When Attorney General Jeff Sessions issued a memo on marijuana to federal prosectors Thursday, reiterating their leeway to
prosecute federal marijuana laws as they see fit, regardless of whether the plant is legal under state and local law, he likely spurred future infringements on liberty, struck a blow against federalism, and defied public opinion.
Not exact matches
Meanwhile,
marijuana remains illegal on the
federal level, and Attorney General Jeff Sessions has recently taken steps that would allow
federal prosecutors in states where weed is legal to decide whether to
prosecute people over
marijuana sales in a development that could threaten the burgeoning industry (or, at the very least, spur litigation from some of the states in question looking to keep the
federal government from interfering with statewide legislation).
In a recent court case, the 9th Circuit Court of Appeals ruled that the Department of Justice is prohibited from using
federal funds to
prosecute businesses who operate within state laws regarding medical
marijuana.
Even so, much remains open to interpretation, but Sessions made it clear that he is not ruling out
prosecuting people who violate
federal law, even if they are in compliance with their state's laws in regard to medical
marijuana.
Moen noted Sessions» action doesn't change
federal law, which includes a congressional provision barring authorities from spending
federal money to
prosecute medical
marijuana operations that abide by state laws.
The «Cole memo» advised
federal attorneys that they should largely defer to state and local authorities when it came to
prosecuting marijuana - related activities.
You see, each and every year, Congress has to reapprove the Rohrabacher - Blumenauer Amendment (previously known as Rohrabacher - Farr), which is the amendment that disallows the Justice Department from using
federal dollars to
prosecute marijuana companies operating in states that have chosen to legalize in some capacity.
Schumer's bill would continue to allow the
federal government to
prosecute trafficking of
marijuana to states where it remained illegal.
Even though they are not involved in any type of
marijuana growing, the laws currently in place (specifically
federal laws) do not distinguish between industrial hemp and
marijuana and thus they could easily become victims should the DEA decide to
prosecute.
A criminal case related to
Marijuana in Minnesota could potentially be
prosecuted in either state of
federal court (or both), depending upon the facts claimed by police, and upon the exercise of prosecutorial discretion.
There is also a
federal appropriations bill which prohibits expenditure of
federal funds to
prosecute marijuana crimes which are legal under state law, although these bills only last a year at a time.
These businesses and the individuals involved in these establishments are well aware that
marijuana remains illegal under
federal law and the US attorneys, despite the Cole Memo and other memos, of course always had the discretion to go after and
prosecute egregious violators of the
federal law.