AG Sessions Removes Obama Administration Policy Relating To Prosecution of Federal Marijuana Regulations. On Tuesday, Attorney General Jeff Sessions issued a policy which directs local U.S. Attorneys to prosecute federal criminal offenses for cannabis law violations, even in States where recreational and medicinal cannabis usage has been approved by the voters. The new policy directive is problematic for a number of factors, and ought to cause worry for people that utilize medical cannabis in Michigan, or to individuals who dispense it.
Criminal Law Consequences. The policy modification might present severe challenges to the Marijuana industry, that has been gradually progressing within the past decade. Up until the policy revision on Tuesday, an increasing amount of States resisted Federal regulations and prohibitions on marijuana usage for any reason, and have passed medical cannabis ordinances, as we have here in Michigan, or they have granted recreational usage of cannabis, as Colorado and California have accomplished, as examples. Nevertheless, despite the fact that the legislation in Michigan allows the usage of Medical Cannabis, those persons who are presently permitted to have, transport and usage cannabis lawfully under State law, are specifically disobeying federal law, and those persons could be prosecuted in Federal Court for their narcotics violations.
Previously, the Obama Administration had produced a policy statement that, in States that had passed marijuana usage laws, the Federal Government would disregard, except if they found marijuana being sold on school grounds or in violation of other public law directives. The protocol permitted the growth of permitted use cannabis, both medical cannabis and recreational use of marijuana, including here in Michigan. Now, there are major concerns that the expansion movement in other States will stop as a result of a worry that there may be a Federal crackdown on the cannabis industry. Given that there are central registries in States that have medical marijuana, and that in States that have approved recreational usage, corporate documents denoting businesses that are participated in the marijuana industry, there are, rightfully many people who are afraid of arrest and, worst of all, Federal forfeiture of money and their plants.
Impact on Michigan. The impact to Michigan, like other States, is not entirely ascertainable at this point. The concern circles around the concern of whether the US Attorneys for the Eastern and Western District are interested in reapportioning constrained resources to try medical cannabis facilities. The U.S. Attorney's Office has a limited budget and has to prioritize when and where to invest those resources. Lately, there has been a strong drive to focus on heroin, fentanyl, and human trafficking, all of which are major problems, specifically in the Eastern District which covers Wayne, Oakland and Macomb counties, as well as others.
Those facts propose that it is not likely that the US Attorney will refocus those resources to begin aggressively prosecuting cannabis associated companies.
Nevertheless, there is a reason that the Medical Marijuana Facilities Licensing Application has a full-page waiver, suggesting that the candidate understands that the operation of their facility or use of their license to take part in any way in the cannabis industry, is not permitted by Federal Law and that the United States Government could prosecute such an entity for criminal offenses. Prior to the policy position change provided by AG Sessions last Tuesday, the chances of such prosecutions were limited. Now, nevertheless, Michigan Medical Cannabis Facilities Licensing Act applicants need to be familiar with the policy change, as they have a considerable quantity of resources in jeopardy in not only obtaining the license, but in operating their establishment. Despite The Fact That Medical Marijuana Facilities are running in total compliance with Michigan Law, the operators, workers and investors could all be subject to Federal prosecution.
Conflict of Laws and the 10th Amendment. Several people may rightfully shake their head in confusion at these problems. One perspective is that, Michigan voters have passed a law allowing the use of cannabis under specific strongly controlled conditions. Why should the Federal Government be able to come in and tell the State of Michigan they can not authorize the usage of Medical Marijuana. The other perspective is that the Federal Government has said the use of marijuana is illegal and so, the States should not have the ability to undermine those regulations. Such is the age-old argument over Federalism and States' Rights. The answer is, the States have their own system of laws that they are authorized to execute, separate and apart from those passed and enforced by the Federal Government. The dualist system of laws is an outgrowth of the 10th Amendment's provisions, enabling the States to have their own set of laws, an outcome of what is commonly called the "States' Rights" movement. Nevertheless, where Federal Law and State Law are in direct dispute, Federal Law may be executed, even if some States have contrasting laws, because of this dual system. Therefore, anyone applying for a facilities license under the Medical Marijuana Facilities Licensing Act, needs to not only take the waiver seriously, but needs to contact a lawyer who can discuss with you the possible criminal liability you may be subject to in Federal Court should you open and run any of the facilities permitted under the mmfla.
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