State Marijuana Laws Found in Compliance With Federal Guidelines
A report from the marijuana advocates Americans for Safe Access (ASA) reveals that the Obama Administration’s latest guidelines for enforcement are already being followed by many states.
The marijuana lawyers in L.A. are devoted to raising awareness about the policies espoused by the federal government when it comes to marijuana legislation.
Marijuana advocates at ASA issued a report that carefully examines the latest enforcement instructions for federal prosecutors from the Obama Administration. The results may be surprising to some.
The primary take away from the ASA’s report is that states have successfully enacted regulations meeting the concerns of the federal government.
In fact, some states might even have stronger/stricter regulations if it weren’t for the federal government’s constant disruptions in the legislative process and threats.
The report details laws and enforcement measures taken by each state and divides them into three distinct categories including:
• States with existing distribution programs • States with recently created distribution programs • States with pending legislative proposals
The Americans for Safe Access report does not endorse the memo released by the Department of Justice in August – stating that non-binding memorandums are not the solution to creating effective Justice Department guidelines.
The ASA has estimated the cost of federal interference with state medicinal marijuana regulation at over $300 million.
Marijuana advocates hope that federal policy will convince the Obama Administration that it should abide by its own promises and put a stop to wasting taxpayer money in inconsistent efforts to undermine state laws.
The Americans for Safe Access report recommends that while federal law is in the process of catching up to state law the enforcement of marijuana laws should be left to the states.
The ASA continues to hope that changes in federal law and posture will act as stepping stones for more sweeping changes.
The ASA report recommends that state legislators utilize the Cole memo released in 2013 as a guide for how to develop proper marijuana regulations with regard to distribution and production. The goal of the state regulations should be to facilitate safe controls while maintaining open access for patients.
The closing of the report urges the United States Congress to make long-term as well as short-term policy changes that will ensure state laws receive adequate respect. The concern is that federal enforcers will continue to ignore the protections for providers and their patients when it comes to marijuana enforcement.
The ASA also recommends that Congress adopt HR 689, which would make medicinal marijuana legal on a federal level.
Finally, the Americans for Safe Access suggest that legislators at the federal level restrict how Department of Justice funds are spent when it comes to medicinal marijuana enforcement until the Justice Department can determine how to accurately determine compliance with their own enforcement priorities.
The Colorado CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.
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TSA Inconsistent Policies for Passengers with Marijuana, November 26, 2013, Los Angeles Marijuana Lawyer Blog