Monday's Medical Marijuana Memo

Via WSJ Law Blog, on Monday Deputy Attorney General David Ogden released a memo affirming the Obama administration’s policy on medical marijuana disclosed earlier this year.  The memo states that:

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.

As I discussed over the weekend, the policy still leaves large numbers of dispensaries, particularly in California, in a state of uncertainty, as they are not clearly in compliance with state laws. 

Comments

[lawyer section]

That seems to be a very vague and over worded memo of the confusing sort. Maybe legalization of marijuana could be a good thing. We need drastic help to get out of debt and the tax repercussions of the government controlling the marijuana might really help that. Also, possibly reducing the violent crime rate in CA! This should prove to be an interesting debate for the Obama administration to clear up.

Thanks for the post!

[Kim Krawiec]

Thanks for the comment. Yes, the memo clearly leaves many dispensaries in a continuing state of uncertainty. Developments worth watching going forward, no doubt.