States Reassess Marijuana Laws After Fed Warnings
Several states have started reassessing their medical marijuana laws after stern warnings from the federal government that everyone from licensed growers to regulators could be subjected to prosecution.
The ominous-sounding letters from U.S. attorneys in recent weeks have directly injected the federal government back into a debate that has for years been progressing at the state level.
In a reversal of policy, the Federal Government is sending a clear message to the states that Big Brother is in charge of the marijuana laws.
The Department of Justice said two years ago that it would be an inefficient use of funds to target people who are in clear compliance with state law. But U.S. attorneys have said in their recent memos that they would consider civil or criminal penalties for those who run large-scale operations — even if they are acceptable under state law.
The result of this policy change is that people who are sick and suffering may not have access to drugs that could help alleviate the pain. This past Thursday, raids in Washington, along with a sternly worded letter from the Department of Justice pushed the governor to veto a medical marijuana bill.
In a letter to Gregoire, Washington state's two U.S. attorneys warned that even state employees could be subject to prosecution for their role in marijuana regulation.
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No state workers have been charged federally for regulating medical marijuana laws, and legal experts say such a move would be extraordinary — if not unprecedented in recent history. Gregoire said she didn't want to take the chance, arguing that it would be irresponsible for her to leave her workers vulnerable.
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Federal authorities recently conducted a series of raids at grow operations in Montana, helping push lawmakers to put stricter limits on the industry. Federal raids also targeted at least two dispensaries in Spokane on Thursday, a day before Gregoire decided to veto the proposed law.
That's right. The DOJ is threatening to prosecute state employees for following state laws. The courts seem like a better place to challenge state medical marijuana laws. Instead, the DOJ is going after the state employees. It's kind of pathetic if you ask me.
The federal comments have angered supporters of medical marijuana, who had believed that the Obama administration was honoring state laws. Ezra Eickmeyer, political director for the Washington Cannabis Association, said it appears prosecutors are operating under a more aggressive policy.
"Coming in and trying to strong-arm legislatures is way over the top," Eickmeyer said. "We would have expected this sort of thing form the Bush administration, but not Obama."