The U.S. Department issued new guidance for federal prosecutors last week. We had been anticipating a new memo from Justice for some time- hoping that it would clarify whether the dispensary portions of the Arizona Medical Marijuana Act are legal under federal law (the Controlled Substances Act). We were also hoping it would help us figure out how risky it would be for us to issue dispensary applications. Unfortunately, the new guidance didn’t help much.
The guidance makes it clear that folks that facilitate large scale cultivation are at risk for prosecution. People that “facilitate” cultivation are also at risk for prosecution. But, a key remaining question is what the word “facilitation” means. Could it mean that issuing state approved licenses for cultivation and dispensing would put us at risk for prosecution? We’re hoping that the upcoming Declaratory Judgment will answer this question (and others) once and for all. You can check out the new memo from Justice on our website.
Can I please get an answer as to why AZ is so paranoid about styate employees being prosecuted? From what I have read and heard, MANY other states are doing MMJ and none of there employees have been charged. Why does AZ feel they are different? And is that reason enough to make it so folks who have a genuine need for their medication can’t get it? My point is, no other states are being harrased by the government, why is AZ delaying somethin that the voters approved?
I read the memo..I guess I am reading it different than AZ. It seems to me they are after large scale industrial marijuana warehouses. They say thay are not worried about patients using MJ. So I would not see why they would worry about a group of people, dispensary owners, who get MJ from other people and then provide it to patients. That is what a caregiver is, exactly like the memo reads. Am I missing something?
Just reading this old news about New Medical Marijuana Memo, and interesting to know about.