Marijuana Business Magazine - March 2018

The New Normal District: Northern District of California, based in San Francisco U.S. attorney: Alex Tse Appointed by: Became acting U.S. attorney in early January through the Justice Department’s succession process after the previous federal attorney stepped down. Became first assistant U.S. attorney in 2016 after starting with the office in 2012. Statements on cannabis: As an Obama admin- istration holdover, Tse may be less inclined to attack the MJ industry. But after the Cole Memo announcement his office released a statement that does not sound supportive of cannabis businesses: “In accordance with the Controlled Substances Act, the cultivation, distribution and possession of marijuana has long been and remains a violation of federal law.The U.S. Attorney’s Office will continue to assess and address the threats and challenges facing the Northern District of Cali- fornia together with state, local, and federal law enforcement and allocate resources accordingly. This will continue to include all violations of the Controlled Substances Act.” District: Southern District of California, based in San Diego U.S. attorney: Adam Braverman Appointed by: Interim appointment by Trump administration Statements on cannabis: Braverman is another U.S. attorney cannabis businesses need to watch – especially if he teams with the local San Diego district attorney’s office, which raided an MMJ distributor in 2016. After the Cole Memo decision, Braverman said: “The Department of Justice is committed to reducing violent crime and enforcing the laws as enacted by Congress. The cultivation, distribution and possession of marijuana has long been and remains a violation of federal law. We will continue to utilize long- established prosecutorial priorities to carry out our mission to combat violent crime, disrupt and dismantle transnational criminal organizations, and stem the rising tide of the drug crisis.” District: Colorado U.S. attorney: Bob Troyer Appointed by: Trump administration Statements on cannabis: After the Cole Memo decision,Troyer said his office already focuses on “identifying and prosecuting those who create the greatest safety threats to our communities around the state.” In his current position, Troyer has focused on fighting violent crime. He said he will continue that approach. District: Maine U.S. attorney: Halsey B. Frank Appointed by: Trump administration Statements on cannabis: A former assistant U.S. attorney, Frank is a marijuana critic who successfully argued in 2012 that a Mainer who used marijuana couldn’t legally own a gun. Frank spoke out against a 2013 plan to legalize recreational marijuana in Portland, writing in an opinion column that state and local actions to legalize marijuana may “mislead people into trouble” because cannabis remains illegal under federal law. But after the Cole Memo decision, Frank told the Portland Press Herald that he wasn’t yet sure how the changing guidance would affect charging decisions in Maine. He said his office would likely “follow long-established principles to prosecute federal crime, including to combat the current drug crisis.” District: Massachusetts U.S. attorney: Andrew E. Lelling Appointed by: Trump administration Statements on cannabis: Many consider Lelling among the most likely U.S. attorney to prosecute mari- juana business owners under the new legal landscape. In December, Lelling’s office charged two Massachusetts men with manufacturing and possessing marijuana with intent to distribute after they were featured in High Times magazine. After the Cole Memo decision, Lelling issued the following statement: “Congress has unambigu- ously made it a federal crime to cultivate, distribute and/or possess marijuana.” He added that “to immunize a certain category of actors from federal prosecution would be to effectively amend the laws Congress has already passed, and that I will not do.” 74 • Marijuana Business Magazine • March 2018