Delaware Medical Marijuana Law Busted

Delaware’s legalization of medical marijuana has fizzled in the wake of legal opinions that growers, distributors and state employees could be prosecuted under federal drug laws.

Gov. Jack Markell has suspended the regulation-writing and licensing process for medical marijuana dispensaries — effectively killing the program — and criticized the federal government for sending mixed signals on law enforcement, The News Journal has learned.

U.S. Attorney Charles M. Oberly III has adopted the hard-line stance that just came out of President Barack Obama’s Department of Justice. This stance accentuates the inherent conflict between federal marijuana laws and what is playing out in states that have authorized limited marijuana use for medicinal purposes.

“[G]rowing, distributing and possessing marijuana, in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities,” Oberly wrote Thursday to Markell’s attorney. “Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes.”

Markell’s office told The News Journal on Friday that Oberly’s stance prevents the Department of Health and Social Services from issuing licenses to medical marijuana dispensaries, whose employees and owners may be subject to federal raids and prosecution.

The governor’s office recently sought guidance from Oberly on whether state employees responsible for regulating and inspecting licensed, not-for-profit medical marijuana dispensaries could do their jobs without fear of prosecution.

“State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under” the Controlled Substances Act, Oberly wrote.

In a statement Friday, the Democratic governor said he had no choice but to stop the program.

“To do otherwise would put our state employees in legal jeopardy, and I will not do that,” Markell said.

– Article from Delaware Online.

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