California is at the center of an interesting legal conflict that remains unresolved and poses some potential serious risks to entrepreneurs. While marijuana has been legalized for recreational use here, it remains a federal crime to possess or distribute it, especially to other states. Under the current administration, there may soon be some acts of force employed to attempt to exercise federal power over state sovereignty, and California entrepreneurs who want to get in on a good opportunity could find themselves caught in the middle of a state and federal power struggle.
Under the Controlled Substances Act, marijuana is still illegal, despite the fact that over half the states in the union now boast medical marijuana exceptions and eight states have legalized the drug for recreational use. Under the Obama administration, the general policy was fairly even-handed, with the White House taking the stance that resources shouldn’t be used to prosecute federal drug crimes occurring in states that had legalized the drug. However, under President Trump, both Press Secretary Sean Spicer and Attorney General Jeff Sessions have made comments that seem to place a target not so much on recreational marijuana users, but on those who would distribute marijuana throughout a state or across state lines.
This new focus is somewhat par for the course with a Republican administration, and it remains to be seen how that will all play out in reality. Still, there remains a very strong threat to the rights and safety of marijuana entrepreneurs both here and elsewhere. Should you face federal drug charges of any kind, you must acquire the strongest legal defense that you can. With proper guidance from an experienced attorney, you can rest assured that your rights remain secure while you pursue justice.
Source: California Lawyer, “Federal-State Marijuana Policy: An Uneasy Peace,” Josh Heinlein, and Jacob Ayres, April 24, 2017
