Medical Marijuana Growers & Dispensary owners could be in trouble if Jeff Session's rolls back the law.

January 4, 2018

 

 

 

The Obama-era guidance allows states to legalize marijuana without federal interference and still remains in effect during the new term, but Attorney Jeff Sessions want's to end that. Right now people who use marijuana for medical purposes and those who distribute it to them should not face federal prosecution, provided they act according to state law but rolling back The Obama-era guidance will allow the federal government to prosecute dispensary or marijuana growers as they please and will no longer be left up to the State to decide. Since the ending of Obama's term Attorney General Jeff Sessions has been against the legalization of Medical Marijuana saying, “Marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels,” and pursuing the makers and sellers of illegal drugs, including marijuana, will remain a “core priority.”

In a memorandum to federal prosecutors in the states which are legalized says, "individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core enforcement priorities.

 

The issue is being pushed after multiple people , who owned dispensary's or growing medical marijuana, were busted moving it across state lines, which is against federal distribution laws and not protected by the state. One Dispensary owner was caught moving 90 Pounds across state lines, another one moving 80 Pounds and just recently multiple dispensaries were caught selling over the legal limit. Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest which include: unlawful possession or unlawful use of firearms;  violence, sales to minors,financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law, amounts of marijuana inconsistent with purported compliance with state or local law,illegal possession or sale of other controlled substances; or ties to other criminal enterprises including distribution beyond state lines. 

 

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