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. "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," said Attorney General Holder. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government." "This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today. "It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law." While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations." And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.

Carrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s. I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association. I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.

Check out the brand new redesigned Flex Your Rights website, which is so filled with delicious know-your-rights info and advice that it might even make you wanna go out looking for trouble. Of course, the point is not to embolden you (being cocky is a huge mistake), but rather to provide answers that aren’t available elsewhere and help people heal just a little from the pressure and confusion of living in a nation that jails more of its citizens than any other.

So please take a look and share it with friends and family. This is your first -- and sometimes only -- line of defense.

A post at the LEAP blog points out that John Walters has been conspicuously quiet recently. After beginning his new position as executive vice president at the Hudson Institute in January, Walters was producing pro-drug war editorials on a monthly basis, but we haven't seen anything from him since spring.

LEAP speculates:

Perhaps, toward the end of 2008, Hudson thought it a brilliant notion to bring on Walters to spearhead prohibitionist drug policy thought leadership for the conservative apparatus.

But after witnessing the amazingly anti-prohibitionist shift that the public discourse on drug policy has taken throughout 2009, it seems that Hudson and the larger conservative establishment -- or anyone, for that matter -- just don't have all that much use for what John Walters has to say right about now.

I'd love to think that Hudson told him to stop, or better yet, that he's been writing feverishly this whole time and newspapers just won’t print him anymore. Still, my first guess is that it's just a coincidence and Walters will resurface any day now to once again stink up the drug policy debate with his familiar brand of unhinged prohibitionist propaganda.

And you know what? I hope he does. John Walters's tenure as drug czar ushered in an unprecedented period of progress for the reform movement, as he traveled the nation alienating the media and terrifying small children. I swear, every time he opens his mouth, thousands of new people start questioning the validity of his beliefs. So please John, don't leave us now. Things are just starting to get interesting.