The Attorney General of California determined that the state and its employees could be at “significant risk” of federal action if they were to allow interstate marijuana trade.
In an opinion sent on Tuesday to state cannabis regulators, Attorney General Rob Bonta said that there were “strong arguments” for federal prosecution of state officials who implement a law that allows cannabis imports and exported between states that consented.
This opinion is in response to the California Department of Cannabis Control’s (DCC) request from earlier this year, which sought the Attorney General’s assessment of the potential liability of allowing interstate commerce pursuant to a law signed by Gov. Gavin Newsom, a Democrat who signed a law last year, requested the opinion.
The DCC argued that allowing this activity would not put the state at substantial risk. However, the Attorney General’s opinion states that it cannot exclude that possibility due to the federal preemption of the Controlled Substances Act which prohibits cannabis.
Newsom’s law stipulated that if federal laws or guidelines changed or the attorney general of the state ruled out any “significant legal risks,” the governor could enter into agreements for interstate commerce with other states.
In a statement sent to Marijuana Moment by a DCC representative on Wednesday, the spokesperson stated that “we appreciate the Attorney General’s conclusion that arguments supporting interstate agreement are’strong’.” “Unfortunately even strong arguments can’t put novel questions out of the debate. Cannabis does not provide certainty.
If you’re looking for leadership in the cannabis industry, California is where you’ll find it. California has been leading the way in efforts to legalize cannabis and regulate it, despite legal and political uncertainty,” the statement continued. California’s cannabis market has been the center of an unregulated market between states for many years. We will continue to search, under Governor Newsom’s guidance, for ways to regulate this market and protect the public.
Adam Smith, the founder of the nonprofit Alliance for Sensible Markets told Marijuana Moment they “applauded and appreciated Governor Newsom’s efforts to meet the CA law requirements to move towards state-regulated trade between legal markets.”
He said that fixing the economics of cannabis legalization is essential to save thousands of small businesses and farms, as well as move millions of patients and customers into safe, regulated and cost-competitive market. “While we disagree with the legal analysis and methods in the AG’s report, the CA law provides a direct route to commerce through an indication of tolerance by the US DOJ. We urge the three governors of the west coast to get this tolerant guidance right away.
This article is currently developing and will be updated.
Click here to read the entire California AG opinion regarding interstate cannabis trade:
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