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
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.
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.
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.