National Post (National Edition)

TRUMP: POT BAD, DRILLING GOOD

Expands offshore rights and starts battle with states

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The Trump administra­tion dealt a blow to the legacy of Barack Obama Thursday rolling back two signature moves by the former president — on pot and offshore drilling.

On the judicial front, Attorney General Jeff Sessions rescinded an Obama-era policy that paved the way for legalized marijuana to flourish in states across the country. The Obama policy was to discourage federal prosecutor­s from charging people in states that had legalized pot. Sessions said that undermined the rule of law and he will now allow federal prosecutor­s in those states to decide how aggressive­ly to enforce cannabis laws.

On the energy front, the Trump administra­tion moved to vastly expand offshore drilling in Atlantic waters near Maine, California’s Pacific Ocean and the eastern Gulf of Mexico — areas where drilling had been banned by Obama.

Both moves were widely criticized and set up the potential for conflict between the federal government and state authoritie­s.

Currently, eight states plus the District of Columbia have voted to legalize marijuana within their borders. But under federal law, marijuana remains a Schedule 1 controlled substance, akin to heroin.

Rolling back Obama’s policy of non-interferen­ce is likely to sow confusion about whether it is OK to grow, buy or use marijuana in states where the drug is legal.

In those states, U.S. attorneys can now decide to pursue prosecutio­ns against state-legal marijuana growers, sellers and even users.

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The move is already causing a political headache for the Trump administra­tion given the widespread public support for legalizati­on, the economic clout of the marijuana industry and the supporters legal marijuana businesses have won over in Congress.

Republican Senator Cory Gardner — from Colorado, one of the eight states — said the Justice Department “has trampled on the will of the voters.”

Sessions and some law enforcemen­t officials in states such as Colorado blame legalizati­on for a number of problems, including drug trafficker­s who have taken advantage of lax marijuana laws to illegally grow and ship the drug across state lines, where it can sell for much more. The decision was a win for marijuana opponents who had been urging Sessions to take action.

“There is no more safe haven with regard to the federal government and marijuana, but it’s also the beginning of the story and not the end,” said Kevin Sabet, president and CEO of Smart Approaches to Marijuana, who was among several anti-marijuana advocates who met with Sessions last month. “This is a victory.”

Marijuana advocates condemned Sessions’ move as a return to outdated drug-war policies that unduly affected minorities.

Sessions “wants to maintain a system that has led to tremendous injustice ... and that has wasted federal resources on a huge scale,” said Maria McFarland SanchezMor­eno, executive director of the Drug Policy Alliance. “If Sessions thinks that makes sense in terms of prosecutor­ial priorities, he is in a very bizarre ideologica­l state, or a deeply problemati­c one.”

The marijuana business has also become a sophistica­ted, multi-million-dollar industry that helps fund some government programs. Three days ago, a new legalizati­on law went into effect in California and sales in that state alone are projected to bring in US$1 billion annually in tax revenue within several years.

Meanwhile, Interior Secretary Ryan Zinke announced Thursday that responsibl­e developmen­t of offshore energy resources would boost jobs and economic security while providing billions of dollars to fund conservati­on along U.S. coastlines.

He said a five-year plan would open 90 per cent of the nation’s offshore reserves to developmen­t by private companies, with 47 leases proposed off the nation’s coastlines between 2019 and 2024. Nineteen sales would be off the coast of Alaska, 12 in the Gulf of Mexico, nine in the Atlantic and seven in the Pacific, including six off California’s coast.

Industry groups praised the announceme­nt, which would be the most expansive offshore drilling proposal in decades. The proposal follows President Donald Trump’s executive order in April encouragin­g more drilling rights in federal waters, part of the administra­tion’s strategy to help the U.S. achieve “energy dominance” in the global market.

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