AG Sessions Eliminates Obama Administration Regulation Relating To Prosecution of Federal Marijuana Regulations. On Tuesday, Attorney General Jeff Sessions released a policy that directs local U.S. Attorneys to prosecute federal criminal offenses for cannabis law violations, even in States where recreational and medicinal marijuana usage has been approved by the voters. The new policy directive is troublesome for a variety of reasons, and ought to create worry for individuals who use medical marijuana in Michigan, or to those who distribute it.
Criminal Law Consequences. The policy revision could pose serious difficulties to the Marijuana industry, which has been progressively growing within the past 10 years. Until the policy revision on Tuesday, an increasing number of States resisted Federal guidelines and prohibitions on marijuana use for any reason, and have passed medical cannabis ordinances, as we have here in Michigan, or they have granted recreational use of marijuana, as Colorado and California have accomplished, as examples. Nevertheless, despite the fact that the law in Michigan permits the usage of Medical Marijuana, those individuals who are presently permitted to have, move and use marijuana lawfully under State law, are directly disobeying 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 usage laws, the Federal Government would disregard, unless they uncovered marijuana being sold on school grounds or in violation of other public policy directives. The policy permitted the growth of permitted use cannabis, both medical marijuana and recreational usage of marijuana, including here in Michigan. Now, there are major fears that the development movement in other States will quit because 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 usage, corporate documents denoting businesses that are engaged in the cannabis industry, there are, rightfully many individuals who are scared of arrest and, worst of all, Federal forfeiture of money and their plants.
Impact on Michigan. The effect to Michigan, like other States, is not completely ascertainable at this moment. The concern circles around the problem of whether the US Attorneys for the Eastern and Western District are interested in reallocating constrained resources to prosecute medical cannabis establishments. The U.S. Attorney's Office has a restricted budget and has to prioritize when and where to spend those resources. Recently, there has been a strong push to target heroin, fentanyl, and human trafficking, all of which are primary issues, particularly 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 begin strongly prosecuting cannabis associated facilities.
However, there is a reason that the Medical Cannabis Facilities Licensing Application has a full-page disclaimer, indicating that the candidate understands that the operation of their facility or usage of their license to participate in any way in the cannabis industry, is not authorized by Federal Law and that the United States Government could prosecute such an entity for illegal violations. Prior to the policy position revision issued by AG Sessions last Tuesday, the chances of such prosecutions were limited. Now, nevertheless, Michigan Medical Cannabis Facilities Licensing Act candidates need to be aware of the policy change, as they have a substantial quantity of funding at risk in not only getting the license, but in handling their establishment. Despite The Fact That Medical Marijuana Facilities are functioning in total compliance with Michigan Law, the owners, workers 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 problems. One perspective is that, Michigan voters have passed a law permitting the use of cannabis under specific strongly controlled conditions. Why should the Federal Government be able to come in and tell the State of Michigan they can not permit the use of Medical Cannabis. The other view is that the Federal Government has said the use of cannabis is illegal and so, the States shouldn't have the ability to undermine those laws. Such is the age-old dispute over Federalism and States' Rights. The solution is, the States have their own system of regulations that they are allowed to implement, separate 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 typically called the "States' Rights" movement. However, where Federal Law and State Law are in direct conflict, 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 Cannabis Facilities Licensing Act, needs to not only take the waiver seriously, but needs to speak to a lawyer who can discuss with you the potential criminal liability you may be subject to in Federal Court should you establish and run any of the facilities allowed under the MMFLA.
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