U.S. Justice Department Issues Memo Regarding the Prosecution of Medical Marijuana Patients and Caregivers Relevant to Montana

On October 19, 2009, the U.S. Justice Department issued a Memorandum to Selected United States Attorneys regarding federal prosecution of medical marijuana patients and caregivers who are in legal compliance with their respective state medical marijuana law. The memo states:

"As a general matter, pursuit of [the prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks] should not focus federal resources in your States on
individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. ."

U.S. Attorney General Eric Holder stated:

“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana.”

Although Montanan's passed legislation legalizing the use of medical marijuana, patients and caregivers can still face federal drug charges even though the patient or caregiver is in compliance with Montana state law. Montana requires a series of steps for a person to become eligible to obtain a medical marijuana card allowing him or her the lawful ability to use marijuana for medicinal purposes. This memo provides insight into the priorities of the U.S. Justice Department. You can read the New York Times article on the memo here.