The Justice Department said it wo n't challenge state laws that legalize marijuana and will focus federal enforcement on serious trafficking cases and keeping the drug away from children . Attorney General Eric Holder , in a conference call Thursday morning , notified the governors of Colorado and Washington that the department , for now , will not seek to pre-empt those states ' laws , which followed voters ' approval of ballot measures that legalized recreational marijuana use . Marijuana will remain illegal under the federal Controlled Substances Act . But a department memo to federal prosecutors tightened federal marijuana prosecution standards . Opinion : How to regulate pot when it 's legal . Under the new guidelines , federal prosecutors are required to focus on eight enforcement priorities , including preventing marijuana distribution to minors , preventing drugged driving , stopping drug trafficking by gangs and cartels and forbidding the cultivation of marijuana on public lands . The guidelines , issued by Deputy Attorney General James Cole , have been months in the making and took on some urgency after citizens in Colorado and Washington approved the ballot measures last fall . Nineteen states and the District of Columbia allow some legal use of marijuana , primarily for medicinal purposes . The attorney general told the Washington and Colorado governors that the Justice Department will work with the states to craft regulations that fall in line with the federal priorities , and reserves the right to try to block the laws if federal authorities find repeated violations . Are American opinions on marijuana changing ? The memo to prosecutors also seeks to address one common complaint from medicinal marijuana dispensaries in some states , which have been subject to raids by federal agents because they were deemed too big or profitable . The size and profitability of marijuana businesses will still be a factor prosecutors can consider , but there also must be additional illegal activities for prosecutors to take action . The new guidelines do n't change federal money laundering rules , meaning that some large banks may still be leery of doing business with marijuana producers and sellers . However , Justice Department officials said there is some leeway for banks to provide services to such businesses , so long as they do n't violate the eight priorities being assigned to federal prosecutors . `` We received good news this morning when Attorney General Eric Holder told the governor the federal government would not pre-empt Washington and Colorado as the states implement a highly regulated legalized market for marijuana , '' Washington Gov . Jay Inslee and Attorney General Bob Ferguson said in a statement . `` We want to thank the attorney general for working with the states on this and for finding a way that allows our initiative to move forward while maintaining a commitment to fighting illegal drugs . This reflects a balanced approach by the federal government that respects the states ' interests in implementing these laws and recognizes the federal government 's role in fighting illegal drugs and criminal activity , '' they said .
Washington state officials cheer the `` good news '' Holder wo n't try to block pot legalization laws in Washington , Colorado . The Justice Department said it would not challenge a ruling by U.S. District Judge James Robart that blocked key parts of President Barack Obama's health care law. Federal laws still make possession , production and sale of marijuana illegal .