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A Note Regarding Federal Law

Lane Powell provides counsel on Alaska, Oregon and Washington state laws governing cannabis to ensure compliance with the applicable state law. Federal law currently conflicts with state laws, and compliance with state law does not confer immunity from federal enforcement policies. The possession, distribution, and manufacture of marijuana and marijuana-based products are illegal under federal law, regardless of state law which may, in some jurisdictions, decriminalize such activity under certain circumstances. Although the U.S. Department of Justice has noted that an effective state regulatory system, and compliance with such a system, should be considered in the exercise of its investigative and prosecutorial discretion, its authority to prosecute violations of federal law is not diminished by the passage of state laws that may permit such activity. At any time, law and policy may change either to enhance or inhibit the industry.