|
| ||||||
The Department of Justice on Monday, October 19 issued guidelines for Federal prosecutors regarding laws authorizing the use of marijuana for medical purposes.
National Drug Policy Director Gil Kerlikowske commented that:
"It is important to recognize that these guidelines provide clarity for federal prosecutors regarding the appropriate use of federal resources. They do not declare marijuana, whether ‘medical' or not, as legal under federal law; nor do they preclude the appropriate prosecution, under federal law, of marijuana dispensaries in those states that allow them.
"The Department of Justice's guidelines strike a balance between efficient use of limited law enforcement resources, and a tough stance against those whose violations of state law jeopardize public health and safety.
"Enforcing the law against those who unlawfully market and sell marijuana for profit will continue to be an enforcement priority for the U.S. government."
The DOJ guidelines state explicitly that;
"...To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department's core enforcement priorities."
Typically, when any one of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal trafficking activity of potential federal interest:
- unlawful possession or use of firearms;
- violence;
- sales to minors;
- financial and marketing activities inconsistent with the terms, conditions or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
- amounts of marijuana inconsistent with purported compliance with state or local law;
- illegal possession or sale of other controlled substances; or
- ties to other criminal enterprises.
