Q: Marijuana for recreational use was legalized by Colorado, but its use is prohibited by federal law. How can a state override the federal law? Unless there is a valid legal reason for this, it seems to encourage other states to violate federal laws.
—Tony Gardner, Cumming
A: Legalizing marijuana in Colorado and Washington changed state law, but did not override federal law, Mark Osler, a professor of law at the University of St. Thomas in Minneapolis, told Q&A on the News in an email. "This isn't unusual — federal and state laws do not always match," he wrote. "Many state crimes are not federal crimes, and vice versa. Narcotics happens to be an area where usually there is near total overlap." Osler, a former federal prosecutor, wrote that the federal government could prosecute marijuana cases in those states, but Deputy U.S. Attorney General James Cole wrote in a memo last August that the government wouldn't make it a priority to block marijuana-legalization laws or "make it a priority to close down recreational marijuana stores," The Denver Post reported. "Prosecutors never bring every case they possibly could, and would be unwise to try to do so, because resources must be used efficiently to solve problems," Osler wrote. "So far, it looks like the federal government is using its discretion to not bring small marijuana cases in states where marijuana possession is illegal — but they still have the power to bring such cases." Legalized sales of recreational marijuana began on Jan. 1 in Colorado; stores in Washington will begin sales later this year.
Andy Johnston wrote this column. Do you have a question about the news? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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