Feds say medical marijuana dispensaries could face prosecution

Posted June 30, 2011, at 10:12 p.m.

WASHINGTON — The U.S. Justice Department says that marijuana dispensaries and licensed growers in states with medical marijuana laws could face prosecution for violating federal drug and money-laundering laws.

In a policy memo to federal prosecutors obtained Thursday by The Associated Press, U.S. Deputy Attorney General James Cole said a 2009 memo by then-Deputy Attorney General David Ogden did not give states cover from prosecution.

Since February, 10 U.S. attorney’s offices have asserted they have the authority to prosecute medical marijuana dispensaries and licensed growers in states with medical marijuana laws. Prosecutors, the states complained, are not even willing to declare that state employees who implement such laws are immune from prosecution.

In 2009, the Justice Department told prosecutors they should not focus investigative resources on patients and caregivers complying with state medical marijuana laws.

The new memo says that view has not changed.

“There has, however, been an increase in the scope of commercial cultivation, sale, distribution and use of marijuana for purported medical purposes,” says the new memo by Cole.

The deputy attorney general said within the past 12 months, several jurisdictions have considered or enacted legislation to authorize multiple large-scale, privately operated industrial marijuana cultivation centers.

“Some of these planned facilities have revenue projections of millions of dollars based on the planned cultivation of tens of thousands of cannabis plants,” Cole wrote.

Cole said that the Ogden memorandum “was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law.”

Cole added: “Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law.”

State officials say that after a two-year period in which federal prosecutors gave breathing room to state medical marijuana laws, the Justice Department is toughening up its position as more states move toward opening facilities to dispense marijuana.

On Thursday night, Justice Department spokeswoman Tracy Schmaler said that the medical marijuana statement by Cole does not represent a new policy, but rather clarifies the policy, as reflected in the recent letters by U.S. attorney’s offices to officials in a number of states.

In view of the letters sent by the prosecutors in recent months, Arizona officials have taken the U.S. government to court, seeking a ruling on whether strict compliance with the state’s medical marijuana law protects Arizona residents and state employees from federal prosecution.

Rhode Island Gov. Lincoln Chafee suspended plans to license three dispensaries after U.S Attorney Peter Neronha warned that opening such facilities could lead to prosecution.

New Jersey Gov. Chris Christie has said he wanted assurances from federal officials that they won’t pursue criminal charges against state-sanctioned medical marijuana programs before he agrees to implement a state law that allows the programs. New Jersey adopted a law to allow medical marijuana in January 2010, just before Christie took office.

Chris Goldstein, a spokesman for the Coalition for Medical Marijuana of New Jersey, said what the latest Justice Department memo means to New Jersey depends on how Christie interprets it and whether he uses it as a reason to halt the program.

“It doesn’t change the situation much other than that the governor continues to leave patients hanging out on a limb,” Goldstein said.

A spokesman for Christie declined to comment on the letter. A spokesman for the state’s attorney general also said they were reviewing the letter.

Sixteen states and the District of Columbia have legalized the medical use of marijuana, with programs in various phases of development. The states are: Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

DeFalco reported from Trenton, N.J. AP reporter Geoff Mulvilhill in Trenton contributed to this report.

 

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