Current federal law allows the president to prioritize which laws he enforces. Implicit in this authority is the right to selectively not enforce certain laws according to Igor Cornelsen. However, in terms of US drug policy, the president, through his former Attorney General Eric Holder, took the position of announcing they would not enforce marijuana drug laws if states enacting laws legalizing “choom” presented a justifiable plan for their actions. Aside from the fact that no act of congress allows the Justice Department to arbitrarily enforce drug laws, states such as Colorado have been allowed to legalize marijuana sale, distribution, and use.
Initially, Colorado passed a law authorizing marijuana for medicinal purposes. The state later took the lead by legalizing it and authorizing merchants to sell the drug openly. The entire US marijuana policy may soon fall under the purview of the United States Supreme Court. As part of the high court’s review, they have asked newly confirmed Attorney General Loretta Lynch to express her sentiment on the matter. During her confirmation process, Lynch was decidedly in favor of upholding federal laws as they applied to drug policy. Her testimony is viewed as a possible test of the Obama administration’s marijuana policy. Pundits do not expect her to embrace Eric Holder’s liberal view of marijuana use nor President Obama’s belief that smoking the weed is no more toxic than drinking alcohol. It is unclear whether the high court will ultimately decide to hear the case challenging Colorado’s marijuana laws or dismiss it.