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Holder announced that the Department of Justice will take a “trust but verify approach” to the new marijuana laws, but did reserve the right to file a preemption lawsuit at a later date if necessary. In a three page memo issued by Deputy Attorney General Cole, the DOJ clarified they will still retain the right to prosecute individuals who engage in the following circumstances: -the distribution of marijuana to minors; -revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels; -the diversion of marijuana from states where it is legal under state law in some form to other states; -state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; -violence and the use of firearms in the cultivation and distribution of marijuana -drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; -growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; -preventing marijuana possession or use on federal property. norml.org
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