The Obama Administration released policy guidelines today for federal proseuctors in states like Maine that have legalized medical marijuana. Medical marijuana is still outlawed at the federal level. But now federal prosecutors are being officially told not to make prosecution of medical marijuana patients or their suppliers a priority unless illegal drug trafficking is also involved. The news is being hailed in Maine by organizers of a campaign to set up a statewide medical marijuana dispensary system.

In just two weeks, Maine voters will consider Question 5 on the ballot, a proposal to expand Maine's ten-year-old medical marijuana law by creating a statewide system for dispensing marijuana to authorized patients. With the announcement by the Obama Administration that U.S. attorneys should not squander valuable resources on prosecuting patients who smoke pot or the people who get it for them, Jonathan Leavitt says the timing couldn't be better. Leavitt is with the Maine Marijuana Policy Initiative which is behind Question 5.

"I think it's pretty significant, and I think it clears up any concerns that still remain out there around how this is going to play itself out when it comes to the federal government, and we're really happy," Leavitt says.

Maine's U.S. Attorney, Paula Silsby, could not be reached for comment. Silsby was assigned her post by President Bush, whose administration said it would crack down on medical marijuana patients and growers no matter what their states' laws are.

Roy McKinney of the Maine Drug Enforcement Agency says he's not surprised by the Obama Administration's approach. President Obama campaigned on a similar theme, and earlier this year Attorney General Eric Holder signaled a departure from the Bush Administration.

McKinney says he doesn't think much will change in Maine. He says his own state agency has only been involved in a handful of medical marijuana cases over the past ten years. "I can remember one where an individual had 81 plants and claiming exemption under the law, which, clearly, he was over in violation of that."

Maine is one of 13 states that have legalized medical marijuana. And if Question 5 passes, it will be the fifth state to allow for a system of dispensaries.

"I think the federal government should, to the maximum extent possible, respect state laws and not inject themselves into issues that are really state issues," says Evert Fowle, the District Attorney for Kennebec and Somerset Counties, who also heads the Maine Prosecutors Association.

"That doesn't mean that I, in any way, shape or form approve of the current Question 5 before Maine voters," Fowle says. "But if the state of Maine votes for it then I think the decision should be respected by the federal government."

Both Fowle and McKinney say they do not think the proposed dispensary system in Maine contains adequate oversight or safeguards. McKinney worries that Maine could find itself in a similar position as California, where a federal judge recently ordered the closure of nine dispensaries for alleged zoning violations. And District Attorney Fowle says he thinks the Department of Public Safety, not the Department of Health and Human Services, should be in charge of licensing and enforcement.

And that's just the beginning of his list of objections. "I have concerns that the qualifying patient is allowed to consume up to 200 marijuana cigarettes every four weeks; that the primary caregiver is allowed to distribute up to 18 to 20 pounds of marijuana each year; that he can be a convicted felon, a drug felon, if the conviction was ten years ago and he can also have as many misdemeanor marijuana trafficking convictions without any limitation," Fowle says.

Jonathan Leavitt of the Maine Marijuana Policy Initiative says there's no doubt that the measure offers some degree of leniency. "There's some forgiveness in this. And I think given how many folks have intertwined with the criminal justice system as a result of bad drug policy, we need to make sure that there is some forgiveness and some ability for folks to move forward in ways which work for everybody."

Along those same lines, Question 5 permits medical marijuana patients to sue prospective employers and landlords who refuse to hire them or rent them an apartment. It also prevents medical marijuana patients and distributors from losing visitation with their kids in child custody cases.

Fowle says the bill just goes too far. But Jonathan Leavitt says it reflects a changing attitude the public has toward the use of pot as medicine.

The memo to the U.S. attorneys from Eric Holder says, in the end, they should review marijuana cases for prosecution on their individual merits.