Understanding the Meaning of “Prescribed by Law”
Those in the cannabis industry have seen the word “prescribed by law,” or some variation of it, before. It is often used to limit activities within a jurisdiction enshrined in law. This article will explore the meaning of “prescribed by law”.
“Prescribed by law” in general use is a common limiting term found in rules and regulations, such as in this legal definition. A similar term, “prescribed by regulation” also exists, and is also used in creating or amending existing laws. The incorporation of “prescribed by law” into a law or regulation creates a limit that requires additional action, from an individual or entity, before the prescriptive powers of the law can be carried out.
This action may take the form of a license to operate, or other regulated authorization to comply with the law. In the case of cannabis, licensing requirements for hemp and marijuana operators exist in many countries and states. In addition, as we have covered here at Info Hemp, there are a multitude of relevant cannabis laws and regulations around the world.
By incorporating specific actions or pre-conditions under laws or regulations, governments, agencies, or other issuers of the laws and regulations expect to avoid potentially unnecessary actions that may be triggered as a matter of course. Instead, activities that are comprehensive prescribed by law definitions require some other triggering event or action in order to be made real or tangible. Such words or phrases are often used to justify the limitation of rights or benefits, as seen, for example, in the appropriation of property, or the expropriation of justice.
This usage of “prescribed by law” is contrasted with more open ending legal terminology, such as “not inconsistent with the public interest”. In many countries, property is only taken, and public interests defined, via a process that is not inconsistent with the public interest. In many democracies, these concepts are commonly used to facilitate rights and responsibilities that may otherwise limit or place fee, or costs, on the subject or person involved.
For many cannabis companies, “prescribed by law” or similar clauses in law can be restrictive-such as from seeking an application to cultivate hemp. In many countries, this word or phrase is limited to enshrined public benefits, such as protecting the environment, personal or actual harm, or to maintain public peace, health, and safety. This author has not personally seen any lawsuits leveraging “prescribed by law” terminology before, but the possibilities could be interesting.
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