Federal Enforcement/ California Marijuana

January 27, 2018

California Leaders Pushing Back on Washington, D.C. in Battle Over Marijuana Businesses

In 2013, Deputy Attorney General James Cole issued what was known as The Cole Memo, a directive during the Obama administration that told marijuana business lawyers federal officials to back off of prosecuting those selling, distributing, growing, or using marijuana, so long as the offenders were following state laws. The memo was issued to reconcile the federal Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic, with the wave of state laws that allow cannabis sales and use, either medically or recreationally. The move gave hope to the growing number of Americans in favor of full cannabis legalization nationwide.

However, the U.S. recently took a big step backward when current Attorney General Jeff Sessions rescinded the directive, re-opening the door for federal prosecutors to allocate resources at their discretion for cracking down on marijuana operations.

Leaders in states that have legalized marijuana have no intention of going down without a fight, though. With many more making moves to legalize cannabis in state legislatures or on ballots this year, they might have even more allies by their side. Continue reading

January 25, 2018

Sessions Rolls Back Directive Protecting State Marijuana Laws

By Cannabis Law Group

It’s no news that U.S. Attorney General Jeff Sessions has strong feelings about the cannabis industry. Since his Marijuana Lawyers appointment almost a year ago, he has promised to uphold federal cannabis law, which classifies marijuana as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. This path is in stark contrast with the narrative in the rest of the country: 30 states as well as Washington, D.C., have some form of marijuana legalization on the books. Eight of those states (including California) and the District of Columbia allow recreational marijuana sales and use, with more planning ballot initiatives and legislative votes in 2018.

Up until now, those states have been able to manage their marijuana laws as they saw fit without meddling from the federal government thanks to a directive put in place at the Department of Justice during Barack Obama’s presidency that discouraged enforcement.

However, Sessions recently rescinded that directive, opening the door for prosecutors to go after states that have established legal cannabis. Continue reading

April 18, 2017

Anti-Cannabis Campaign Faces Violations

By Cannabis Law Group

There is no question that more of the American public supports medical marijuana and the legalization of cannabis for recreational use than at any other point in our nation’s history. Currently, more than half of all U.S. states and the District of Columbia have legalized marijuana for either medical use, recreational use, or both.

brief case However, despite the growing wave of support behind the legalization movement, there are some who oppose medical cannabis or recreational use of cannabis. Some of these opponents have formed their own political action groups to work to challenge state bills and direct voter action campaigns. According to a recent news article from the Los Angeles Times, one of these groups may be facing trouble related to alleged campaign finance violations. Continue reading

December 2, 2016

Legal Marijuana vs. 2nd Amendment – Gun Buyers Face Legal Conflict

By Cannabis Law Group

While a number of new states recently voted to expand marijuana rights, many did not realize that this could directly conflict with their Second Amendment right to purchase a firearm. gun

That’s because federal law – specifically 18 U.S.C. § 922(g)(3), which is part of the Gun Control Act – criminalizes the possession or receipt of a firearm by an unlawful drug user or person addicted to a controlled substance. Of course, many states have now legalized the drug, but it still remains outlawed by federal statute. Those purchasing a new firearm are asked to fill out federal background check forms that specifically ask whether the purchaser uses marijuana for recreational or medicinal purposes. If they do, they are not allowed to purchase the gun.

This conflict was recently questioned by Alaska Sen. Lisa Murkowski, a Republican who says she didn’t vote in favor of marijuana, but now she is worried about its impact on the Second Amendment rights of citizens. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled in Wilson v. Lynch that the Second Amendment rights of a Nevada woman were not infringed by the federal government’s ban on sales of guns to medical marijuana card holders. The ruling is applicable to nine other states, including California. Continue reading

August 11, 2016

Teen Faces Federal Drug Charges for 1 Gram of Marijuana

By Cannabis Law Group

The first federal marijuana possession case prosecuted in Oregon in five years involves a teenager who is facing up to one year in prison for having just a single gram of the plant. handcuffs2

According to The Washington Post, the 19-year-old recent high school graduate is preparing for college this fall. But at the same time, he’s facing down a possible federal prison sentence that could derail his future.

