AG Sessions Gets Rid Of Obama Administration Policy Regarding Prosecution of Federal Marijuana Regulations. On Tuesday, Attorney General Jeff Sessions issued a policy that directs local U.S. Attorneys to prosecute federal criminal offenses for cannabis law offenses, even in States where recreational and medicinal marijuana usage has been approved by the voters. The new policy directive is problematic for a number of factors, and ought to create concern for people who use medical cannabis in Michigan, or to individuals who distribute it.
Criminal Law Consequences. The policy revision could pose serious difficulties to the Cannabis industry, which has been steadily expanding within the past 10 years. Up until the policy modification on Tuesday, an increasing amount of States opposed Federal regulations and prohibitions on cannabis use for any reason, and have passed medical marijuana regulations, as we have here in Michigan, or they have permitted recreational usage of cannabis, as Colorado and California have accomplished, as examples. Nevertheless, even though the legislation in Michigan allows the usage of Medical Cannabis, those persons who are presently allowed to have, transport and usage marijuana legally under State law, are specifically violating federal law, and those persons could be prosecuted in Federal Court for their narcotics infractions.
Previously, the Obama Administration had produced a policy statement that, in States that had passed marijuana use laws, the Federal Government would look the other way, unless they uncovered marijuana being sold on school properties or in violation of other public law regulations. The regulation permitted the development of legalized use cannabis, both medical cannabis and recreational usage of cannabis, including here in Michigan. Now, there are severe worries that the development movement in other States will quit as a result 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 permitted recreational usage, corporate documents denoting businesses that are participated in the cannabis 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 impact to Michigan, like other States, is not fully ascertainable at this moment. The question circles around the issue of whether the US Attorneys for the Eastern and Western District are interested in reallocating constrained resources to try 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 powerful drive to focus on heroin, fentanyl, and human trafficking, all of which are primary issues, especially 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 refocus those resources to begin aggressively prosecuting marijuana associated facilities.
However, there is a reason that the Medical Cannabis Facilities Licensing Application has a full-page waiver, indicating that the candidate recognizes that the operation of their facility or use of their license to take part in any way in the cannabis business, is not authorized by Federal Law and that the United States Government could prosecute such an organization for criminal violations. Before the policy position revision provided by AG Sessions last Tuesday, the chances of such prosecutions were limited. Now, nevertheless, Michigan Medical Marijuana Facilities Licensing Act applicants need to be aware of the policy change, as they have a significant quantity of capital at risk in not only acquiring the license, but in operating their establishment. Despite The Fact That Medical Marijuana Facilities are operating in total compliance with Michigan Law, the operators, employees and financiers could all be subject to Federal prosecution.
Dispute of Laws and the 10th Amendment. Many people may rightfully shake their head in confusion at these issues. One perspective is that, Michigan voters have passed a law permitting the use of marijuana under certain strongly controlled conditions. Why should the Federal Government have the ability to come in and tell the State of Michigan they can't authorize the use of Medical Cannabis. The other perspective is that the Federal Government has said the usage of cannabis is illegal and so, the States shouldn't have the ability to undermine those regulations. Such is the age-old argument over Federalism and States' Rights. The solution 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, allowing 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 direct conflict, Federal Law may be enforced, even if some States have contrasting laws, because of this dual system. Therefore, anyone applying for a facilities license under the Medical Cannabis Facilities Licensing Act, needs to not only take the waiver seriously, but needs to speak to an attorney who can discuss with you the potential criminal liability you may undergo in Federal Court should you establish and operate any of the facilities authorized under the MMFLA.
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