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The multiple drug raids executed Tuesday morning in Lewiston and Auburn raise further questions about the conflicts between state and federal drug laws.

The raids came only weeks after U.S. Attorney Halsey Frank for the District of Maine said, in response to questions about whether his office would change its approach to enforcing federal laws against marijuana possession and use, that while such cases have not been a priority, he could not say that would continue.

U.S. Attorney General Jeff Sessions last year repealed an Obama administration policy that said the federal government would not pursue those cases in most circumstances.

The Obama policy was adopted as more states were making the sale and use of small amounts of marijuana legal for recreational or medical purposes.

In Maine, both medical marijuana and recreational use by adults 21 and older is legal, although state officials are still working out the details on how to regulate sales of recreational marijuana.

Frank’s statement did not provide much clarity for medical marijuana businesses that are already operating, or for the emerging market for recreational marijuana, which has the potential to be a multimillion dollar industry in Maine.

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Frank said in January that growing, distributing and possessing marijuana is illegal under federal law and “my job is to enforce federal law, not countermand it.” 

Frank also said that while he has some discretion in determining whether to prosecute a case, “I do not have the authority to categorically declare that my office will not prosecute a class of crime or persons.”

In light of Sessions’ decision, Frank said, his office will operate on a case-by-case basis, balancing the Justice Department’s policies and his office’s resources.

He listed the department’s priorities, but did not include enforcing marijuana laws among them.

“This office has prioritized the prosecution of cases involving the trafficking of opiates, cocaine, crack and similar hard drugs,” he said.

“We have also prosecuted large-scale marijuana distribution organizations and did so even while operating under the recently rescinded DOJ guidance. Prosecution of drug possession cases has not been a priority.”

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