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Friday, February 24, 2017

Disabled Employees and Lawyers: Beware Legal Marijuana Laws

So I've been predicting that the Trump administration would crack down on legalized marijuana, and when I said that on NPR I was accused of being a fear-mongerer. Wednesday I spoke to a group of law students about legalized marijuana and how it affects employment law, and the first thing I said is that lawyers should beware representing marijuana dispensaries because a crackdown was coming from the feds.

Alarmist? Maybe not. Because yesterday the White House announced a crackdown on marijuana use. I'm rarely proven right this quickly, so thanks? Our new Attorney General has made it clear that he is very, very anti-marijuana. What does this mean for states with legalized marijuana and legalized medical marijuana?

The announcement seemed to indicate that the first crackdown would be in states with legalized marijuana for recreational use. That means you can expect the jackbooted thugs to start raiding marijuana dispensaries in those states, getting lists of customers, and then arresting those customers. I have been predicting that anyone involved in the marijuana industry will start being charged with conspiracy, and that includes lawyers.

Once they bust the recreational users, it's just a matter of time before they go after those medical marijuana cardholders. If you have a disability and are using prescribed marijuana to give you relief from your horrific symptoms, beware. Once they start busting recreational users, I suggest finding alternatives and not getting caught holding the bag (see how I did that?) with even prescribed marijuana.

As for lawyers advising the industry, you are not only risking your license but your freedom. I recommend caution all around.

Not only does the administration have an incentive to bust pot smokers to bolster the private prison industry (read: indentured servitude for big corporations), but getting busted can mean forfeiture of your property with very little right to due process, so when the administration bankrupts the country (yes, I said it, and you can bank on it the way we are headed) they will be desperate for funds to bolster the failing economy.

There are very few protections already for employees who use medical marijuana legally. Now there is even more reason to be cautious before filling that prescription.

1 comment:

  1. To suggest that Trump is especially nasty regarding marijuana laws, while Obama was great is dishonest.


    In a shocking about-face, the administration has launched a government-wide crackdown on medical marijuana

    Back when he was running for president in 2008, Barack Obama insisted that medical marijuana was an issue best left to state and local governments. "I'm not going to be using Justice Department resources to try to circumvent state laws on this issue," he vowed, promising an end to the Bush administration's high-profile raids on providers of medical pot, which is legal in 16 states and the District of Columbia.
    But over the past year, the Obama administration has quietly unleashed a multi­agency crackdown on medical cannabis that goes far beyond anything undertaken by George W. Bush. The feds are busting growers who operate in full compliance with state laws, vowing to seize the property of anyone who dares to even rent to legal pot dispensaries, and threatening to imprison state employees responsible for regulating medical marijuana. With more than 100 raids on pot dispensaries during his first three years, Obama is now on pace to exceed Bush's record for medical-marijuana busts. "There's no question that Obama's the worst president on medical marijuana," says Rob Kampia, executive director of the Marijuana Policy Project. "He's gone from first to worst."


I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.