Pubdate: Fri, 30 Aug 2013
Source: Middletown Press, The (CT)
Copyright: 2013 The Middletown Press
Contact:  http://www.middletownpress.com/
Details: http://www.mapinc.org/media/586
Author: Hugh McQuaid
Page: A1

JUSTICE DEPT. NOT BLOCKING STATE MARIJUANA LAWS

For the time being it appears that the federal government is unlikely
to crack down on Connecticut's newly approved medical marijuana
program. The Justice Department released a memo Thursday outlining its
enforcement priorities in light of recent state laws.

The four-page memo is predominantly aimed at addressing laws passed in
Colorado and Washington, which have legalized marijuana for
recreational use. But the document acknowledges that several states
have approved the substance for medical use.

The Middletown Common Council approved a lease in August with
Greenbelt Management at the city owned Remington Rand building.
Greenbelt intends to install a medical marijuana production facility
in the 15,000 square-foot rental, pending approval from the state
Department of Consumer Protection.

Although it still considers marijuana to be an illegal and dangerous
drug, in general, the DOJ seems content at the moment to allow states
to continue abiding by their own marijuana rules so long as the
federal government's eight priorities on the issue are not violated.

The priorities are ensuring the substance is not distributed to
minors, preventing marijuana sales from benefiting criminals, stopping
it from entering states where it is not regulated, and preventing
state programs from acting as cover to criminals. The DOJ also
prioritizes ensuring people aren't driving while high on cannabis,
preventing gun violence as a result of marijuana cultivation, and
keeping its growth, possession, and use off of government land.

"Outside of these enforcement priorities, the federal government has
traditionally relied on states and local law enforcement agencies to
address marijuana activity through enforcement of their own narcotic
laws," the memo reads. Connecticut's medical marijuana program was
touted as one of the most tightly regulated programs of its kind and
does not allow for minors to use the substance. According to
Thursday's memo, the Justice Department feels that strictly regulated
state programs are less likely to threaten the federal government's
enforcement priorities.

Although the state passed legislation legalizing the medical use of
marijuana last year, a legislative committee reviewed and approved the
regulations for that program during a meeting this week.

At the meeting, some lawmakers expressed concerns that Connecticut's
detailed codification of a marijuana program could attract the federal
government's attention and provoke prosecutions.

Rep. Vincent Candelora, a North Branford Republican on the committee,
said there is federal case law suggesting that efforts by the state to
actively regulate marijuana have invited prosecution.

However, although he still disapproved of the program, Candelora said
the government's Thursday memo eased those concerns.

"This opinion certainly eliminates that issue," he said. "I think it
probably would have changed the discussion" during the meeting earlier
this week.

In the memo, the Justice Department restates its ability to prosecute
marijuana cases regardless of state law, should it choose to do so.

"This memorandum does not alter in any way the department's authority
to enforce federal law, including federal laws relating to marijuana,
regardless of state law," it reads. However, Michael Lawlor, Gov.
Dannel Malloy's adviser for criminal justice matters, said it would be
a mistake to think that Connecticut officials were not communicating
on some level with the federal government when they drafted the
state's regulations.

"If the federal Justice Department had major concerns with Connecticut
and what's going on here, everybody would know it by now," Lawlor
said. "Silence tells you something."
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