Marijuana Business Magazine - March 2018

These 14 federal prosecutors will have a big say in deciding whether to crack down on recreational marijuana businesses and their customers MEET THE ENFORCERS U.S. ATTORNEYS The New Normal B y ripping up the Cole Memo, Attorney General Jeff Sessions gave U.S. attorneys across the nation the green light to make life miserable for state-legal marijuana business owners and consumers. That’s because the top federal prosecutors in the 30 states and the District of Columbia with legal marijuana programs will now decide how aggres- sively to enforce long-standing federal law prohibiting the sale and cultivation of the plant. Recreational marijuana businesses are considered the most vulnerable.That means the actions of these 14 U.S. attorneys are coming under particularly close scrutiny.They oversee the eight states that have legal- ized the commercial cultivation and sale of adult-use marijuana – as well as the District of Columbia and Vermont, both of which have legalized the possession and home growing of recreational cannabis. The 14 have issued mixed messages in wake of Sessions’ decision. Following are snapshots of each of them.They are listed in alphabetical order based on their district. District: Alaska U.S. attorney: Bryan Schroder Appointed by: Trump administration Statements on cannabis: After the Cole Memo decision, Schroder said his office would continue using “long-established principles” in choosing which cases to prosecute. Schroder hasn’t been more spe- cific than that publicly, but he has said one of his key principles is following federal law enforcement priorities. Schroder also noted his office’s main priority has been fighting violent crime. District: Central District of California, based in Los Angeles U.S. attorney: Nicola Hanna Appointed by: Interim appointment by Trump administration Statements on cannabis: Sessions hailed Hanna for “taking on drug traffickers,” a statement that could make cannabis companies sweat. Hanna also donated $2,700 in 2016 to the presidential campaign of former New Jersey Gov. Chris Christie, who made headlines for vowing to target the MJ industry if elected to the White House.When contacted for comment following the Cole Memo announcement, a spokesman for Hanna sent this state- ment: “We will continue to allocate resources and utilize long- established prosecutorial principles to carry out our commitment to combat violent crime, dismantle criminal organizations, and stem the ongoing threat of narcotics trafficking.” District: Eastern District of California, based in Sacramento U.S. attorney: McGregor “Greg” Scott Appointed by: First served as U.S. attorney for the Eastern District of California under President George W. Bush from 2003 to 2009 and reappointed by Trump administration. Statements on cannabis: Scott may be the most worrisome of California’s U.S. attorneys for the cannabis industry. He has not made clear his intentions regarding the state’s newly launched regulated MJ market, but Scott has a history with the industry. Under President Bush, Scott prosecuted two dispensary owners – Luke Scarmazzo and Richard Montes – and got them convicted in 2008. Montes received a 20-year prison sentence but was granted clemency in 2017. Scarmazzo got 21 years and remains behind bars. One California MJ attorney described Scott to the Sacramento Bee as a “hardcore, anti-cannabis drug warrior.” 72 • Marijuana Business Magazine • March 2018