An U.S. lawyer warned Friday that a local medical marijuana dispensary could be charged with violating federal law.
Green Theory is located in Washington D.C.’s Palisades district. According to a letter sent by Edward R. Martin Jr. U.S. attorney of the District of Columbia to its owners and operators, the dispensary seems to be in violation of federal laws.
It adds that “persons and entities who own, operate, or facilitate such dispensaries” (as these premises-grow centers) “may be subjected to civil and criminal enforcement action under federal law.”
Green Theory, in addition to possessing and distributing cannabis, is also “apparently operating within 1,000 foot of several schools,” including Our Lady of Victory Catholic School (also known as Our Lady of Victory Catholic School), the River School (also known as St. Patrick’s Episcopal Day School), the Lab School and Little Ivies pre-school.
There is a note that says “federal penalties can be increased when a marijuana dispensary operates within 1,000 feet from a school.”
This letter asks for a reply by 12 May with three answers.
- Do you know the federal law that prohibits marijuana dispensaries from being located near schools and other public places?
- You have addressed this issue with the federal law enforcement authorities?
- Are you able to provide documentation proving your compliance with federal legislation?
Martin wrote: “I am worried that you’re in violation of federal law,” which is intended to protect the children. This issue must be addressed.
This letter was sent to Green Theory operators Johnathan C. Crandall Robert Martin, and Ian Tsang.
The federal budget riders is crucial because it prevents DOJ from using money to interfere in state medical marijuana program. The so-called Rohrabacher–Farr amendment, named after the lawmakers who sponsored it, prohibits DOJ from spending money “to prevent [states with legal medical marijuana] “States are prohibited from adopting their own laws which authorize the possession, use, distribution or cultivation of medicinal marijuana.”
Green Theory Palisades Dispensary, located near five private school campuses, has recently been the subject of controversy in the neighborhood. Both residents and safety advocates have expressed their concerns about its location. Martin is an appointee to President Donald Trump. His letter represents the latest salvo.
It “sounds like an awesome business, just not in a corridor of so many young children,” Jackie Puente, who helped establish the advocacy group 1,000 Feet—which takes its name from the federal law creating drug-free zones around schools—told Axios D.C.
Green Theory was reportedly one of the first in D.C. to transition from being an illicit so-called “gifting shop”—which attempted to use a loophole to sell non-regulated marijuana to adults—to become part of the District’s licensed medical marijuana program.
The dispensary had a plan to allow marijuana to be consumed on site. It envisioned a similar atmosphere to that of the famous Amsterdam Coffee Shops. Martin, the co-founder, has said that they no longer plan to permit onsite marijuana consumption.
Under D.C.’s own cannabis rules, dispensaries can’t operate within 300 feet of schools, though commercially zoned areas—where schools may be located—are exempt.
In a 2024 March letter, District Alcoholic Beverage and Cannabis Administration’s (ABCA), argued that federal laws do not interfere with the medical marijuana programs, stating the program had been reviewed by Congress and “has not yet been repealed or disapproved.”
Regarding the Rohrabacher–Farr budget provision, ABCA wrote in the letter, “It is well established that cannabis is federally illegal, and that persons and entities may be subject to federal controlled substance laws. Congress also chose to repeatedly pass a budget riders protecting medical cannabis programs currently operating in the District and other states.
Outlaw Report, a cannabis-news publication in Washington, D.C., notes that Green Theory’s disagreement about location “does point out D.C.’s real estate shortage, forcing dispensaries, schools, and liquor stores into commercial zones.”
Last month, however, the White House criticized the District for its decision to decriminalize pot as a “failed policy” that had “opened up the door to chaos.”
In a fact sheet about an executive order that Trump signed on Friday—which is broadly aimed at beautifying the District and making it more safe—the White House listed several local policies in the nation’s capital that it takes issue with, including cannabis reform. This is despite President Trump having previously expressed his support for states’ rights in marijuana laws.
“D.C.’s failed policies opened the door to disorder—and criminals noticed,” it says, citing “marijuana decriminalization,” as well as the District’s decision to end pre-trial detentions and enforcement practices around rioters, as examples of such policies.
The executive order itself doesn’t mention marijuana specifically. The directive says that it will “deploy a stronger Federal presence, coordinate with local police to enable a stronger local presence in the areas around or in” Washington, D.C. and address “drug use, possession and sale.”
Under a ballot initiative approved by voters, recreational cannabis cultivation and possession is now legal in D.C. Commercial sales of marijuana are still illegal.
Due to a congressional rider, which has been renewed every year since the vote, officials in the District have been forced to take steps to increase the existing medical cannabis program.
During Trump’s first term in the White House, he maintained that D.C. rider to keep blocking cannabis sales in his budget requests, as did his successor, former President Joe Biden.
Jeff Sessions also rescinded Obama era guidelines that advised federal prosecutors generally not to interfere in state marijuana laws during Trump’s earlier term.
As advocates and industry stakeholders have waited to see how the Trump administration will navigate cannabis policy issues during the current term—and whether the president will push for reforms such as rescheduling and banking access as he endorsed on the campaign trail last year—the fact his White House’s first public mention of marijuana in its D.C.-focused fact sheet linked decriminalization to disorder sent a different message.
The new letter by the U.S. Attorney raises questions regarding the Justice Department’s position on marijuana under Trump.
This week an activist, who was pardoned for marijuana convictions during Trump’s initial term, visited the White House to discuss future options of clemency with the newly appointed “pardon-czar.”
In recent weeks, a political action committee supported by the marijuana industry has run a series ads that criticize Biden’s record in cannabis policy as well the country of Canada. They promote some misleading claims regarding the former administration and make the argument that Trump is capable of delivering on the reform.
Its latest ad accused Biden and his Drug Enforcement Administration (DEA) of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.
Adding uncertainty to that process, Trump’s pick to lead DEA, Terrance Cole, is on record repeatedly voicing concerns about the dangers of marijuana and linking its use to higher suicide risk among youth.
The current acting administrator, Derek Maltz, has separately made a series of sensational claims about marijuana, calling it a gateway drug that sets children up to use other substances, suggesting marijuana use is linked to school shootings and alleging that the Justice Department “hijacked” the cannabis rescheduling process from DEA.
Earlier this month, DEA notified an agency judge that the marijuana rescheduling process is still on hold—with no future actions currently scheduled as the matter sits before Maltz.
In a poll conducted recently, it was found that most Republicans are in favor of various cannabis reforms. Notably, Republicans are more likely than the average voter to support allowing state governments to legalize pot without federal interference.
According to the survey, a majority of voters in general (70%) and GOP voters (67%%) support reclassifying cannabis.
The survey was first noted by CNN in a report last month that quoted a White House spokesperson saying the administration currently has “no action” planned on marijuana reform proposals, including those like rescheduling and industry banking access that Trump endorsed on the campaign trail last year.
The White House has also said that marijuana rescheduling is not a part of Trump’s drug policy priorities for the first year of his second term—a disappointment for advocates and stakeholders who hoped to see him take speedier action.
Meanwhile, former marijuana prisoners who received clemency from Trump during his first term staged an event outside the White House last week, expressing gratitude for the relief they were given and calling on the new administration to grant the same kind of help to others who are still behind bars for cannabis.
Federal Judge rules that insurance companies are not required to cover medical marijuana.