Recreational Pot at Nursing Homes, Group Homes, etc. in Colorado and Washington

[doreen]

@OldOlds

Here’s a question for the lawyers:

If the state legalizes something, and the Federal government states publicly that it is not planning to enforce the federal laws, but later decides to do so, would those “promises” have any standing in court?

I have a different question- for anyone. Where did the Feds state any such thing- all I’ve been able to find is this ttp://www.justice.gov/iso/opa/resources/3052013829132756857467.pdfhttp://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf which does not say the Feds won’t enforce their laws, but is supposed to guide federal prosecutors in the use of their discretion and resources, and talks about certain marijuana operations in “well regulated states” being less likely to impact Fedral priorities, but also states that neither this guidance not local laws provides a defense for violations of Federal law, and that nothing in this guidance precludes investigation and prosecution where it “serves an important Federal interest”.

That’s not a promise- and I hope people aren’t saying that the Feds have agreed to defer to states, or promised not to enforce Federal laws based on this.

[psychonaut]

@Lamar_Mundane

So while technically true, it is pure pedantry and just attempts to muddy the waters.

But lawyers and insurance adjusters are pedants, and they’re the ones whose opinions are going to count most when the care homes decide whether “technically illegal” recreational marijuana use will be permitted on the premises.

I can well imagine that if recreational marijuana use were permitted by a care home, and that this resulted in or contributed to some damage, death, or injury, and that the care home were sued as a result, then its liability insurer would love to deny its claim on the basis that it was engaged in illegal behaviour. And I can equally well imagine that the care home’s lawyers would advise it that while they could sue the insurer to force payment of the claim, the lawsuit would be very expensive, very time-consuming, and not guaranteed of success.

And finally, I can imagine that any care home worth its salt will have already considered the above scenario and forseen that the extreme cost of such a lawsuit would outweigh the negligible benefit received by permitting recreational marijuana use.

[Ethilrist]

@doreen

I have a different question- for anyone. Where did the Feds state any such thing- all I’ve been able to find is this ttp://www.justice.gov/iso/opa/resources/3052013829132756857467.pdfhttp://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf …

That’s not a promise- and I hope people aren’t saying that the Feds have agreed to defer to states, or promised not to enforce Federal laws based on this.

That PDF not only doesn’t promise, it says the opposite…

@That PDF

The Department’s guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests. A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice.

So, since we’re starting to hear that people are going back to the illegal because it’s cheaper than OTC, and they can’t get prescriptions, the system is not being effective in practice and the Feds can drop the hammer on all the legal operations and users any time they feel like it.

[Fear_Itself]

@psychonaut

Is it? My understanding is that it’s still very much illegal under federal law.

If by “very much illegal” you mean “hardly at all illegal” then yeah:

The massive 1,603-page omnibus spending bill released by lawmakers on Tuesday will prevent the Department of Justice from using any funds to go after marijuana patients and providers in states with medical marijuana programs.

The Rohrabacher-Farr amendment was introduced and approved earlier in May by the House and is included in the omnibus after intense negotiation between leaders of both the Senate and House appropriations committees. As a result, over 20 different states with some form of medical marijuana program will be shielded from the DOJ and the Drug Enforcement Administration.

“None of the funds made available in this Act to the Department of Justice may be used…to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana,” the legislation states in Section 538.

Spending Bill Will Fully Protect Medical Marijuana From The Feds

[psychonaut]

@Fear_Itself

If by “very much illegal” you mean “hardly at all illegal” then yeah:http://dailycaller.com/2014/12/10/spending-bill-will-fully-protect-medical-marijuana-from-the-feds/

Sorry if I missed it, but what does any of this have to do with recreational (as opposed to medical) use of marijuana?