Albuquerque Journal

Justice to crack down on legal pot?

Recreation­al use to be targeted

- BY SADIE GURMAN

WASHINGTON — The Justice Department will step up enforcemen­t of federal law against recreation­al marijuana, White House spokesman Sean Spicer said Thursday, offering the Trump administra­tion’s strongest indication to date of a looming crackdown on the drug, even as a majority of Americans believe it should be legal.

“I do believe you’ll see greater enforcemen­t of it,” Spicer said during a news conference. But he offered no details. President Donald Trump does not oppose medical marijuana, he said, but “that’s very different than recreation­al use, which is something the Department of Justice will be further looking into.”

A renewed focus on recreation­al marijuana in states that have legalized pot would be a departure from the Trump administra­tion’s statements in favor of states’ rights. A day earlier, the administra­tion announced that the issue of transgende­r student bathroom access was best left to states and local communitie­s to decide.

Enforcemen­t would also shift away from marijuana policy under the Obama administra­tion, which said in 2013 that it would not intervene in state’s marijuana laws as long as they keep the drug from crossing state lines, and away from children and drug cartels.

But the memo carried no force of law and could be rewritten by Attorney General Jeff Sessions, who has consistent­ly said he opposes legal marijuana.

Eight states and Washington, D.C., have legalized marijuana for recreation­al use. The Justice Department has several options available should it decide to enforce the law, including filing lawsuits on the grounds that state laws regulating pot are unconstitu­tional because they are pre-empted by federal law. Enforcemen­t could also be as simple as directing U.S. attorneys to send letters to recreation­al marijuana businesses letting them know they are breaking the law.

Washington’s attorney general, Bob Ferguson, said he and Gov. Jay Inslee, both Democrats, requested a meeting with Sessions about his approach to legal, regulated marijuana. Ferguson led the states in fighting off Trump’s executive order on immigratio­n in court and said Thursday he’s prepared to lead the way in defending legal marijuana, too.

“We will resist any efforts to thwart the will of the voters in Washington,” Ferguson said.

Kevin Sabet, head of the group Smart Approaches to Marijuana, said pot enforcemen­t is a matter of public safety.

“The current situation is unsustaina­ble,” he said in a statement. “States that have legalized marijuana continue to see a black market for the drug, increased rates of youth drug use, continued high rates of alcohol sales, and interstate traffickin­g, with drug dealers taking advantage of non-enforcemen­t.”

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