Paula Dow wants clarification on whether those licensed to grow or sell pot and state workers who will administer the program could face arrest
A jar of marijuana is seen on a vendor table at the Cannabis Crown 2010 expo April 18, 2010 in Aspen, Colorado.TRENTON — The debate over the legality of medical marijuana in two western states has prompted State Attorney General Paula Dow to ask the Obama administration whether New Jersey’s future program could violate federal law.
Dow’s office sent a letter late today to U.S. Attorney General Eric Holder asking him to clarify whether those licensed to grow or sell pot — as well as the state workers who will administer the program when it launches later this year — could face arrest.
Possession and distribution of the drug is a crime even though 15 states passed laws making it available to select patients.
"As the state’s chief legal adviser to all of the departments in the Executive Branch, many of which are participating in carrying out the medical marijuana legislation, it is critical that I properly advise them as to the potential criminal and civil ramifications of their actions in carrying out their duties," according to Dow’s letter.
"Accordingly, I ask that you provide me with clear guidance as to the enforcement position of the Department of Justice relative to New Jersey’s medical marijuana legislation and the scope of the entities and individuals who may be subject to civil suit or criminal prosecution," the letter said.
Gov. Chris Christie’s administration raised the question following the public debate last week in Washington state, where Gov. Christine Gregoire, who is weighing whether to sign a law creating a program licensing growers and sellers, asked federal officials if it would run afoul of federal statutes.
The Justice Department replied by repeating earlier assertions by Holder that patients legally using a program would not be targeted, but offered no blanket immunity to program operators.
"We maintain the authority to enforce the Controlled Substance Act vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law," according to the letter from Washington U.S. Attorneys Jenny Durkan and Michael Ornsby.
A California U.S. Attorney offered the same response to Oakland officials when similar inquiries were made in February.
Dow also sent the letter to New Jersey U.S. Attorney Paul Fishman, whose spokeswoman, Rebekah Carmichael declined to comment tonight because the letter had not yet arrived.
Sen. Nicholas Scutari (D-Union) co-sponsor of the law, said he was "certainly concerned" about the recent mixed messages from federal law enforcement. "Anything that gives pause or credence to a slowdown of the process is not good for patients," he said.
The legal questions potentially raise more obstacles to the state's fledgling program that lawmakers and patients expected to begin last fall.
Democratic legislators and Christie, a Republican, have been fighting for months over how the program should run. The governor has said he thinks the law is too lax. Democrats oppose the administrations' rules that limit on how potent the drug can be and how many strains may be sold, and require doctors who recommend it to their patients undergo training in addiction treatment.
Scutari, who has spearheaded an effort to legally overturn the proposed rules, said no compromise has been reached with the administration.
Attorney Dave Evans of Pittstown and executive director of the Drug Free Schools Coalition, predicted that anyone associated with running the program is in legal jeopardy.
"We regret that the sponsors of the medical marijuana bill did not seek legal advice about the conflict with federal law before they got the medical marijuana bill passed. We repeatedly told them there were violations of federal law,'' Evans said tonight. "We should not override our federal medicine approval process by passing state medicine laws. The FDA has stated that smoked marijuana is not safe or effective as a medicine."