Effect Of The Sessions Memorandum On State Medical Marijuana Programs

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Earlier this month, Attorney General Jeff Sessions issued a Memorandum rescinding the Obama Administration’s “hands off” policy with respect to the prosecution of licensed cannabis distribution in states where medical or recreational marijuana are legalized.  Our sister blog, “In the Weeds” has covered the issuance of this new Memorandum extensively, including how it may affect state medical marijuana programs around the country.

So far, U.S. Attorneys in many of the states that have legalized medical marijuana (including Pennsylvania) have made public statements to the effect that they are not interested in prosecuting violations of federal law with respect to cannabis, especially if the activity involved is in compliance with state law.

For more information on the Sessions Memorandum, please see this post:  http://www.foxrothschild.com/publications/ag-sessions-issues-cannabis-policy-reversal-what-does-it-mean-for-the-industry/

For more information on the responses to the Memorandum from U.S. Attorneys (including the U.S. Attorney for Pennsylvania’s Middle District), please see this post:  https://cannabislaw.foxrothschild.com/2018/01/u-s-attorneys-react-new-marijuana-policy-guidance-attorney-general/

For Pennsylvania physicians, it appears that the medical marijuana program continues to be on track for implementation on April 1, 2018.  Pennsylvania Gov. Wolf issued a statement in response to the Sessions Memorandum confirming that he would seek legal action against the federal government to the extent that the federal government interferes with Pennsylvania’s medical marijuana program.  [See article here].

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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