But hasn't Holder given DEA instructions not to pursue or prosecute in states which have legalized it?
Would you risk your investment to the whimsy of Eric Holder?
You bring up a good point. This policy of Holder's where DEA ignores pot is just that... a policy. And unlike law, policy is, as you say, up to the whim of whomever is in charge at that moment. Holder will be leaving office at some point, at least by 2016. What happens then? What if the next AG is a "letter of the law" type of man (or woman) and they shut down everything in Colorado and any other states that follow Colorado's lead? Needless to say, this new found pot freedom we're watching unfold in Colorado is on very precarious standing considering the fact there are still laws on the books that, if the Fed government wants, can be used to shut the whole thing down.