Bear in mind: This is the state where the drug has been legal for adult recreational use since 2014. But state law has never reconciled with federal law, which still classifies it as a Schedule I narcotic, which means it’s on par with heroin. Back in 2013, the U.S. Justice Department issued a memorandum that announced a hands-off policy with regard to state-level cannabis laws. However, that memo included a provision that directed prosecutors to continue taking on cases that involve distributing marijuana to minors. And that’s where this case picks up. Continue reading

May 19, 2016

Report: Ravens Football Player Lobbies NFL to Allow Medical Marijuana

By Cannabis Law Group

There is no question that playing professional football results in a lot of injuries. It has gotten to the point where you cannot watch a single game without seeing at least one, and often multiple, players being carted off the field on a golf cart and taken for an X-ray or MRI. In addition to all the joint and bone injuries, there are the head injuries, including those resulting in concussion, which have gotten a lot of press lately.

cannabisflower1 It is well-known that when a player tests positive for marijuana, they will face a suspension of usually one or two games. If they test positive a second time, it can lead to a suspension of eight or more games. Basically, these players can miss a half season or more for using marijuana, even in the off season. Continue reading

May 10, 2016

No. 1 Marijuana Dispensary No Longer a Federal Target

By Cannabis Law Group

The California marijuana industry just scored a stunning victory as federal prosecutors announced an end to a years-long fight to shutter and seize the assets of Harborside Health Center in Oakland. With some 100,000 patients, the center is the biggest marijuana dispensary in the nation. marijuana2

Now, federal prosecutors say they are giving up.

The center had been the subject of scorn by former U.S. Attorney Melinda Haag since 2012. The effort to shut down the dispensary was part of a bigger mission to close down the entire medical marijuana industry in California. This decision has shown that effort now to have been unsuccessful. Continue reading

May 6, 2016

Pending Marijuana Ruling Could Limit Federal Prosecutions

By Cannabis Law Group

A man awaiting sentencing following a federal marijuana cultivation conviction is arguing on appeal that a Congressional action should have halted his prosecution long before he was convicted. handcuffs6

The U.S. Court of Appeals for the 9th Circuit is expected to rule on the case soon, and the outcome could have a significant impact on the future of federal marijuana prosecutions of medical marijuana dispensaries and users in the eight Western states that allow them. It also would overturn or stop half a dozen federal marijuana convictions/ prosecutions in both California and Washington.

Last year, a jury in a Washington state federal court convicted Rolland Gregg, his former wife and his mother for growing about 70 marijuana plants on their property in Washington. The family has insisted in the three years since their arrest that they were doing nothing wrong because that all the marijuana they grew was for the purpose of their own private medicinal use. They insist their actions 100 percent complied with state law. The problem, in the eyes of the government, is that marijuana cultivation is not legal under federal law. So according to prosecutors, it didn’t matter that the actions of Gregg and the others met state law standards. Continue reading

January 13, 2016

Prosecutors Don’t Always Disclose The Full Consequences of Plea Bargains

By Cannabis Law Group

Those who face arrest for marijuana-related crimes may be given the opportunity to negotiate a plea bargain. Plea bargaining can appear to be a better option than taking your chances in court, especially if you are facing federal charges as most drug defendants face in California since the state has decriminalized most types of cannabis offenses. Before you enter into a plea deal, however, it is imperative that you make the most informed choices and fully understand the long-term consequences of the decision you are making.
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January 12, 2016

How the Federal Sentencing Guidelines Resulted in Harsher Penalties for Drug Defendants

By Cannabis Law Group

California has allowed medicinal marijuana use for two decades and is moving towards allowing recreational use of cannabis if a 2016 ballot initiative passes. This does not, however, mean those who grow or sell cannabis in California are immune from the threat of prosecution. The federal government still interferes with legal marijuana businesses in the state, even as Congress has passed restrictions preventing the Department of Justice from using any of its funds to interfere with marijuana businesses which are legal within the state.

For those who face any federal charges for drug-related offenses, the consequences can be very serious. Many non-violent drug defendants have been sentenced to harsh criminal penalties, and will continue to be sentenced to lengthy prison terms if they are convicted of federal offenses. A big part of the reason why drug defendants on the federal level face such harsh penalties is because the Federal Sentencing Guidelines focus strongly on imprisonment. A recent article published on Social Science Research Network and prepared by officials from U.S. District Courts explores how the federal sentencing guidelines have contributed to mass incarceration, and to harsh penalties for drug defendants.
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