Press reports on Wednesday revealed a February 2015 memorandum from the United States Department of Justice on the Rohrabacher-Farr Medical Cannabis Amendment’s impact on federal law enforcement actions related to the Controlled Substances Act. The memorandum argues that federal prosecutions against private citizens participating in state-level medical cannabis programs would not be impacted by the amendment.
"The February 27, 2015 DOJ memo shows that they were providing either deliberately misleading statements or, at the very least, contradictory and confusing messages in their talking points in opposition to the Rohrabacher-Farr amendment that was offered to protect citizen access and participation in state-level medical cannabis programs," said Mike Liszewski, Government Affairs director with Americans for Safe Access (ASA). "The language of the amendment and numerous statements clarifying the intent of the bill's sponsors make it clear that DOJ is barred from interfering with conduct that is legal under a given state's medical marijuana law.
"DOJ's analysis of the term 'implementation' is flawed in its conclusions," Liszewski said "The Department does not directly define the term in the memo, and notably, implementation is not explicitly defined in the U.S. Code, federal case law, or even Black’s Law Dictionary.