Infant Removed from Home Over Medical Marijuana

Child Protective Services in Michigan took 6-month-old, Bree Green, from her home simply because her mother was a medical marijuana caregiver. As a medical marijuana caregiver, Maria Green is allowed by law to grow or acquire marijuana for use by authorized patients. Her husband, Steve Green, uses this medical marijuana to treat his epilepsy.

According to the Michigan Medical Marijuana Act, no person can be denied custody for acting in accordance with the act—unless they are a danger to the minor.

It all started with Maria's ex-husband filed a complaint with CPS regarding the medical marijuana. CPS sprang into action and removed the child. Ingham County Family Court Referee Rod Porter even upheld the removal because he said it was dangerous for children to be in a home with marijuana because it could attract armed robbers.

"By the same logic, the state should take away the children of parents who reside in high crime areas because they might be put in danger from criminal elements."

                                                                   ---Kris Hermes, Americans for Safe Access

When the Green's requested a hearing to reconsider Bree's removal, Family Court Judge Richard J. Garcia upheld Porter's decision. The baby is now currently living with Maria's mother—over 140 miles away--and the Green's have weekly visitation.

This is sad news for medical marijuana patients and activists everywhere. According to Americans for Safe Access, these types of child custody issues still exist in part because of a bias against medical marijuana patients that are held by CPS workers, judges, and prosecutors. 

How Exactly Will the DOJ Keep Marijuana Off Federal Land?

When the DOJ announced that they would not go after individuals who followed state legalized marijuana laws, they also did so apprehensively. According to their instructions, there were eight federal priorities that they wanted Washington and Colorado to address. One of those priorities was to keep marijuana use and possession OFF of federal land. This includes the many state parks located throughout Washington.

While state officials have no plans to license any stores or gardens on federal land, this is not the only issue at hand. Since individuals do not always adhere to rules and regulations, Washington is left trying to figure out how to enforce this rule—in order to stay compliant with federal requests. Another words, how do you keep backpackers, tourists, and campers from bringing legalized marijuana into Mount Rainier National Park or other national parks across the State?

In fact, just this year at least 146 people in Washington and 135 people in Colorado have been cited for bringing pot onto federal land. One of those people was former schoolteacher Melanie Cease of Seattle. She was at a secluded campsite in Olympic National Park when a park ranger approached her. He saw her empty pipe lying on the picnic table and immediately reached for his gun. With his hand on his gun, he demanded that she turn over whatever pot she possessed and then cited her for having a "trace amount" of marijuana.

Now, she is facing six months in jail and $5,000 fine for using her medicinal marijuana, even though it is now legal throughout the State of Washington. Sadly, she didn't even know she was breaking the law.

So how will the state and the DOJ ensure that marijuana remains off federal land? It seems that only time will tell. Until then, the media and others in the marijuana business are trying to get the word out and educate marijuana users about the new legalized marijuana laws.

Washington Regulators Change Marijuana Laws to Appease Feds

The Washington State Liquor Control Board is making a few changes to keep their rules more in-line with federal laws. In particular, they are changing where marijuana retail stores will be allowed to operate. This will protect marijuana businesses and keep Washington on-track to begin issuing licenses at the end of this year.

When they first began to develop rules for legal marijuana, Washington tried to depart slightly from the federal rule that no one is allowed to sell drugs within 1,000 feet of a school. They wanted to allow stores to count the 1,000 feet along the road, instead of "as the crow flies". This would've allowed more marijuana stores to operate; however, now they are changing their minds.

If the federal government plans on enforcing their 1,000 feet rule "as the crow flies", then Washington doesn't want any of their retail stores to get harassed. As such, they are changing the rules to be more reflective of the federal law.

Even with the new rule change, Washington is on track to finalize its rules and start accepting applications for licenses in November. The hope is that the new rules will allow Washington marijuana businesses to operate without fear of federal prosecution. They also wish to calm the federal government's fears about newly legalized marijuana.

