Pubdate: Sat, 31 Aug 2013
Source: Register Citizen (CT)
Copyright: 2013 Register Citizen
Contact:  http://www.registercitizen.com
Details: http://www.mapinc.org/media/598
Author: Hugh McQuaid

STATE'S MEDICAL MARIJUANA LAW LIKELY SAFE FROM FEDERAL CRACKDOWN

It appears that for now the federal government is unlikely to crack 
down on Connecticut's newly approved medical marijuana program after 
the Justice Department released a memo 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.

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 that 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 says.

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 believes strictly-regulated state programs are less likely 
to threaten the federal government's enforcement priorities.

The state passed legislation legalizing the medical use of marijuana 
last year and 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 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.
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