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Amanda Marshall, the U.S. Attorney for Oregon, has kept close tabs on the rule-making process for the state's medical marijuana dispensary program. The state on Monday begins accepting applications for the dispensary registry.

(Beth Nakamura/The Oregonian)

When Oregon launches its medical marijuana dispensary program Monday, advocates, patients, policymakers and police will be paying close attention.

And so will the state’s top federal law enforcement official.

U.S. Attorney Amanda Marshall said this week that prosecutors in her office are analyzing the 29 pages of rules guiding Oregon’s medical marijuana dispensaries – a thriving, and until now, unchecked industry.

A new state law directed the state to create a registry of medical marijuana dispensaries. The Oregon Health Authority spent months drafting rules for the program, which begins accepting applications Monday. (

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Marshall, whose office has prosecuted large-scale medical marijuana grow sites linked with black market trafficking, said she's tracked the rule-making process for dispensaries. She said she is particularly interested in making sure Oregon's program is well-regulated and strictly enforced.

“Our goal is to see the state be successful,” said Marshall. “Our goal is not to stop the state from moving ahead with their policy decision.”

She said the state’s regulatory system must be “as robust as possible not just on paper but in practice.”

The state plans to roll out the dispensary program with two inspectors, but can add another two if they need more staff. Officials don’t know how many dispensaries will end up in the registry; advocates estimate there are between 150 and 200 outlets statewide. Starting Monday, those establishments will have to register with the state to legally operate.

“Regulation of dispensaries needs to be well-staffed and by people who are trained and equipped to be successful in regulating the industry,” Marshall said.

Marshall said she worries that the lack of background checks for dispensary employees may lead to crime. The state requires only the person registering a medical marijuana dispensary to undergo a background check; employees are not subject to the checks. The only disqualifying convictions are for the manufacture or delivery of a controlled substance.

She said that gap in background checks leaves the medical marijuana industry vulnerable to people who’ve committed financial fraud, crimes against children and even murder.

“That creates a high risk of diversion out of the dispensary and onto the street and into the black market,” Marshall said. “That’s one of the things we are really concerned about and have been since the beginning of this Oregon experiment.”

Though marijuana remains illegal under federal law, the U.S. Department of Justice’s approach to cannabis has undergone significant shifts in the past year. Late last year, the agency announced it would not challenge recreational marijuana laws in Colorado and Washington. This month it issued guidelines for the banking industry in dealing with legal marijuana businesses.

While federal officials are taking a mostly tolerant stance on marijuana, officials last year spelled out eight priorities when it comes to prosecuting marijuana crimes, most of them dealing with black market trafficking and access to minors.

Marshall said she’ll consider those priorities, as well as her office’s resources, when deciding whether to pursue marijuana prosecutions. She said marijuana is trumped by bigger worries, such as gang violence and drug and sex trafficking.

Ultimately, Marshall said she worries what that means for medical marijuana enforcement.

“I anticipate that unless the state’s regulatory system is very robust those abuses will go unchecked,” she said.

-- Noelle Crombie