Even So, Officials At The Department Of Justice Have Now Twice Instructed Field Prosecutors That They Should Generally Decline To Enforce Congresss Statutory Command When States Like Colorado License Operations Like Thc.

v. IRS ), Gorsuch ruled against the owners of a Colorado dispensary who had refused to turn over data to the Internal Revenue Service because they feared they would be incriminating themselves, since marijuana remains illegal under federal law: This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs and Ms. McDonald run Total Health Concepts, or THC, a not-so-subtly-named Colorado marijuana dispensary. They run the business with the blessing of state authorities but in defiance of federal criminal law. Even so, officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congresss statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug http://www.michiganmedicalmarijuana.biz laws. So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will. Yes, the Fifth Amendment normally shields individuals from having to admit to criminal activity, Gorsuch explained. But, the IRS argued, because DOJs memoranda generally instruct federal prosecutors not to prosecute cases like this one, the petitioners should be forced to divulge the requested information anyway. So it is the government simultaneously urged the court to take seriously its claim that the petitioners are violating federal criminal law and to discount the possibility that it would enforce federal criminal law. Outside of those cases, there isnt much on Gorsuchs pot stance to go on.

To read more visit https://www.yahoo.com/news/where-does-trump-supreme-court-nominee-neil-gorsuch-stand-on-marijuana-law-201708268.html

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