Enforcing Federal Drug Laws in States Where Medical Marijuana Is Lawful

Abstract

On January 4, 2018, Attorney General Jeff Sessions issued a Memorandum immediately rescinding the Obama Administration’s long-standing guidance limiting federal enforcement of medical marijuana. Federal law creates harsh penalties for the cultivation, distribution, and possession of marijuana, which Sessions deemed a “dangerous drug” and a “serious crime.” The Memorandum places physicians and patients at risk for arrest and prosecution in 29 states and the District of Columbia that have legalized medical use of marijuana (Table). This Department of Justice (DOJ) guidance came at a time of growing acceptance, accessibility, and use of cannabis and its derivatives. While public opinion and state action have trended strongly toward permitting use of marijuana, especially for medical purposes, controversy continues to swirl. The specter of federal prosecution could chill physicians, patients, and dispensaries in states where the drug is lawful, and dissuade additional jurisdictions from legalizing marijuana. Public policy formed and implemented in the context of inconsistent federal and state laws, unpredictable legal enforcement, and insufficient scientific evidence is unsustainable. Rational policies should follow a multi-pronged agenda.