On January 4, a few days after marijuana became legal in California, Attorney General Jeff Sessions announced that he was rescinding the Obama Administration policy of non-interference with State marijuana laws. Though marijuana remains illegal under Federal law, the Obama Justice Department had issued guidance discouraging enforcement of that law in States where the substance has been legalized.
Eight States and the District of Columbia now have laws allowing for recreational marijuana use, and many more permit the use of medical marijuana.
In a memo to U.S. attorneys, Sessions said prosecutors should disregard the old guidance and instead use their discretion in determining whether charges were appropriate. Sessions wrote:
“In deciding which marijuana activities to prosecute under these laws with the department’s finite resources, prosecutors should follow the well-established principles that govern all Federal prosecutions. … These principles require Federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including Federal law enforcement priorities set by the attorney general, the seriousness of the crime, the deterrent effects of criminal prosecution, and the cumulative impact of particular crimes on the community.”
The move injected uncertainty into the growing industry in regions of the country that have legalized the drug and drew strong criticism from some Members of Congress, especially those whose States are affected.
Republican Senator Cory Gardner of Colorado, the first State to legalize recreational marijuana, threatened to hold up confirmation of Justice Department nominees if Sessions doesn’t reverse the decision. In a Senate floor statement, Gardner said,
“… legal businesses, operating in accordance with States’ rights and laws, are now operating under a cloud of uncertainty. Thousands of jobs and millions of dollars in revenue are at risk, and certainly the question of constitutional States’ rights is very much at the core of this discussion. I believe what happened today was a trampling of Colorado’s rights and its voters.”
Representatives Jerrold Nadler (NY-D), Sheila Jackson Lee (TX-D), and Steve Cohen (TN-D), all members of the House Judiciary Committee, said they fear the change will “lead to the imposition of harsh criminal penalties on small-time marijuana users who are in compliance with the laws and norms of their States.”
For more on this topic, see the October 2014 issue of Congressional Digest on “Marijuana Policy.”
