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WASHINGTON, DC – DECEMBER 15: U.S. Attorney General Jeff Sessions holds a news conference at the Department of Justice on December 15, 2017 in Washington, DC. Sessions called the question-and-answer session with reporters to highlight his department’s fight to reduce violent crime. (Photo by Chip Somodevilla/Getty Images) The one-page Marijuana Enforcement Memorandum issued by Attorney General Jeff Sessions has created uncertainty as to whether federal prosecutors now will prosecute marijuana-related businesses in the states where medical or recreational marijuana sales presently are legal under state law. Whether we soon actually will see federal enforcement will be the individual decisions of 93 United States Attorneys around the country. No sooner did the Attorney General alter more than seven years of guidance that had provided a perception of protection to marijuana-related businesses than one U.S. Attorney said he would pursue business as usual and another said the industry would be fair game for prosecution. I don’t expect federal prosecutors to rush into widespread prosecutions because of significant other policy enforcement priorities and resources. If federal prosecutors were to do so, and the “prosecuted” are in compliance with state law, then we will see constitutional challenges to the prosecutions. Three Things Marijuana Businesses Need To Do To Prepare For A More Hostile Department Of Justice

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