Medical marijuana dispensaries in California are facing a possible federal crackdown, placing thousands of medical marijuana users and providers in the middle of a tug-of-war between state and federal law. California legalized medical marijuana in 1996, as the result of a voter-approved initiative. However, marijuana possession and selling marijuana remain federal crimes.
The recent rise in federal enforcement efforts seems to be an attempt to stem the rapid increase in the number of medical marijuana dispensaries that opened after 2009, when the Obama administration announced that federal prosecutors would no longer prosecute people using medical marijuana in states where it was legal.
Federal prosecutors, having recently reversed their policy on medical marijuana, have threatened to close down dispensaries, warning landlords to stop their tenants from selling marijuana and threatening seizure of their property if they do not comply.
Attorneys representing medical marijuana dispensaries have petitioned a federal court for a restraining order. The lawsuit claims, among many things, that the Department of Justice, in reversing the more lax policy on prosecution of marijuana possession that it implemented in 2009, has entrapped providers of marijuana.
In the lawsuit, the medical marijuana dispensaries argue that based on the 2009 federal policy, they assumed that they would no longer face federal prosecution for conducting their business. "The conduct of the government officials and their statement led the nation to believe that the government had changed its policy in 2009, ensuring that those who comply with state medical cannabis laws would not be subject to federal prosecution," according to the lawsuit as quoted in the Washington Post.
Federal Penalties for Marijuana Possession
Under federal law, marijuana possession is illegal under the Controlled Substances Act. The act does not differentiate between medical and recreational use of the drug. Upon a first conviction, an offender faces up to one year in jail and a fine of $1,000.
If an offender is convicted a second time, he or she faces a mandatory minimum sentence of 15 days imprisonment, with a maximum sentence of up to two years and fines of up to $2,500.
Offenders convicted more than twice are subject to a mandatory minimum sentence of 90 days imprisonment, with a maximum sentence of up to three years and fines of up to $5,000.
Until the legal challenges to the federal crackdown are resolved, it is likely that possession of medical marijuana will remain illegal under federal law and offenders will be subject to prosecution in California. If you are arrested for marijuana possession, an experienced criminal defense attorney may be able to help you minimize or avoid the consequences.
