Boston Herald

Enforcemen­t of state pot industry hazy

U.S. attorney issues vague reply to Sessions’ change

- By MATT STOUT — matthew.stout@bostonhera­ld.com

The Bay State’s top prosecutor cast the state’s fledgling marijuana industry into further disarray, responding to pleas for clarity with a hard-line response indicating that no one in the state’s now legalized pot market is “immune” from prosecutio­n.

U.S. Attorney Andrew Lelling’s statement yesterday came just hours after weed advocates asked him to further explain how he’d police the industry in the wake of Attorney General Jeff Sessions’ move to rescind an Obama-era policy that allowed states to pursue legalized pot.

Sessions’ decision effectivel­y leaves it to federal prosecutor­s in each state to determine how they’ll enforce a federal law that still bans marijuana sales.

But with legal sales looming on July 1, Lelling offered little comfort, saying he “cannot ... provide assurances that certain categories of participan­ts in the state-level marijuana trade will be immune from federal prosecutio­n.”

He added: “Deciding, in advance, to immunize a certain category of actors from federal prosecutio­n would be to effectivel­y amend the laws Congress has already passed, and that I will not do.”

Lelling is a Trump appointee who took over the Boston office last month.

The announceme­nt immediatel­y sent ripples through the state and nation, where other U.S. attorneys have offered softer, if not more reassuring, responses for those operating in states where marijuana use and sales have been legalized.

That includes Colorado, where the U.S. attorney indicated that rescinding the so-called Cole Memo would change little in that office’s approach.

“It’s difficult to move forward if you’re not sure on the first day of sales whether there will be FBI agents knocking on doors across the state,” said Jim Borghesani, a spokesman for the Marijuana Policy Project and a leader of the group that pushed the 2016 ballot question legalizing recreation­al pot in Massachuse­tts.

Lelling offered that he’d approach the industry on a “caseby-case basis” and cited his office’s “limited federal resources.”

Within hours of releasing his statement yesterday, Lelling’s office sent out a press release touting a seven-year sentence it scored against a California man who ran a marijuana ring.

State officials, including Gov. Charlie Baker, have said they intend to stand by the decision of voters to legalize the drug.

Attorney General Maura Healey, too, has prodded Lelling to provide more informatio­n, releasing a statement yesterday asking him to “clarify his enforcemen­t priorities to provide guidance to Massachuse­tts municipali­ties, residents and businesses.”

Steve Hoffman — chairman of the Cannabis Control Commission, which oversees the industry in the state — is expected to address the developmen­ts at a regularly scheduled meeting today, according to board officials.

 ?? AP FILE PHOTO, LEFT; COURTESY PHOTO, ABOVE ?? NO ASSURANCES: U.S. Attorney Andrew Lelling, above, has issued a statement in the wake of a move by Attorney General Jeff Sessions, left, to rescind a policy that allowed states to pursue legalized weed.
AP FILE PHOTO, LEFT; COURTESY PHOTO, ABOVE NO ASSURANCES: U.S. Attorney Andrew Lelling, above, has issued a statement in the wake of a move by Attorney General Jeff Sessions, left, to rescind a policy that allowed states to pursue legalized weed.
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