Criminal Liability: For Clients

Though the recreational use of marijuana is legalized in some states, marijuana possession, sale, and use is illegal under federal criminal statutes. This creates risks for clients who engage in the marijuana industry. These articles address prosecutions of clients for operating outside their respective state or federal laws.

Ninth Circuit Allows Criminal Prosecution of Cannabis Growers on Federal Land

Less than 2 years after the Ninth Circuit barred federal prosecutions for state-law medical marijuana activity in U.S. v McIntosh, another Ninth Circuit panel held that a congressional bar on the DOJ’s use of appropriated funds to prosecute the use, distribution, possession, or cultivation of medical marijuana, done in conformity with state law, does not limit the DOJ’s ability to enforce federal drug laws on federal land.

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