Current laws regarding marijuana have come under the scanner. U.S. attorneys have warned that those who are licensed to grow marijuana or even those who regulate it could be subjected to prosecution. Because of this, several states have begun to change their existing laws for medical marijuana.
Washington State Governor, Christine Gregoire recently vetoed a proposal that was going to make licensed marijuana dispensaries. Gregoire says that she is going to work with other states and try to get federal marijuana laws changed so that these types of conflicts will be resolved.
U.S. attorneys in their letters write that criminal or civil penalties would be considered for large-scale medical marijuana operations and those who regulate them, even those operations and regulators that are allowed by state law. Although no state workers have been charged by the federal government for regulating medical marijuana, lawmakers are now concerned about their current medical marijuana policies. Currently, fourteen states allow marijuana for medical usage, despite it not being federally legal.
Gregoire said she wanted to work with other governors and get medical marijuana federally reclassified as a Schedule 2 substance, which would put it in the same category as morphine and oxycodone. It is currently a Schedule 1 narcotic, and has the strictest level of enforcement in federal drug law. Gregoire, however, let stand several minor provisions, one allowing collective gardens for medical marijuana patients of up to 45 plants total but no more than 15 per person. The law previously authorized a 60-day individual patient supply of up to 24 ounces and 15 plants.
Tracy Schmaller, Justice Department spokeswoman said, “We will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal.” Ezra Eickmeyer, Washington Cannabis Association political director, said this about the recent events, “Coming in and trying to strong-arm legislatures is way over the top. We would have expected this sort of thing from the Bush administration, but not Obama.”
Although cannabis is still listed as an illegal narcotic under federal law, 15 states and the District of Columbia have statutes decriminalizing marijuana for medical reasons, according to the National Drug Policy Alliance. Colorado, New Mexico, Maine and Rhode Island among them also have enacted licensing and regulatory controls over medical marijuana suppliers. Colorado alone has 800 state-licensed dispensaries and growers, said Tamar Todd, an alliance attorney in California.
In recent months, however, the Justice Department has taken a hard line against what it considers illegal drug activities conducted under the guise of state medical marijuana laws. In March, federal agents raided marijuana greenhouses and dispensaries in 13 cities across Montana in a crackdown that federal prosecutors said was aimed at supposed medical cannabis suppliers who were engaged in large-scale drug trafficking.
Washington's two U.S. attorneys, Jenny Durkan of Seattle and Michael Ormsby of Spokane, also said in a legal opinion that new state controls on medical marijuana cultivation and distribution would not render growers, dispensary operators or even their landlords and financiers immunity from federal prosecution and civil actions. Moreover, they wrote that “state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability” from prosecution.
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