Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served
Does medical marijuana program protect against federal prosecution?
State laws regarding medical marijuana use may not protect everyone from federal prosecution due to a new view by federal authorities.
In Pennsylvania, medical marijuana use has recently been made legal. According to the Commonwealth of Pennsylvania, the Pennsylvania Medical Marijuana Act passed under Act 16 of 2016. The Act allows residents with certain serious medical conditions, including autism, cancer, multiple sclerosis, Parkinson’s disease and post-traumatic stress disorder, to use marijuana to alleviate pain and potentially improve their quality of life. However, even though it has been made legal in the state, any type of marijuana use is still illegal according to federal regulations.
Looking at federal regulations
According to a 2013 memo from the U.S. Department of Justice, marijuana is considered a dangerous and illegal drug. Federal authorities see the substance as being a revenue source for gangs, cartels and other criminal groups. With the legalization of marijuana in some states, the Department of Justice refocused some of their efforts to ensure the limited resources were being used against significant threats rather than people using the drug according to state laws. Some of the priorities the Department of Justice use when determining which cases are worth pursuing, include the following:
- Cracking down on driving under the influence
- Prohibiting the use of public lands to grow marijuana
- Preventing drugs from crossing into states where its use is not legal
- Stopping the distribution to minors
Beyond the priorities set, the federal authorities rely on local agencies to handle marijuana use according to state laws. In other words, anyone using the drug in accordance with the Medical Marijuana Act may not have to worry about being prosecuted for a federal crime according to this guidance.
Seeing a shift
A 2018 memo from the Office of the Attorney General shows a new take on the prosecution of marijuana use. Rather than follow the guidance that protected individuals, growers and distributors who followed state laws, prosecutors are now being encouraged to widen their search.
Understanding the changing stance
This does not necessarily mean that everyone involved in the legal marijuana trade are in danger of being investigated. Instead, it means federal prosecutors have to determine whether the use affects the community in negative ways. It is hard to know who will be affected by this change in view. It is possible all growers, shopkeepers and distributors could face federal repercussions. Another possibility is that this new stance was brought about to simply slow down the growth of legal marijuana use.
Some Pennsylvania residents who suffer from serious medical conditions are able to use marijuana legally according to the state’s Medical Marijuana Act. If anyone using the drug according to the Act is concerned about being charged with possession, it may be beneficial to work with an attorney who is familiar with this type of criminal law case.
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served