The attorney general of California has determined that the state could put itself and its employees at “significant legal risk” of federal enforcement action if it were to authorize interstate cannabis commerce.
In a legal opinion sent to state cannabis regulators on Tuesday, Attorney General Rob Bonta (D) said his office understands there are complex legal considerations—and that there are “strong arguments” state officials could make to contest liability if they were federally prosecuted—but that he cannot disregard the potential for legal risk.
The opinion comes in response to a request earlier this year from the California Department of Cannabis Control (DCC), seeking the attorney general’s assessment of potential liability for permitting interstate commerce under a law Gov. Gavin Newsom (D) signed last year.
While DCC argued in its request that the state would not find itself at substantial legal risk for allowing the activity, the attorney general’s opinion says it cannot rule out that possibility given the threat of federal preemption under the Controlled Substances Act (CSA) that strictly prohibits cannabis.
Read more at marijuanamoment.net