Finance

The marijuana industry just scored a huge legal victory without setting foot inside court

Read in app
Harborside medical marijuana dispensary
Dani Geen holds a 1 1/2 gram 'care packages' of medical marijuana at the Harborside Health Center in Oakland, Calif., where, until recently, the center had a program that gave out free weekly "care packages" to about 600 patients on unemployment or pensions.  AP Photo/Ben Margot

The marijuana industry scored a significant victory on Tuesday when the US Department of Justice just dropped its four-year-long attempt to shut down Harborside Health Center in Oakland, California, the largest dispensary in the US, The San Francisco Gate reported.

The DOJ's decision to drop the case could gesture a "new model" for dealing with marijuana, Robert MacCoun, a law professor and drug-policy expert at Stanford University, told SF Gate.

"The framework is moving from the war on drugs to tricky issues of regulation, taxation and who is going to be in control of this major new industry," he added.

While the DOJ didn't respond to the SF Gate's request for comment, local officials commend the decision.

"We celebrate the release from federal prosecution," Oakland Mayor Libby Schaaf said at a press conference, as SF Gate reported. "We believe in compassion, we believe in health."

Aside from the perceived healthcare benefits, marijuana also drives economic growth.

The entire marijuana industry — including the impacts associated with legalization, like tourism — is projected to pump up to $44 billion into the economy by 2020, if the trends continue, according to a report highlighted by Business Insider UK's Matthew Nitch Smith.

Legal marijuana sales in the US alone spiked to $5.4 billion in 2015, up from $4.6 billion in 2014. Sales are projected to hit $7.1 billion in 2016.

Despite individual states legalizing marijuana for various purposes, the drug remains illegal under federal law, and the DOJ remains committed to enforcing the Controlled Substances Act.

Attorneys for Harborside fended off the shutdown, however, by invoking the Rohrabacher-Farr Amendment which prevents the government from spending federal dollars to shut down dispensaries compliant with state laws, according to MJBizDaily.

Harborside Health Center marijuana
In this Feb. 1, 2011 photo, Harborside Health Center employee Gerard Barber stands behind medical marijuana clone plants at Harborside Health Center in Oakland, California.  (AP Photo/Jeff Chiu)

In Colorado, where the possession and sale of marijuana for recreational purposes is legal, dispensaries have been forced to operate as cash-only businesses. Most banks have refused to process marijuana-linked money, fearing legal repercussions at the national level.

A federal court even refused access to a master account for The Fourth Corner, a credit union set up by Colorado's state government to help dispensaries access banks.

Right now, only four states — Alaska, Colorado, Oregon, and Washington — plus Washington, DC, allow the possession of recreational marijuana. And medical marijuana is currently legal in 24 states.

Californians will likely have a chance to vote for full legalization of recreational marijuana on November 8.

Read next

Jeremy is the founder and editor-in-chief of Cultivated Media, a newsletter bringing readers inside the emerging cannabis industry. Beyond his reporting, Jeremy is studying for his MBA at Columbia Business School and holds a certificate in cannabis pharmacology from the University of Vermont where he studied as a cannabis media fellow. Jeremy was formerly a senior reporter at Insider where he focused on the cannabis industryJeremy has covered the bumpy rollout of Canada's cannabis legalization, the boom in cannabis companies going public (and the resulting fallout), multibillion-dollar mergers between cannabis companies and corporations from other industries, the ongoing health effects from vaporizers, the mislabeling of CBD products, and how the world's largest financial, legal, and political institutions are reacting to and planning for legalization. He has also gotten scoops and broken news on layoffs affecting cannabis companies, startups raising money, banks and law firms building specialized cannabis practices, tracked which companies and individuals are profiting from cannabis, and profiled some of the top executives, investors, and leaders in the industry.He is a sought-after expert on cannabis business and policy, frequently speaking to the media and at industry conferences.