Top 10 Red Herrings Of The Marijuana Industry

Hilary Bricken

A red herring is “something that misleads or distracts from a relevant or important issue.” The marijuana industry has more than its fair share of red herrings and the below 10 deserve a call out because of their prevalence and importance:

1. Federal enforcement memoranda mean the Feds are taking it easy on the marijuana industry. 

I wish this were true of these memos, but it is not. Witness what the Feds recently did to the Kettle Falls Five. The Department of Justice continues to actively pursue cannabis businesses in states with loose medical marijuana laws. Most importantly, the memos do not legally mean a thing. They are meant to guide individual U.S. Attorneys regarding federal drug law enforcement in states with marijuana legislation. They cannot be used as a defense in a marijuana criminal case, and they do not represent a change in federal drug laws. Plus, federal agencies...

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