November 27, 2011

How Do The California US Attorney Guidelines For Federal Raids Apply To Montana?

November 27, 2011
gavel marijuana prosecutions oregon dispensary owners

gavel marijuanaby Kate Cholewa

There are guidelines for federal marijuana prosecutions? Apparently so. This is good news as many medical cannabis businesses are eager to comply with the rules that they are informed of.

Cal NORML has obtained a February 2011 memo outlining the California U.S. Attorneys’ guidelines for federal medical marijuana prosecutions in California. As U.S. Attorneys get their marching orders from the federal government, one would hope that federal policy in California isn’t different than federal policy in Montana. If that is so, does it mean that the federally-raided Montana cannabis businesses were doing, or thought to be doing, one or more of the following, all named as triggers for federal police action?

* evidence of more than 200kg or 1000 plants sold in a year

* cultivation on federal or tribal land

* profits used to fund other illegal activity

* targets have significant criminal backgrounds

* targets have ties to street gangs

* stores linked to physicians providing baseless recommendations

* sales to people under 21

* use of, or PRESENCE OF, any firearm

We don’t know.

We also don’t know why federal guidelines would be kept secret. Secret rules are harder not to break.

Nonetheless, here they are, and with luck, this could be the beginning of actual, articulated federal policy for states with medical marijuana laws.

(We’d like to assume that the guidelines won’t change just because people know them. )

Take the guidelines to heart.

Courtesy of the fine folks at The Montana Cannabis Industry Association


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