Medical Marijuana Update … Update

The United States Department of Justice has issued a press release on the changes to the prosecution of medical marijuana providers.  According to Attorney General Holder,

“This balanced policy formalizes a sensible approach that the Department has been following since January: effectively focus our resources on serious drug traffickers while taking into account state and local laws.”

The release also contains a link to the Guidelines memo, which can be found here.  An example of an inefficient use of federal resources is provided in the memo:

As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

However, if the individual is not in clear and unambiguous compliance, that individual could still face federal prosecution.