Does the Medical Marijuana Program protect against federal prosecution?

No. The U.S. Department of Justice (DOJ) has the authority to enforce civil and criminal federal laws relating to marijuana possession and use regardless of state law. Growing, distributing and/or possessing marijuana in any capacity, except through a federally-approved research program, remains a violation of federal law, and no state or local law provides a legal defense to a violation of federal law. Per DOJ guidance, however, it appears unlikely that federal authorities would bring civil enforcement actions or criminal investigations and prosecutions against growers/processors, dispensaries, physicians, seriously ill individuals or caregivers as long as they are acting pursuant to the Pennsylvania Medical Marijuana Act.


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