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22 Stan. L. & Pol'y Rev. 633 (2011)
A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana

handle is hein.journals/stanlp22 and id is 637 raw text is: A CRITICAL APPRAISAL OF THE DEPARTMENT OF JUSTICE'S NEW APPROACH TO MEDICAL MARIJUANA Robert A. Mikos* INTRODUCTION The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hardball tactics favored by earlier administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. On the surface, the Non-Enforcement Policy (NEP) signals a welcome reprieve for the more than 400,000 people now using marijuana legally under state law and the thousands more who supply them. Under the Clinton and George W. Bush administrations, the DOJ had campaigned vigorously against medical marijuana programs. For example, the Drug Enforcement Administration (DEA) raided hundreds of medical marijuana dispensaries and threatened to derail the careers of physicians who recommended marijuana to their patients. Under the Obama Administration, it would seem, patients, physicians, and dispensaries can breathe a lot easier. What is more, the NEP appears to cede an important policy domain to the states. Medical marijuana has been one of the most salient and contentious federalism battlegrounds of the past fifteen years. Federal officials have railed against the intransigence of the states; state officials have protested overreaching by the national government; and the Supreme Court has twice weighed in to settle jurisdictional disputes over the drug. The NEP seemingly calls a truce in this war, but its impact could extend more broadly. The states' pioneering efforts regarding medical marijuana have already fueled calls for * Professor of Law, Vanderbilt University Law School; A.B., Princeton University; J.D., University of Michigan. I thank Nita Farahany, Brian Fitzpatrick, Steven Hetcher, Alex Kreit, Suzanna Sherry, Christopher Slobogin, and workshop participants at the University of Colorado for their helpful comments on earlier drafts. I also thank Brennan Hughes for his excellent research assistance. Comments are appreciated (robert.mikos@vanderbilt.edu). 633

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