DOJ change clouds pot picture

State waits to see effect on medical use

WASHINGTON — The Obama-era policy of going easy on marijuana went up in smoke, but it remains to be seen whether the new directive of Attorney General Jeff Sessions will have any impact on Connecticut’s nascent medicalmarijuana industry.

Some advocates and political leaders are warning the new Department of Justice guidance on marijuana prosecutions could have a negative impact on chronically ill patients for whom marijuana products provide a measure of relief.

“Especially during the midst of a national opioid crisis, medical marijuana provides an important alternative to opioids, and is counted on for relief by 22,000 Connecticut residents,” said Gov. Dannel P. Malloy in a statement. “Rather than diverting critical federal resources and infringing on the will of the American people, Attorney General Sessions would do well to take a leaf out of Connecticut’s book, where our marijuana policies have allowed law enforcement professionals to focus on reducing violent crime, with demonstrated success.”

Malloy said Connecticut would continue to follow state law “regarding marijuana policy despite this short-sighted decision.”

Marijuana is not legal for adult recreational use in Connecticut, unlike California, Colorado and several other states. But its medical-use statute has been on the books since 2012 for adults, and 2016 (in non-smoking form) for children with neurological conditions such as epilepsy.

Growth industry

The state’s Department

of Consumer Protection has issued licenses for nine dispensaries and four “grows” — places where marijuana is grown, processed into different forms and packaged.

At last count, 22,424 patients in the state were being treated through some form of marijuana therapy, with 808 doctors participating in the program.

Adults in Connecticut can get marijuana treatment for cancer, glaucoma, AIDS or HIV, Parkinson’s disease, multiple sclerosis and a host of other serious, chronic conditions. Children can receive it for cerebral palsy, cystic fibrosis, spinal cord injury and several other conditions.

Medical marijuana already enjoys legal protection through an amendment attached to congressional spending bills that limits DOJ action against state-sanctioned medical marijuana providers. That amendment must be re-inserted into the bill now under negotiation on Capitol Hill. Lawmakers face a Jan. 19 deadline on the bill. Absent a deal, the government would shut down.

Obama-era guidance

gave low priority to prosecutions of medical marijuana dispensed under state law. Sessions on Thursday called the policy “unnecessary,” stating that marijuana remains “a dangerous drug” under federal law and that marijuana activity is “a serious crime.”

Therefore, he said, U.S. attorneys should exercise “investigative and prosecutorial discretion in accordance with all applicable laws, regulations and appropriations.”

The Obama policy it replaces is contained in a series of memos authored by then Deputy Attorney General James Cole, who set priorities for federal involvement to cases involving distribution to minors, revenue going to criminal gangs, using state law as a cover to traffic marijuana to states without comparable laws, and prevention of “drugged driving.”

States and localities — not federal prosecutors — would be responsible for low-level pot dealing and use, one of Cole’s memos said. And for medical marijuana, “it is not likely an efficient use of federal resources to focus enforcement efforts on seriously ill individuals or their individual care givers.”

The marijuana landscape has shifted dramatically since those memos,

the latest of which was authored in 2013. Several states have legalized marijuana for recreational use, notwithstanding federal prohibitions. Legalization has given a shot in the arm to the industry, attracting investors looking to cash in on the green rush.

Backing the AG

Opponents of legalized marijuana cheered Sessions.

“It’s good news for public health and bad news for the marijuana industry,’’ said Kevin Sabet, president of Smart Approaches to Marijuana, which supports decriminalizing marijuana but opposes legalization, citing health and safety reasons. “The green rush from Wall Street and Silicon Valley will be slowed down by this memo. We hope today is the beginning of the end of this new big tobacco industry.”

While appearing to be diametrically opposed, the Cole memos and the Sessions guidance replacing them share one thing in common: maximum discretion to federal prosecutors to go after the marijuana cases they deem to be high priority, given limited resources.

While it would seem unlikely that federal prosecutors in Connecticut would pursue medical-marijuana patients, practitioners, dispensaries and growers, there are no guarantees.

“It’s too soon to tell right now,” said Aaron Romano, a lawyer in Bloomfield who is legal counsel to the state chapter of NORML — the National Organization for Reform of Marijuana Laws.

While pursuit of criminal cases may seem unlikely, federal prosecutors in Connecticut could go the civil route, Romano said.

Since marijuana remains illegal under U.S. law, “a federal judge would have to sign off on” a cease-and-desist order, Romano said. “It could effectively shut down the program.”

The future of medical marijuana may well depend on whether the amendment protecting the industry is attached to the new spending bill by Jan. 19, or if permanent legislation incorporating it is put on a fast track on Capitol Hill.

“That’s going to dictate how DOJ will spend its money on enforcement,’’ said Romano. “It’s all about the money.”