Marijuana Business Magazine - March 2018

I f you run a law-abiding, license-carrying medical marijuana business, relax.The end of the Cole Memo does not affect you – at least not right now. Not only are medical cannabis businesses still protected by the Rohrabacher- Blumenauer Amendment until at least March 23, but U.S. Attorney General Jeff Sessions’ decision was more aimed at recreational cannabis. The Rohrabacher-Blumenauer Amendment prohibits the Department of Justice – and therefore all U.S. attorneys – from prosecuting any MMJ compa- nies that follow state law. The amendment was still law as of press time, although it was in danger of expiring in March if not renewed.That said, strong political support for states’ rights on marijuana legalization is likely to force Congress to maintain a hands-off policy toward MMJ businesses.The main question is how. Until now, the Rohrabacher protections have been approved as an amendment to the federal budget, meaning that the measure needed to be reapproved on an annual basis. But for the past two years, Congress has kept the 2015 federal budget in place instead of writing a new one. It’s questionable whether the Rohrabacher-Blu- menauer Amendment will be attached to any new budget. If not, those MMJ company protections will cease to exist. However, it’s quite likely that Congress could pass a stand-alone bill to prevent Sessions from attacking legal MMJ businesses. Such bills have been repeatedly introduced over the years, but none have gained any real momentum. That could change this year, given the growing bipartisan support on Capitol Hill for medical can- nabis, or at least for the rights of states to chart their own courses on MMJ. That does not mean MMJ business owners should be complacent. By all means, consult an attorney to make sure your company is covered and that there aren’t any liabilities. But as long as the Rohrabacher-Blumenauer Amendment – or its language – remains in federal law, there’s not much Sessions or his U.S. attorneys can do to stop you. – John Schroyer The New Normal OUT OF THE DANGER ZONE? MEDICAL MARIJUANA Earl Blumenauer, a Democrat, is an Oregon congressman. Dana Rohrabacher, a Republican, is a California congressman. Photo illustration by Matthew Staver 76 • Marijuana Business Magazine • March 2018