The United States Department of Justice on October 19 issued new guidelines related to medical marijuana. The federal government will no longer prosecute distributors of medical marijuana in the 14 states, including California, that allow marijuana to be sold for medicinal purposes, as long as those operations are in compliance with relevant state laws. This represents a substantive change from the policies of the Bush administration, which initiated a vigorous federal effort to prosecute medical marijuana distributors
The memorandum detailing the new policy makes it clear that this change does not mean that the federal government gives up its authority to regulate medical marijuana distribution. However, the Justice Department has decided to focus its resources on going after illegal drug traffickers and manufacturers. Moreover, the memorandum states that federal authorities will continue to prosecute medical marijuana facilities that unlawfully possess firearms, sell to minors, engage in violence, sell amounts of marijuana inconsistent with medical use, sell other illegal drugs, engage in money laundering, or have ties to organized crime.
This new policy also does nothing to change California's laws regarding possession and use of marijuana for non-medicinal uses. Possession for personal use is a misdemeanor, with a fine of $100 for less than an ounce. Possession of more than an ounce can bring fines of $500, up to 6 months in county jail, and probation. Possession for sale carries severe penalties, including the possibility of state prison.
The danger for marijuana users, of course, is that they are arrested with marijuana that they claim is strictly for personal use but that the police claim is for sale. In all instances involving arrest for marijuana, legal representation is essential. Even the relatively mild penalties for possession for personal use result in a criminal record, which can have serious consequences when applying for a job.
In an upcoming post, we'll go into more detail on California's marijuana laws. In the meantime, see our September 3 post on California's drug court system.
