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Both the Cole memo and DACA are instances of positive prosecutorial discretion, not legislative changes. They are executive orders, not laws. Both are little more than official policies not to prosecute by prioritizing other crimes and directing resources to more important matters. Insofar as DACA is concerned, resources are shifted from finding, prosecuting, holding or deporting “Dreamers” (who were brought here as children generally through no choice of their own) to other groups of illegal immigrants who presumably did have a choice, given their age at time of immigration. Cole memo is a similar story, resources are shifted from overall prohibition efforts to several things that are the direct consequence of prohibition (availability to minors, profits of drug sales going to cartels, violence used in the process of distribution in a black market and other downsides of the drug war), and a couple of issues in need of less regulation than what exists for alcohol, such as driving or use on federal property. The Rohrabacher–Farr amendment stipulated, similar to the Cole memo, that resources were to be shifted from prosecuting beneficiaries of state medicinal marijuana laws (from those with illness or pain, to the healthcare industry serving them) when those laws conflict with federal prohibition to other states and recreational users or suppliers. What Weed and DACA Need Now is Law, Not Orders

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