Legalized pot now in question after AG changes policy
WASHINGTON — The Trump administration freed federal prosecutors Thursday to more aggressively enforce marijuana laws, effectively threatening to undermine the legalization movement that has spread to six states, most recently California.
In a move that raised doubts about the viability and growth of the burgeoning commercial marijuana industry, Attorney General Jeff Sessions rescinded an Obama-era policy that had discouraged federal prosecutors from bringing charges of marijuana-related crimes in states that have legalized sales of the drug.
In a statement, Sessions said the Obama-era guidance undermined “the rule of law” and the Justice Department’s mission to enforce federal statutes.
“Today’s memo on federal marijuana enforcement simply directs all U.S. attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country,” he said.
In a briefing with reporters, Justice Department officials refused to say whether they intended for federal prosecutors to carry out a federal crackdown on marijuana dispensaries, or whether the Trump administration was merely creating ambiguity to chill growth of the semilegal commercial marijuana industry.
But the move seemed certain to increase the confusion surrounding whether it is legal to sell, buy or possess marijuana in the United States.
Federal law has long prohibited those activities, and in 2013, after voters in Colorado and Washington state voted to decriminalize marijuana for recreational use, the Justice Department deliberated about how to handle the resulting disconnect between state and federal law.
California began allowing the sale of recreational marijuana Monday, joining Colorado, Washington, Oregon, Alaska and Nevada. Massachusetts and possibly Maine are expected to begin sales this year.
Several lawmakers representing states that have legalized marijuana reacted angrily to the news. Among them, Sen. Cory Gardner, R-Colo., accused Sessions of violating promises he had made and threatened retaliation.
“This reported action directly contradicts what Attorney General Sessions told me prior to his confirmation. With no prior notice to Congress, the Justice Department has trampled on the will of the voters in CO and other states,” Gardner wrote on Twitter, adding: “I am prepared to take all steps necessary, including holding DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation.”