Cannabis Posts

Using Marijuana on Federal Post-Conviction Supervision

Marijuana Use and Supervised Release: (“In July, a young man named Tryan Trotter appeared before Judge Jack Weinstein of the Eastern District of New York, the judge who had previously sentenced Trotter for conspiring to distribute heroin. Trotter had already served his two-year term of imprisonment, but he appeared before Weinstein for a new reason: he was accused of violating the conditions of his supervised release by using marijuana and failing to comply with drug treatment orders. See United States v. Trotter, —F. Supp. 3d—, 2018 WL 3421313 (E.D.N.Y. July 13, 2018). Trotter was of course not the first defendant to smoke marijuana while on supervised release, but what made this case unique was Weinstein’s reaction to this indisputable violation. Instead of sending Trotter back to prison or issuing some other type of sentence for the violation, Judge Weinstein terminated his supervised release.”)

Feds Can Prosecute CA Marijuana Growers for Crops on Federal Land

Appeals Court Says Feds Can Enforce Marijuana Law on Federal Land in Legal States: (“A U.S. appeals court says a law that bans the Justice Department from prosecuting some medical marijuana users and dispensaries does not apply to marijuana operations on federal land.  The 9th U.S. Circuit Court of Appeals on Thursday rejected an appeal by two men charged in federal court with growing marijuana in Northern California on property controlled by the Bureau of Land Management.”)

Banks Hedging on Cannabis Industry

Questions Raised After Bank Terminates Cannabis-Industry Lawyer’s Account: (“Khurshid Khoja says he tries to play by the rules. * * * The Greenbridge Corporate Counsel founder advises state-legal marijuana-related businesses. He knows the sector they all work in is legally murky. California rolled out its licensed recreational market on Jan. 1, but the federal government still considers marijuana an illegal drug. *  * * Khoja says he operates by certain business principles. His clients do not pay in cash. Deposits into the law firm’s state bar-required trust account are identified by their source and visible to the bank. Every client must comply with Obama-era guidance—since rescinded by U.S. Attorney General Jeff Sessions—designed to minimize the chances of federal prosecution.”)

DOJ Urges Dismissal of Civil Suit Seeking Marijuana Legalization

US Judge Weights Challenge to Federal Marijuana Prohibition: (“The U.S. Department of Justice on Wednesday urged a federal judge to dismiss a lawsuit seeking to overturn the United States’ longstanding prohibition of marijuana, the latest court battle over federal policy under President Donald Trump’s administration.”)

DOJ Re-escalates Marijuana Enforcement

Sessions Rescinds Memo on State Marijuana Laws: (“U.S. Attorney General Jeff Sessions is moving to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference.  The move comes after nearly a year of conflicting signals from the attorney general about the Trump administration’s position on cannabis enforcement.”)