Massachusetts Bill Introduced That Protects Legal Marijuana Businesses

In the wake of Attorney General Jeff Sessions’ decision to rescind Obama-era guidance that protected legal marijuana businesses, legislators in Massachusetts have introduced a bill that would prohibit state and local police from participating in federal cases against people or licensed operators who follow state marijuana laws. The bill also serves as a response to the U.S. Attorney for Massachusetts, Andrew Lelling, who declined to ensure that that his office would uphold the will of Massachusetts voters, calling marijuana a “dangerous drug” and refusing to limit potential prosecutions to illicit dealers.

The State Police and the Boston and Worcester Police Departments have indicated that they will not participate in federal interdiction, but other smaller departments may still be tempted by the prospect of receiving unencumbered funds from civil asset forfeitures. This legislation, if passed, will make it much more difficult for federal agents to disrupt state-legal commerce. Representatives Dave Rogers and Mike Connolly introduced the bill, calling it the “Refusal of Complicity Act.” According to Rep. Rogers, “We have a state law, it’s valid, and we think it should be respected. If federal law enforcement has something different in mind, they can use their own resources, because Massachusetts taxpayers shouldn’t have to pay to do something that goes against our laws.”

MPP’s Will Luzier, a leader of the Yes on 4 campaign, helped to conceive the bill. “I think it will help local law enforcement agencies to have clear parameters regarding their involvement with federal actions against lawfully permitted cannabis establishments,” said Jim Borghesani, an MPP spokesman.