‘Legal Marijuana’ Could Still Lead To Prosecution In California

Attorney General Eric Holder says the Justice Department will prosecute distribution and possession of marijuana in California even if the state’s voters approve a ballot measure to legalize the drug.

Holder says the Justice Department strongly opposes the California ballot measure, and he says the department remains firmly committed to enforcing the federal Controlled Substances Act in all states.

The U.S. attorney general made the comments in a letter to former chiefs of the U.S. Drug Enforcement Administration. The Associated Press obtained a copy of the letter.

Los Angeles County’s top lawmakers say they’ll continue to enforce current marijuana laws as well, even if a state ballot measure to legalize the drug passes next month.

At a news conference Friday, County Sheriff Lee Baca and District Attorney Steve Cooley said the law would be unenforceable because it is trumped by federal laws that prohibit marijuana cultivation and possession.

If passed, Proposition 19 would allow Californians to legally possess up to one ounce of the drug and grow small gardens on private property.

Baca says his deputies don’t and won’t go after users in their homes, but public use of the drug will be targeted.

Cooley, who is running for California Attorney General, says he believes Proposition 19 is unconstitutional and would be unenforceable.