Feds Look to Legalize Marijuana Industry Banking

Washington's banks and financial institutions are still hopeful that they will be able to do business with legalized marijuana businesses without fear of prosecution. Deputy Attorney General James Cole told Congress that banks and financial institutions have been afraid to let marijuana-related businesses open accounts for fear of criminal prosecution.

This has been an ongoing problem since 1996 when California voters made it legal to use medical marijuana. Federally insured banks and other financial institutions were at risk for being prosecuted for drug racketeering, and thus refused to do business with medical marijuana dispensaries.

Since the Justice Department first announced its more permissive marijuana enforcement policy, marijuana advocates have been quick to point to banking issues as a roadblock to success. Legitimate marijuana businesses that operate on a cash-only basis are open to criminal activity, such as tax evasion, money laundering, and theft. It also presents a public safety concern because cash-only businesses could result in the presence of firearms and other weapons.

In addition to banking issues, the Justice Department is still trying to figure out how they will protect states where marijuana is still illegal from being infiltrated with legal marijuana from neighboring states. DEA chiefs are certain that "when marijuana will be fully legal to buy, diversion of the drug will explode". 

New DOJ Policy Doesn't Change Taxes for Marijuana Businesses

The DOJ's announcement that it does not plan to prosecute individuals and businesses in states that have legalized marijuana has many in Washington breathing a sigh of relief. Unfortunately, the federal response does little to change the IRS's opinion of the pot industry. While there has been no IRS announcement regarding the legalized marijuana industry, there is no indication that they plan to lay off the tax attack they have levied against marijuana income.

Some say that the federal tax situation is perhaps the biggest threat to the legalized marijuana business and could force the entire industry underground. Businesses that are not allowed to take tax deductions are caught paying hefty taxes and subject to IRS audits and scrutiny. Yet if the federal government wants to prevent an underground or black market from emerging, they need to treat legalized marijuana as a business—in every sense, including taxes.

If the IRS allowed marijuana businesses and growers to operate as legal businesses, then those owners would be allowed to deduct business expenses, such as rent, salaries, and other expenses. As it stands now, they are not allowed these important deductions, but are still taxed on the income they receive

There are currently a few ways around the IRS taxes; however, none of them are ideal and create headaches and potholes for newly emerging marijuana businesses. Some have chosen to run other businesses and sell marijuana on the side, other have toyed with operating as a nonprofit social organization or a cooperative. Unfortunately, unless the laws change quickly, it seems that the IRS could doom an entire industry before it even begins.

Justice Department Gives Green Light to Washington Legalized Marijuana

The Justice Department announced today that it has made its decision regarding marijuana in states that have legalized it. Even though marijuana is still illegal under federal law, the Justice Department will allow individuals in Washington and Colorado to use, grow it with a license, and even buy marijuana, so long as it is kept away from kids, federal property, and the black market. This is a huge win for Washington's newly emerging legalized marijuana market.

The Justice Department's green light gives these states the right to license growers and sellers without the fear of federal punishment, prison time, and asset seizure. It also encourages other states that are seeking to legalize marijuana in the upcoming years, such as Alaska who is already slated to vote on it next year.

This new marijuana policy is being referred to as a "trust but verify" approach between the federal government and the states that legalized marijuana. The government expects the states and local authorities to implement strong and effective regulations regarding marijuana use. It also expects them to apprehend those individuals who break these regulations or who abuse them. If states do not handle these individuals sufficiently or if a black market emerges that becomes dangerous, the federal government may seek to challenge the regulatory structure.

The federal government's main priorities involve preventing the distribution to minors and preventing the diversion of marijuana outside of the legal states to illegal states. They are also going to be vigilant in preventing authorized marijuana activity from being used as a cover for trafficking other illegal drugs. In addition, they are also concerned with drugged driving and with preventing marijuana growth and possession on public land or federal property.