Despite the fact that under federal law marijuana is still illegal, dispensaries and farms have sprung up in 15 states in response to the passing of the medical marijuana laws. Thus far, the federal government has looked the other way, but apparently, those days are over.
While states continue to protect and expand the use of medical marijuana, federal prosecutors have begun to push back.
West Coast Wellness is one of the many dispensaries that have opened in Washington. There is a real concern that after a large amount of time and money that has been invested in this and other dispensaries may all be for not. This store opened poised on the broadening Washington law that originally was passed in 1998. An expansion of that legislature passed last month, yet it did not garner the support that was originally expected. Governor Gregoire, who had originally expressed support, vetoed most of the bill, stating real concerns about federal opposition. Gregoire’s shift has caused some to speculate that her shift and veto at the last minute was a political move for a position in the Obama Administration.
Gregoire’s request for federal guidance in this matter was met with a push back. United States attorneys Mike Ormsby and Jenny Durkin responded that the federal government would prosecute “vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.” Alison Holcomb, director of the drug policy for the American Civil Liberties Unions calls it “saber rattling.”
This is a decided change of heart from the Federal government’s position in 2009, where in a memo they in essence, said that they would look the other way. There was ambiguity however, regarding the selling of marijuana and the creation of marijuana dispensaries.
Mr. Ormsy, the U.S. Attorney for the Eastern District of Washington stated regarding this recent legislation. “No one consulted with me about what I thought of what they were going to do and did I think it ran afoul of federal law.” He added, “We believe of course, under federal law no part of the state law is legal.”
Some feel that this ambiguity could be best solved by reclassifying marijuana to a lower “schedule” of drug that would allow legal prescriptions to be written.
In this legal push and pull, the ball is now in the federal government’s court.
(A recent article in the New York Times was a large source for this blog)