Sep 27, 2019 | Blog
LANSING – Taking steps to protect Michigan’s emerging marijuana industry and its consumers, Attorney General Dana Nessel joined a bipartisan group of 21 Attorneys General Monday, urging Congress to pass legislation that allows legal businesses to access the federal banking system.
Under existing law, financial institutions are prohibited from providing banking services to marijuana businesses in the 33 states and other U.S. territories where medical or retail marijuana sales are legal. As a result, businesses that comply with state law are forced to operate as cash-only businesses, posing serious safety threats and creating targets for violent and white-collar crime.
The legal marijuana industry employs hundreds of thousands of Americans nationwide and is expected to provide more than 40,000 jobs in Michigan by the time the market is fully established, according to the Michigan Cannabis Industry Association. It is estimated that the industry will generate revenue between $50 billion and $80 billion nationally over the next decade.
“All legal and legitimate businesses should have a safe place to deposit their revenue and not have to rely on under-the-floor safes to store their legally earned money,” Nessel said. “This is not just a states’ rights issue, this is an issue of safety. The expansion of Michigan’s market to include legal sales of recreational marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors.”
In their letter, the Attorneys General say that the legislation (H.R. 2093; S. 1028) would provide businesses oversight and reduce the risk of violent and white-collar crime affecting the growing industry by allowing marijuana businesses to access the federal banking system. The “STATES” (Strengthening the Tenth Amendment Through Entrusting States) Act already has bipartisan support with 62 cosponsors in the U.S. House and 9 cosponsors in the U.S. Senate.
Nessel joins the Attorneys General of Alaska, California, Colorado, Connecticut, the District of Columbia, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in sending this letter.
A copy of the letter is available here.
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May 13, 2019 | Uncategorized
Michigan Attorney General Dana Nessel is taking measures to move the marijuana industry in the state forward by trying to troubleshoot legal issues and supporting federal legislation that would make it easier for weed businesses to bank their money.
This week she announced she’s started a legal work group on medical and recreational marijuana issues to regularly review and analyze laws and regulations that affect the Michigan market.
“We are working hard now to avoid the years of uncertainty, lawsuits, appeals and uncertainty that followed the enactment of Michigan’s Medical Marijuana Act in 2008,” Nessel said in a statement. “With new laws and regulations on the books, particularly concerning recreational marijuana, I am confident this diverse group collectively has the knowledge, experience, and thus credibility to make recommendations that will be accepted and implemented by all involved.”
The state of Michigan has also faced numerous lawsuits over its implementation of the 2016 law — the Medical Marihuana Facilities Licensing Act — in the past year. Most recently in April, Court of Claims Judge Stephen Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to a market of unlicensed businesses.
Also this week, Nessel joined a group of attorneys general from 38 statesin bipartisan support of a proposed federal law — the Secure And Fair Enforcement (SAFE) Banking Act (H.R. 1595). The measure would allow legitimate marijuana businesses to use the federal banking system.
“All legal and legitimate businesses should have a safe place to put their revenue and not have to rely on under-the-floorboard safes to store their legally earned money,” Nessel said in a statement. “Michigan expanding its market to include legal recreational sales of marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors, keeping everyone safe in the process.”
The bill received the approval of the federal House Financial Services Committee in March, and now awaits the vote of the full House.
Nessel has brought a new approach to marijuana to the attorney general’s office since starting her tenure in January. By February she announced she had dismissed charges against four people in two pending marijuana cases.
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May 15, 2017 | Blog, News
MEMORANDUM FOR ALL FEDERAL PROSECUTORS
FROM: THE ATTORNEY GENERAL~
SUBJECT: Department Charging and Sentencing Policy
May 10, 2017
This memorandum establishes charging and sentencing policy for the Department of Justice. Our responsibility is to fulfill our role in a way that accords with the law, advances public safety, and promotes respect for our legal system. It is of the utmost importance to enforce the law fairly and consistently. Charging and sentencing recommendations are crucial responsibilities for any federal prosecutor. The directives I am setting forth below are simple but important. They place great confidence in our prosecutors and supervisors to apply them in a thoughtful and disciplined manner, with the goal of achieving just and consistent results in federal cases.
First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense. This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency. This policy fully utilizes the tools Congress has given us. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.
There will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. In that case, prosecutors should carefully consider whether an exception may be justified. Consistent with longstanding Department of Justice policy, any decision to vary from the policy must be approved by a United States Attorney or Assistant Attorney General, or a supervisor designated by the United States Attorney or Assistant Attorney General, and the reasons must be documented in the file .
Second, prosecutors must disclose to the sentencing court all facts that impact the sentencing guidelines or mandatory minimum sentences, and should in all cases seek a reasonable sentence under the factors in 18 U.S.C. § 3553. In most cases, recommending a sentence within the advisory guideline range will be appropriate. Recommendations for sentencing departures or variances require supervisory approval, and the reasoning must be documented in the file .
Any inconsistent previous policy of the Department of Justice relating to these matters is rescinded, effective today.
Each United States Attorney and Assistant Attorney General is responsible for ensuring that this policy is followed, and that any deviations from the core principle are justified by unusual facts.
I have directed the Deputy Attorney General to oversee implementation of this policy and to issue any clarification and guidance he deems appropriate for its just and consistent application.
Working with integrity and professionalism, attorneys who implement this policy will meet the high standards required of the Department of Justice for charging and sentencing.
Attorney General Release Document Link
