AG Sessions Gets Rid Of Obama Administration Policy Relating To Prosecution of Federal Cannabis Laws. On Tuesday, Attorney General Jeff Sessions issued 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 problematic for a variety of reasons, and should create worry for individuals that utilize medical marijuana in Michigan, or to those who distribute it.
Criminal Law Consequences. The policy modification could lead to major challenges to the Cannabis industry, that has been gradually growing within the past decade. Until the policy revision on Tuesday, an increasing amount of States defied Federal policies and prohibitions on cannabis use for any reason, and have passed medical cannabis ordinances, as we have here in Michigan, or they have permitted recreational usage of cannabis, as Colorado and California have accomplished, as examples. Nevertheless, despite the fact that the law in Michigan allows the usage of Medical Cannabis, those persons who are presently permitted to have, transport and use marijuana legally under State law, are directly breaking federal law, and those individuals could be prosecuted in Federal Court for their narcotics offenses.
Previously, the Obama Administration had produced a policy statement that, in States that had passed cannabis use laws, the Federal Government would look the other way, unless they discovered cannabis being sold on school grounds or in violation of other public law directives. The protocol enabled the expansion of legalized use of marijuana, both medical marijuana and recreational usage of cannabis, including here in Michigan. Now, there are serious worries that the development movement in other States will quit because of a concern 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 marijuana, and that in States that have authorized 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 yields.
Impact on Michigan. The effect to Michigan, like other States, is not fully ascertainable at this point. The concern circles around the problem of whether the US Attorneys for the Eastern and Western District have an interest in reapportioning constrained resources to try medical marijuana facilities. The U.S. Attorney's Office has a restricted budget and has to prioritize when and where to devote those resources. Lately, there has been a powerful push to focus on heroin, fentanyl, and human trafficking, all of which are significant concerns, particularly 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 redirect those resources to begin strongly prosecuting cannabis related companies.
Nevertheless, there is a reason that the Medical Marijuana Facilities Licensing Application has a full-page waiver, implying that the candidate comprehends that the operation of their facility or use of their license to take part in any way in the cannabis business, is not permitted by Federal Law and that the United States Government could prosecute such a company for illegal offenses. Before the policy position revision issued by AG Sessions last Tuesday, the chances of such prosecutions were limited. Now, however, Michigan Medical Marijuana Facilities Licensing Act applicants need to be aware of the policy change, as they have a considerable quantity of resources in jeopardy in not only obtaining the license, but in running their establishment. Even if Medical Cannabis Facilities are running in complete compliance with Michigan Law, the owners, employees and financiers could all be subject to Federal prosecution.
Dispute of Laws and the 10th Amendment. Several individuals might rightfully shake their head in confusion at these problems. One view is that, Michigan voters have passed a law permitting the use of cannabis under certain strongly regulated conditions. Why should the Federal Government be able to come in and tell the State of Michigan they can't permit the use of Medical Cannabis. The other view is that the Federal Government has said the use of marijuana is prohibited and so, the States should not be able to undermine those laws. Such is the age-old debate over Federalism and States' Rights. The answer is, the States have their own system of laws that they are allowed to execute, independent and apart from those passed and executed by the Federal Government. The dualist system of laws is an outgrowth of the 10th Amendment's provisions, authorizing the States to have their own set of laws, an outcome of what is commonly called the "States' Rights" movement. However, where Federal Law and State Law are in explicit disagreement, Federal Law may be executed, 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 potential criminal liability you may undergo in Federal Court should you open and operate any of the facilities authorized under the MMFLA.
No comments:
Post a Comment