Massachusetts Marijuana Prosecutions Possible: U.S. Attorney

BOSTON, MA — Massachusetts' budding recreational marijuana program has become a lot more hazy in recent days. Last week, Attorney General Jeff Sessions revoked the so-called "Cole Memo," which essentially allowed states like Massachusetts that legalized recreational marijuana to operate programs without fear of federal prosecution, as marijuana remains illegal under federal law.

New Massachusetts U.S. Attorney Andrew Lelling left the door open for possible prosecutions in the Bay State Monday, saying he would not promise immunity in what is "a straightforward rule of law issue."

"There are people and groups looking for additional guidance from this office about its approach to enforcing federal laws criminalizing marijuana cultivation and trafficking," Lelling said in a statement. "I cannot, however, provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution."

In November, Massachusetts voters approved legalizing recreational marijuana. It is currently legal for Massachusetts residents to grow marijuana on their property with certain restrictions. Retail sales are expected to begin July 1 as the state's Cannabis Control Commission finalizes regulations.

Those measures appear to clash with Lelling's view on competing federal and state laws.

"This is a straightforward rule of law issue," Lelling continued in his statement. "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."

He added, "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."

That puts Lelling at odds with Governor Charlie Baker, whose office called Sessions' move "the wrong decision."

"The Baker-Polito Administration fully supports the will of the voters and the (Cannabis Control Commission)'s mission," a spokesman said in a statement. "The administration believes this is the wrong decision and will review any potential impacts from any policy changes by the local U.S. Attorney's Office."

Eight states have legalized the sale of recreational marijuana — Alaska, California, Colorado, Oregon, Massachusetts, Maine, Nevada and Washington.

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The State House News Service contributed to this report