The top federal prosecutor in Massachusetts offered no guarantees on Monday that he would take a hands-off approach to legalized pot, injecting a new layer of uncertainty and confusion into the commercial marijuana industry as it looked to gain a foothold in the state.
U.S. Attorney Andrew Lelling said in a statement that while he understood the desire for guidance on the federal approach to the state’s voter-approved recreational marijuana law, he “cannot provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”
Such determinations would be made on a “case-by-case basis,” he added.
“I’m not sure what type of message that sends or what type of security that gives you,” said Speaker of the House Robert DeLeo. “Or lack of security, I should say.”
“They could go after anyone because it’s all against federal law,” said Jonathan Napoli, a cannabis consultant who also owns The Boston Gardener, which supplies individual growers and dispensaries with soil, lamps and other paraphernalia.
The Yes on 4 Coalition, which spearheaded the 2016 ballot campaign, had publicly called for Lelling to provide “clear, unambiguous answers” to several questions, including whether his office would prosecute businesses that are granted licenses by state cannabis regulators to grow, produce, test or sell marijuana legally in Massachusetts.
U.S. Attorney General Jeff Sessions moved last week to rescind the so-called Cole Memorandum, an Obama-era Justice Department policy that, in general, called for non-interference with legal marijuana operations in states. Eight states, including Massachusetts, have legalized adult use of recreational pot.
Lelling took office in December after being nominated by President Donald Trump and confirmed by the U.S. Senate. His comments on Monday expanded on an earlier statement last week that promised enforcement of serious federal crimes but did not directly address the recreational marijuana issue.
“This is a straightforward rule of law issue,” said Lelling. “Congress has unambiguously made it a federal crime to cultivate, distribute and/or possess marijuana.”
“A compliant dispensary, I’d be shocked if he went after that,” said Napoli. “But there’s no guarantees.”
