BOSTON — The state’s Cannabis Control Commission is set to meet Tuesday morning, and the agenda makes no mention of the Justice Department’s change of heart when it comes to marijuana.
But a new statement from the U.S. Attorney for Massachusetts could put the Commonwealth’s marijuana work in jeopardy.
U.S. Attorney Andrew Lelling is offering no assurances that he will take a hands-off approach to legalized pot in the state.
Lelling said in a statement Monday that he cannot -- and would not -- offer blanket immunity to what he termed "participants in the state-level marijuana trade."
Lelling said he would instead proceed on a "case-by-case" basis. [Read Lelling's full statement below]
The prosecutor was responding to a request from supporters of the state's recreational marijuana law for "clear, unambiguous answers" to several questions, including whether he would prosecute any businesses that are granted state licenses to grow, produce, test or sell marijuana.
Jim Borghesani helped get legal marijuana onto the state ballot in 2016.
"We're hoping that he will use his discretion to prosecute only those people who are involved in criminal activity, not legal activity as interpreted by the voters of Massachusetts," he said.
The exchange followed Attorney General Jeff Sessions' decision last week to rescind a previous Justice Department policy of general non-interference with states that have legalized marijuana.
The Cannabis Control Commission will meet at 10:30 a.m. Tuesday.
MORE: Q&A: What does Sessions' policy mean for the future of weed?
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MORE: Jeff Sessions to end policy that let legal pot flourish
Full Statement from U.S. Attorney Andrew Lelling:
I understand that there are people and groups looking for additional guidance from this office about its approach to enforcing federal laws criminalizing marijuana cultivation and trafficking. I cannot, however, provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.
This is a straightforward rule of law issue. Congress has unambiguously made it a federal crime to cultivate, distribute and/or possess marijuana. As a law enforcement officer in the Executive Branch, it is my sworn responsibility to enforce that law, guided by the Principles of Federal Prosecution. To do that, however, I must proceed on a case-by-case basis, assessing each matter according to those principles and deciding whether to use limited federal resources to pursue it.
Deciding, in advance, 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. The kind of categorical relief sought by those engaged in state-level marijuana legalization efforts can only come from the legislative process.
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The Associated Press contributed to this report
Associated Press
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