U.S. attorney won't go after some pot smokers

The new U.S. attorney for New Hampshire said yesterday he won't prosecute people using small amounts of marijuana for pain or to improve their appetite.

U.S. Attorney John Kacavas said his office will go after drug dealers, but not the sick. He said he will follow guidance issued Monday by U.S. Attorney General Eric Holder telling prosecutors that targeting people who use or provide medical marijuana in strict compliance with state laws was not a good use of their time. Federal law bans the use and distribution of marijuana.

The absence of a state law allowing medical use makes no difference, Kacavas said. It will be up to the state to decide to prosecute medical users, not his office, he said.

"This attorney general believes that it's a limited resource allocation problem. Federal resources are better reserved for larger scale drug dealers and consumers of drugs," Kacavas said.

The policy does not endorse marijuana use or mean its use is legal, he said.

"But it is saying in a smarter battle against drugs, people who use it to improve their appetite, people who use it to alleviate their pain probably ought not to be prosecuted federally," Kacavas said.

Next week, the House votes on whether to override Gov. John Lynch's veto of a bill that would make New Hampshire the 14th state to legalize marijuana use by severely ill people. Depending on attendance, the House may have the two-thirds votes needed to override the veto, but supporters need two more votes in the Senate.

Asked if his office would prosecute medical users if the law doesn't pass, Kacavas replied it would not. He said he would enforce federal drug laws against dealers and those buying other illegal drugs. The exception only applies to marijuana, he said.

In his veto message last spring, Lynch cited concerns over distribution and cultivation. He also noted that marijuana use for any purpose remains illegal under federal and state law.

Lynch spokesman Colin Manning said the Obama administration's shift in policy does not alleviate Lynch's concerns.