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Interstate cannabis sales put California at risk of federal enforcement, AG says
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A letter from California Attorney General Rob Bonta to state regulators all but ended marijuana industry hopes of interstate cannabis commerce.
In a 36-page letter sent Dec. 19 to the Department of Cannabis Control (DCC), the state’s chief cannabis regulator, Bonta wrote that marijuana activity between legal out-of-state businesses and California licensees could result in “significant legal risk to the State of California under the federal Controlled Substances Act.”
The warning – first reported by Marijuana Moment – is not a surprise, considering federal prohibition of the plant, which cast long odds a state law allowing such sales would be put to the test.
California hopes for interstate cannabis sales rose in September 2022, when Gov. Gavin Newsom signed Senate Bill 1326 to create interstate commerce pacts, overriding a longstanding prohibition on the transportation and distribution of marijuana products across state lines.
Enactment of the law, however, was contingent on several triggers, including federal legalization, approvals from the Department of Justice and other major U.S. marijuana policy shifts.
SB 1326 went into effect on Jan. 1 2023, and shortly thereafter, the DCC asked Bonta, a longtime industry advocate as an Assembly member, to provide some guidance on interstate sales.
In a statement sent to MJBizDaily and other news outlets, the DCC said that “we appreciate the attorney general’s conclusion that the arguments supporting interstate agreements are strong. Unfortunately, even strong arguments cannot put novel questions beyond all debate.”
Bonta’s response also made a passing reference to protecting state employees who might be open to legal risks by greenlighting interstate cannabis commerce.
“Courts have disagreed about the scope of federal preemption in the cannabis context, and no court has ever considered a preemption challenge to a state law authorizing interstate cannabis sales,” the letter noted.
“The law is also unsettled as to whether state officials could be federally prosecuted for implementing state law in this area.”
In May, Washington became the third state to create an interstate cannabis commerce law, thought the statute also was contingent on the U.S. government legalizing marijuana or allowing such transactions between states.
Oregon became the first state with an interstate marijuana commerce provision in June 2019 when its governor signed such activity into law.
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Chris Casacchia
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Trump and the 2024 election, marijuana policy and more – Medical Marijuana Program Connection
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On this version of Hot off the Wire:
» Liberal groups are trying to end Donald Trump’s attempt to return to the White House by arguing he’s ineligible to be president after trying to overturn the 2020 election. The groups cite a rarely used provision of the 14th Amendment barring from public office those who swore an oath to uphold the Constitution and then engaged in “insurrection” against it.
» The U.S. Department of Health and Human Services has delivered a recommendation to the Drug Enforcement Administration on marijuana policy. HHS recommended that marijuana be moved from a Schedule I to a Schedule III controlled substance.
» President Joe Biden is planning to request more money from Congress to develop another new coronavirus vaccine, as scientists track new waves and hospitalizations rise, though not like before.
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MMP News Author
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States that legalized marijuana see massive reduction in tobacco use, study finds – Medical Marijuana Program Connection
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[ad_2] MMP News AuthorLegalizing marijuana has had a major impact in tobacco consumption. Despite what many experts thought, a new study published in the Journal of Health Economics concluded that state-level cannabis reforms are mostly associated with “small, occasionally significant longer-run declines in adult tobacco use.” Veuer’s Maria Mercedes Galuppo has the story.
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