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Legalization of Marijuana

The legalization of marijuana is a very controversial issue, there are several states that have legalized recreational use. There are several publicly traded companies that are selling stock, that are in the marijuana industry. Several of these have lied on financial statements, etc. How should the federal government react to securities fraud that involves companies selling a product that is illegal under federal law?

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Marijuana Securities Fraud

American investors have numerous options to invest their funds, including mutual funds, index funds, or exchange-traded funds (ETFs) among other forms of investment. However, the legalization of marijuana in some states has created a new investment avenue.  Most of the companies in the marijuana selling business have started selling shares of stocks to investors. While such companies operate legally under state law, marijuana remains illegal under federal law. The government should stop any securities fraud that sells marijuana despite the product being illegal at the Federal level.

The government should criminalize passive income generation from marijuana stocks. Initially, the Obama administration passed a policy that prevented federal interference in states that had legalized marijuana. However, Attorney Jeff Sessions rescinded the laws in January 2018 (Speights, 2019).  The move meant that Federal attorneys could prosecute citizens in possession of Marijuana, including medical marijuana. Now, the department of justice can target any companies selling marijuana stocks and subject them to litigation to protect American citizens from investing in the highly volatile and illegal marijuana stocks.

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The Federal should deny security clearance for anyone involved with marijuana stocks. The Department of Justice Central Adjudication Facility (CAF) has already considered an investment in marijuana stocks as a security clearance concern. In other words, any American who desires a national security career should not have an investment in marijuana stocks. The process should ensure that such individuals "can follow the rules whether they agree with them or regardless of whether their state government does" (Kyzer, 2020).  The strict enforcement of such laws will protect many Americans from the illegal sale of marijuana stocks. Until marijuana becomes legal at the Federal level, investors should stay away from any investment on the same.




Kyzer, L. (2020, December 14). Owning Marijuana Stocks and Your Security Clearance.

Speights, K. (2019, September 4). What Are the Risks of Investing in Marijuana Stocks? The Motley Fool:

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