Back in 2013, AG James Cole drafted a memo advising law enforcement and prosecution to back off from harassing marijuana users. This was after Colorado and Washington went legal with adult cannabis. At that time, he effectively told them to leave adults puffing a quiet joint at home alone.
This was not a major break with tradition. In 2009, AG David Ogden directed U.S. attorneys “not to focus federal resources in your states on individuals whose actions are in clear and unambiguous compliance with existing laws providing for the medical use of marijuana.”
However, it still came as little surprise when current AG Jeff Sessions unpicked Janes Cole’s wise words on January 4, 2018. While he appears to have stopped short of calling for a crackdown, CNN cites him describing the action as a return to the rule of law. Specifically, he directed federal prosecutors as follows:
“In deciding which marijuana activities to prosecute under these laws with the department’s finite resources, prosecutors should follow the well-established principles that govern all federal prosecutions.
“These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community.”
On January 25, The Verge posted an opinion that California was not planning to attend any sessions on the subject lying down. We already have around 1,100 licensed businesses selling marijuana to persons aged over 21. The AG could tie his resources in knots for years if he wants to take them on simultaneously.
So we are back to shaking banners outside U.S. attorney’s offices, with military vets and the new generation of lawyers trumpeting their points clearly. We rather liked The Verge’s turn of phrase when it said the industry was treating Sessions’ move “like they would a speed limit sign along a deserted highway: a quick glance, a shrug, and more pressure on the accelerator.”
The question arises as to how this could turn out in practice for an industry fast becoming an integral part of the California economy. We doubt Jeff Sessions will risk a bruising encounter that could end up in the U.S. Supreme Court. We think he is more likely to nip at industry leaders’ heels and make himself a nuisance generally.
Our advice is to play the ball straight down the line with license applications and follow regular business practice upon approval. We consider it probable federal prosecutors will be alert for generic things like health and safety compliance, and taxation infringements. We are here to help if you need advice with setting up your marihuana business within the law.