The attorney general of California has determined that the state could put itself and its employees at “significant legal risk” of federal enforcement action if it were to authorize interstate marijuana commerce.
In a legal opinion sent to state cannabis regulators on Tuesday, Attorney General Rob Bonta (D) said there are “strong arguments” that state officials could be federally prosecuted for implementing a law that permits cannabis imports and exports between consenting legal states.
The opinion comes in response to a request earlier this year from the California Department of Cannabis Control (DCC), seeking the attorney general’s assessment of potential liability for permitting interstate commerce under a law Gov. Gavin Newsom (D) signed last year.
While DCC argued in its request that the state would not find itself at substantial legal risk for allowing the activity, the attorney general’s opinion says it cannot rule out that possibility given the threat of federal preemption under the Controlled Substances Act (CSA) that strictly prohibits cannabis.
The law Newsom signed stipulated that the governor would be authorized to enter into interstate commerce agreements with other legal states if federal law or guidance changed, or if the state attorney general ruled out the possibility of “significant legal risk.”
“We appreciate the Attorney General’s conclusion that the arguments supporting interstate agreements are ‘strong,’” a DCC spokesperson said in a statement shared with Marijuana Moment on Wednesday. “Unfortunately, even strong arguments cannot put novel questions beyond all debate. If you are looking for certainty, you will not find it in cannabis.”
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