D.C. Authorities Require Medical Marijuana Participants to Acknowledge Risks

New rules adopted by Washington D.C.’s medical marijuana program must now state in writing that they assume the risk of federal prosecution for the growing or distribution of marijuana. They must also acknowledge that they may not hold the city liable for any federal arrests that result from their participation in the program. This has been done in response to a memo from the U.S. Department of Justice stating that it still considers marijuana to be illegal for all uses except for use in federally authorized research programs.

Despite the fact that D.C. allows people to use marijuana for medical purposes, marijuana remains a Schedule 1 drug at the federal level. That is unlikely to change anytime soon, especially with a Republican majority in the House of Representatives. While the Washington D.C. Health Department issues permits for a limited number of medical marijuana cultivation and dispensary facilities, federal agents have made it clear that they reserve the right to prosecute individuals for operating such enterprises. The operation of medical marijuana facilities in the same city as the headquarters for the U.S. Department of Justice will likely be a test of just how strictly federal bans will be enforced against those licensed by local authorities.

This warning is more specifically aimed at those who operate cultivation and dispensary facilities rather than patients using marijuana for medical purposes. Federal agencies retain the authority to arrest and prosecute individuals for even personal possession and use of marijuana regardless of whether the purpose of such use is recreational or medicinal. Still, most targets of federal marijuana prosecution are those involved in cultivation and distribution.

While even those possessing marijuana for personal medicinal use must be aware of the risk of federal prosecution, the language of this recent memo from the Justice Department seems to reflect their continued focus on those involved on a larger scale.