The U.S. Attorney at the Justice Department has mixed messages about the way he will prosecute alleged federal law violations by licensed marijuana business owners. He says that the prohibition “must be abided by” but specifies that operators of cannabis who do not comply with local laws face the greatest risk.
Ed Martin, Interim U.S. attorney for the District of Columbia made these comments even though he had recently advised a D.C. licensed dispensary about breaking federal law. He suggested that prosecutors could still take action in spite of compliance with local policies.
He wrote to the district dispensary that the operation of the dispensary appeared to violate federal law. The Department of Justice had the right to enforce the federal law even if such activity was permitted by state or local law.
Martin made it clear in his emails with Politico that he did not make a distinction when it came to cannabis-related activities, whether they were licensed or unlicensed.
He said: “Anyone who sells marijuana should have the proper licenses and documentation, or we’ll take action.”
Green Theory dispensary, which was the target of the letter from the prosecutor, is also compliant to D.C. Laws. Martin, however, has argued that they are in violation of another federal law that forbids the sale of cannabis within 1,000 feet (or less) of a school, and this is what is happening with the particular business.
Martin stated that “we should expect the federal laws to be followed and will look into any situations where there are questions.” Martin said, “If there’s a violation of the law, we will look at it closely.”
He said that Green Theory was a “referred to me by citizen” and, after a thorough investigation, “I felt the parents and families of this community were not heard enough so I decided to go and take a closer look.”
“It was referred to me by a citizen who said: ‘Have you seen this?'” Martin explained. When I investigated it, I felt that the parents and families of the community in question had not been adequately heard, so I decided to go have a closer look.
According to a different interview conducted late last month by the U.S. attorneys, shutting down dispensaries licensed for marijuana isn’t at the top of his priority list, but “his instinct tells him that they shouldn’t exist in his community.”
He said, “You must apply facts to law in context with what is happening within the community at the time.”
“I’m interested in finding out what happened.” I think—look, my instinct is that it shouldn’t be in the community based on what I saw from the parents,” Martin said. Martin said, “But I believe people and business deserve to have the chance to interact and look at it.”
“We can both go to Congress and say this,” he said. “I happen to believe that this is a good piece of legislation.”
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.
At one time, the dispensary wanted to permit marijuana consumption on-site. The business plan envisioned a “vibe similar to world famous Amsterdam Coffee Shops.” Robert 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 March 2024 letter, the District’s Alcoholic Beverage and Cannabis Administration (ABCA) argued federal law does not interfere with its medical marijuana program, which the agency said had “been subject to congressional review, and has not been disapproved or repealed.”
White House officials called District of Columbia’s decriminalization policy on marijuana a “failed” one that has “opened up the door for disorder.”
In a fact sheet about an executive order that Trump signed—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.”
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon members who pledge at least $25/month gain access to interactive maps, charts, and hearing schedules so that they do not miss anything.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
A voter-approved initiative has made it legal for D.C. residents to possess and cultivate recreational cannabis, but commercial marijuana sales remain illegal.
Due to a congressional riding that 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.
Eleanor Holmes Norton, a Democrat from Washington, DC, said this week that she will “continue fighting” against attempts by Republican colleagues to change the marijuana laws in the District. She also promised to push again for the removal of the spending bill riders which have prevented the commercialization of cannabis.
Norton did not mention that under Trump’s administration, the marijuana laws in the District have been directly threatened by the U.S. Attorney’s threats against a licensed cannabis dispensary.
California Senate Committee approves bill for psilocybin Pilot program for Veterans and First Responders
Side Pocket Images. Photo by Chris Wallis.
MEDCAN24 could not exist without readers’ support. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
