The legally murky world of medicinal marijuana cultivation has grown even more Byzantine. A recent old memo, penned by James Cole, a deputy U.S. attorney general, threw a curve-ball to everyone from growers to dispensaries to their customers, raising fears that federal authorities are about to upend a laissez-faire ethos announced in 2009 and begin raids and prosecutions, according to Peter Hecht of The Sacramento Bee.
The memo, somewhat contradicting the earlier statement that federal officials would not intervene in states where medicinal marijuana use is permitted, said state laws are “not a defense” from federal prosecution and that “Congress has determined that marijuana is a dangerous drug.”
In California, where medical pot dispensaries have become a $1 billion-dollar industry, the new memo is creating fears that federal officials may move against large growers, as well as cities and other local governments that permit them with an eye towards assessing fees.
Justice Department officials say Cole’s memo is meant as guidance to states and not a signal of a policy shift, but it has already engendered caution among local officials. Oakland’s city council, for example, is putting off until the fall hearings on allowing dispensaries to grow marijuana on-site. Meanwhile, the impoverished agricultural town of Isleton put the kibosh on hopes of a major tax windfall by killing plans to allow an entrepreneur to grow medical cannabis in three giant greenhouses.
