Drug Crime Attorney in Los Angeles
Last month, White House Press Secretary Sean Spicer told reporters that the Trump administration would not continue the Obama administration’s approach to states that had legalized recreational marijuana. Under the Obama administration, the federal government would not interfere with states that had legalized recreational marijuana as long as the state laws respected federal priorities, such as keeping marijuana away from children and marijuana grows off federal land.
Mr. Spicer said, “I do believe that you’ll see greater enforcement” of recreational marijuana, noting the administration would continue to allow states to regulate medical marijuana use.
At this time, it appears California is moving ahead with plans to license marijuana growers and sellers.
Protecting Recreational Users from D.C.
Representative Dana Rohrabacher has plans to introduce a bill to Congress that would mirror an earlier bill he introduced with Representative Sam Farr that prevented the Department of Justice from enforcing federal laws against medicinal marijuana in states that had legalized it. Rohrabacher’s new bill would prevent the enforcement of federal laws against recreational marijuana use in states where it is legal.
Similarly, California Attorney General Xavier Becerra released a statement that he would support Proposition 64 in court. “If there is action from the federal government on this subject, I will respond in an appropriate way to protect the interests of California,” he said.
Becerra would not be alone. Washington, Colorado, Oregon, Alaska, Maine, Massachusetts, and Nevada have all legalized recreational marijuana.
California Assemblyman Rob Bonta has said that state lawmakers will support California’s democratically enacted laws.
Additionally, the multibillion-dollar legal marijuana industry would also challenge federal enforcement against licensed marijuana sellers.
However, there may not be much states can do against a determined federal government. As UCLA School of Law professor Adam Winkler told the LA Times, California has limited legal options. “Federal law is supreme over conflicting state law,” he said. “Federal agents are entitled to enforce federal law anywhere in the country, including California.”
The only sure solution is an unlikely one: Congress amending the federal Controlled Substances Act to decriminalize marijuana nationally.
If you have been arrested on marijuana-related charges, you need to speak to a Los Angeles drug crimes attorney who will put your interests first. Contact Moaddel Law Firm right away to begin building a legal defense.