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U.S. Justice Department Issues Memorandum Regarding State Marijuana Laws

By Walin & Klarich

On October 19th, the United States Department of Justice issued a memorandum to the United States Attorneys in California detailing a shift in the Department?s policy regarding the investigation and prosecution of federal drug offenses in California. Although the memo is favorable to California?s marijuana laws, in no way does it permit the cultivation, possession, use or distribution of marijuana. The federal Controlled Substances Act continues to make those types of acts illegal. Specifically, the memo dictates that ?individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana? should not be the Department?s main focus. In fact, the Justice Department will continue to prosecute those individuals or entities relying on state marijuana laws as a pretext for the illegal distribution of marijuana...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 27, 2010 (boomark / email).