Articles Posted in Federal Enforcement/ California Marijuana

The Asset Forfeiture Program operated by the Department of Justice has long been controversial. Civil asset forfeiture regulations allow officials to seize property and money if it is believed the money comes from illegal activities, including activities related to the cultivation or sale of cannabis products. Civil forfeiture cases allow for the seizure of assets if a case can be made based on a preponderance of the evidence, which is the lowest burden of proof in the justice system (and much lower than the beyond a reasonable doubt standard used in criminal cases).

Not only do regulations make it easy for officials to seize property, but the DOJ’s Asset Forfeiture Program actually incentivized local law enforcement to make seizures by allowing local law enforcement organizations to keep up to 80 percent of the value of assets obtained in joint federal-local operations. This program led to more asset forfeitures, and allowed local law enforcement to circumvent efforts in their own states to put a stop to abuses of the civil forfeiture system. Now, however, Washington Post reports DOJ is suspending the equitable sharing program and local law enforcement will no longer receive a share of federal funds which are confiscated through the civil forfeiture process.
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Congress passed on omnibus spending bill in December of 2015, which included some significant reforms and changes to federal drug policy. While the spending bill did not give advocates for marijuana-law reform everything they wanted, the spending bill did incorporate some important legislation that provides protection to patients who use medical marijuana.

Although federal drug laws need significant reforms, the inclusion of various amendments and provisions in the Omnibus Bill are at least baby steps towards changing the burdensome federal laws which make criminals out of people who are in full compliance with their own state’s rules on medical marijuana use.
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In March of 2015, three United States senators introduced a federal bill which would have a dramatic impact on changing the way the federal government treats medical marijuana. The bill is called the CARERS act, which stands for the Compassionate Access, Research Expansion, and Respect States Act, and it was introduced by Rand Paul, Cory Booker, and Kristen Gillibrand.

There is broad bipartisan support for the CARERS Act, but the Act has not moved forward for senators to vote on the legislation. Huffington Post reports the CARERS Act has been stalled in the legislative process because Senators Chuck Grassley and Representative Joe Pitts are “using their power as committee chairs to prevent the bill from getting legislative hearings.” If these lawmakers would allow the bill to actually move through the normal legislative process, there are strong indicators suggesting it would pass and a dramatic shift would take place in the way the federal government treats medical marijuana use.
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As marijuana decriminalization or legalization moves through the states, one senator is finally taking real action at the federal level. CBS News reports Senator Bernie Sanders has introduced legislation to end the federal prohibition on marijuana.

The Sander’s bill is called the Ending Federal Marijuana Prohibition Act, and its aim is to remove marijuana from the federal list of Schedule 1 controlled substances. Schedule I substances are considered highly addictive and dangerous and are viewed as having no medicinal use. Clearly, marijuana does not belong on this list- and hopefully the proposed bill will move forward and make its removal possible.
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Generally speaking, it has been medical marijuana advocates who gather the support and voter signatures to get the issue on the ballot. Whether a state calls them ballot initiatives, propositions, items, referendums or any other term, this is a true example of democracy in action.

Interestingly, the majority of the population – around half of the country -voted to legalize medical marijuana, even though the politicians elected by these same voters claimed it was not the will of the people to legalize medical marijuana.

However, regardless of how legalized medical marijuana got on the ballet or was voted through the state assemblies and state houses across the nation, once legalized, it was up to the respective state legislatures to actually regulate medical marijuana.
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According to a recent news report from The Cannabist, the United States House of Representatives has just passed the Rohrabacher-Farr Medical Marijuana Amendment, but failed to pass the McClintock-Polis Amendment.

First, let’s take a closer look at the bill that did pass, pursuant to a house vote. The Rohrabacher-Farr Medical Marijuana Amendment is the same legislation already in place based upon last year’s vote, which prevents the United States Department of Justice (DOJ) from interfering with states’ medical marijuana programs. This law passed last year with a vote of 219 to 189. In order for it to remain in place, House members were required to vote on the amendment again this year, and there was increased support, as it passed 242 to 186.

While it is always good to see increased support for legalized medical marijuana, even with more GOP party members holding seats than in previous years, the House failed to pass the McClintock-Polis Amendment, as it was defeated by a vote of 206 to 222. This amendment would have prevented the DOJ from arresting and prosecuting people for use, sale or possession of marijuana in a state in which it is legal under relevant state laws.
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Despite the legality of medical marijuana in California and the legality for recreational use in a few other states and decriminalization in 22 others, it is still illegal to possess marijuana pursuant to federal law. Opponents of medical marijuana progress are fighting to enforce these old laws.

According to a recent news article from ABC7 News, baggage handlers at the Oakland airport have recently been arrested and charged with crimes involving the smuggling of marijuana.

Authorities say they have arrested three defendants who were working as baggage handlers at the Oakland International Airport on accusations they were attempting to smuggle large quantities of marijuana. Additionally, 11 other defendants who they arrested as part of what they claim to be large conspiracy to subvert the drug laws of the United States.
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In the United States, Congress has created and maintained a federal schedule of controlled substances since the 1970s. Drugs are classified on one of five schedules, depending on a comparison between the addictive nature of a drug, the potential health concerns, and whether there are approved medical uses for a particular drug.

The United States Controlled Substances Act (USCSA) contains prescription medications manufactured legally as well as street drugs made in underground labs and sold on the black market. A Schedule I controlled substance would be considered the most addictive or dangerous to society, and may have no approved medicinal uses.

Unfortunately, as our Los Angeles medical cannabis attorneys can explain, during the time the USCSA was enacted, there was a lot of political pressure to keep marijuana illegal, and Congress voted to include marijuana and all THC derivatives in the Schedule I category.
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