DEA Won’t Rule Out Arresting People Who Are Following State Marijuana Laws, But Says It’s “Not Our Intent”

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Agents with the Drug Enforcement Administration (DEA) have not ruled out making arrests for marijuana use in states like Ohio, despite the state recently legalizing marijuana.

Brian McNeal, a DEA spokesman, told WOSU (an NPR affiliate) that the agency’s primary concern is those involved in the manufacturing and distribution of illicit substances. “So are we necessarily after the kid with an ounce of weed… we want to provide information and remind that it still remains a federally illegal substance, and you can be arrested and prosecuted,” McNeal said.

However, McNeal acknowledged that the DEA “typically” leaves these types of arrests to local law enforcement. “Can a student be arrested by a federal agent? Whether it’s FBI, DEA, HSI? Yes, but that is not our intent or our goal,” he noted.

Marijuana remains classified as a Schedule I drug, alongside LSD and heroin, under federal law, although the agency is in the process of rescheduling marijuana to Schedule III. However, a move to Schedule III would still keep marijuana illegal recreationally.

The DEA’s Detroit office has initiated a new effort targeting college campuses and surrounding communities in Ohio and Michigan. The DEA says the initiative is not focused on enforcement but on providing education and resources about the dangers of drug abuse, including the rise of synthetic drugs and the risks associated with counterfeit prescription pills.

The DEA is offering these resources at the top 10 colleges by population in Ohio and Michigan, aiming to move away from scare tactics and instead provide valuable information on drug use and its risks.

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