Delaware Online: “Feds say Del.’s dispensary plan could bring prosecution. Delaware’s legalization of medical marijuana has fizzled in the wake of legal opinions that growers, distributors and state employees could be prosecuted under federal drug laws. Gov. Jack Markell has suspended the regulation-writing and licensing process for medical marijuana dispensaries — effectively killing the program — and criticized the federal government for sending mixed signals on law enforcement”
The Delaware United States Attorney office sent a letter to Delaware Governor Jack Markell dated February 9, 2012, that said in part:
“[G]rowing, distributing and possessing marijuana, in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities . . . . Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes. . . . State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under” the Controlled Substances Act”
Here is Governor Markell’s February 12, 2012, statement on this issue:
“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe.”
