AG Sessions Gets Rid Of Obama Administration Policy Relating To Prosecution of Federal Cannabis Regulations. On Tuesday, Attorney General Jeff Sessions released a policy that guides local U.S. Attorneys to prosecute federal criminal offenses for marijuana law violations, even in States where recreational and medicinal cannabis usage has been authorized by the voters. The new policy directive is troublesome for a number of reasons, and should cause worry for individuals who use medical cannabis in Michigan, or to individuals who dispense it.
Criminal Law Consequences. The policy change might pose major difficulties to the Marijuana industry, that has been gradually expanding within the past decade. Until the policy revision on Tuesday, a growing amount of States defied Federal policies and prohibitions on marijuana use for any reason, and have passed medical cannabis statutes, as we have here in Michigan, or they have permitted recreational usage of marijuana, as Colorado and California have accomplished, as examples. However, despite the fact that the legislation in Michigan allows the use of Medical Marijuana, those persons who are currently permitted to possess, move and usage cannabis lawfully under State law, are directly disobeying federal law, and those persons could be prosecuted in Federal Court for their narcotics infractions.
Previously, the Obama Administration had put out a policy statement that, in States that had passed cannabis usage laws, the Federal Government would disregard, except if they uncovered cannabis being sold on school grounds or in violation of other public policy ordinances. The policy allowed for the expansion of permitted usage of cannabis, both medical cannabis and recreational use marijuana, including here in Michigan. Now, there are severe worries that the development movement in other States will quit as a result of a worry that there may be a Federal crackdown on the cannabis industry. Dued to the fact that there are central registries in States that have medical cannabis, and that in States that have permitted recreational use, corporate documents denoting businesses that are participated in the cannabis industry, there are, rightfully many people who are scared of arrest and, worst of all, Federal forfeiture of money and their products.
Impact on Michigan. The effect to Michigan, like other States, is not fully ascertainable at this point. The question circles around the problem of whether the US Attorneys for the Eastern and Western District are interested in reapportioning limited resources to prosecute medical cannabis facilities. The U.S. Attorney's Office has a restricted budget and has to prioritize when and where to spend those resources. Lately, there has been a strong drive to focus on heroin, fentanyl, and human trafficking, all of which are major problems, especially in the Eastern District which covers Wayne, Oakland and Macomb counties, as well as others.
Those facts indicate that it is unlikely that the US Attorney will redirect those resources to start strongly prosecuting marijuana associated companies.
However, there is a reason that the Medical Cannabis Facilities Licensing Application has a full-page waiver, suggesting that the applicant understands that the operation of their facility or usage of their license to take part in any way in the marijuana industry, is not authorized by Federal Law and that the United States Government could prosecute such an organization for illegal violations. Prior to the policy position change provided by AG Sessions last Tuesday, the odds of such prosecutions were limited. Now, nevertheless, Michigan Medical Cannabis Facilities Licensing Act applicants need to be aware of the policy change, as they have a substantial amount of funding in jeopardy in not only obtaining the license, but in running their business. Despite The Fact That Medical Cannabis Facilities are running in total compliance with Michigan Law, the operators, workers and investors could all be subject to Federal prosecution.
Dispute of Laws and the 10th Amendment. Many people might rightfully shake their head in confusion at these problems. One perspective is that, Michigan voters have passed a law okaying the usage of cannabis under certain highly regulated circumstances. Why should the Federal Government have the ability to come in and tell the State of Michigan they can not permit the use of Medical Marijuana. The other view is that the Federal Government has said the usage of cannabis is unlawful and so, the States should not have the ability to undermine those laws. Such is the age-old dispute over Federalism and States' Rights. The answer is, the States have their own system of regulations that they are permitted to execute, separate and apart from those passed and implemented by the Federal Government. The dualist system of laws is an outgrowth of the 10th Amendment's provisions, permitting the States to have their own set of laws, a result of what is commonly called the "States' Rights" movement. Nevertheless, where Federal Law and State Law are in explicit disagreement, Federal Law may be implemented, even if some States have conflicting 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 speak to a lawyer who can go over with you the possible criminal liability you may be subject to in Federal Court should you open and operate any of the facilities authorized under the MMFLA.
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