The politics of pot has left states divided. Only six states, so far, have already legalized marijuana for both recreational and medical use -- most of them blue west coast states including Washington, and, most recently, California. The golden state's future pot economy has been valued in the billions of dollars.
Twenty-one other states have approved marijuana for medicinal use, and two others plus D.C. have legalized both uses, poised to begin sales as early as this year.
However, the issue of legalization has long been opposed by Attorney General Jeff Sessions who as a senator said in 2016 during a narcotics control hearing:
“This drug is dangerous; you cannot play with it,” said Sessions. “It's not funny; it's not something to laugh about. Trying to send that message with clarity that good people don't smoke marijuana.”
Less than two years later, now Attorney General Sessions issued a new memo to U.S. Attorneys nationwide, rescinding an Obama era policy, outlined in the “Cole Memo” that discouraged federal prosecutors from going after marijuana related crimes in states that have legalized the drug.
Sessions cited a return to “the rule of law” but emphasized leaving discretion up to individual U.S. Attorneys.
“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,” Sessions said in a statement.
ACLU Attorney Alison Holcomb, one of the authors of Washington's 2012 initiative to legalize marijuana says it's too early to know how or whether federal enforcement could change as a result of today's move, but she says it could potentially serve to chill a budding industry.
“This announcement is obviously an attempt to throw everything up in the air and frustrate the will of voters of this state and several others,” said Holcomb.
“For the near term, whether or not federal law enforcement will change is not as significant a question as what the impact will be on people who are trying to work with the state law, actually implement the state law,” she continued. “It has an impact on people who are trying to open businesses and now fear they are now at risk of being federally indicted. It may have an impact on whether or not banks or credit unions will continue to work with these new organizations.”
Western Washington's U.S. Attorney Annette Hayes in a statement stressed her office's enforcement efforts will continue to focus on those that pose the greatest safety risk.
“Today the Attorney General reiterated his confidence in the basic principles that guide the discretion of all U.S. Attorneys around the country, and directed that those principles shepherd enforcement of federal law regarding marijuana,” said Hayes statement. “He also emphasized his belief that U.S. Attorneys are in the best position to address public safety in their districts.”
The Acting U.S. Attorney for the Eastern District has not yet released a statement. It's unknown whether enforcement may now vary by region and state.
Thursday's move also appears to be a flip-flop by President Trump who as a candidate in 2016 told KING 5 sister station, KUSA, the issue should be up to the states. Watch full exchange
Washington State's Delegation on decision to rescind Cole Memo:
Senator Patty Murray, D-WA
“When it comes to the legal, adult use of marijuana, the voters in my home state of Washington, and in many other states, have spoken clearly. In the years since, Washington state has created a well-regulated system that works for families and communities, and I have supported policies at the federal level that provide clarity, stability, and security for consumers, regulators, business owners, banks, and credit unions. This latest move from the Trump Administration and Attorney General Sessions only makes our work to provide clarity at the federal level that much more urgent, and I intend to keep fighting to make sure Washington state is able to continue carrying out the will of its voters.”
Senator Maria Cantwell, D-WA
“The Trump Administration's decision is misguided and harmful. Instead of respecting the will of voters across our country and seeking input from states on how to move forward, the Attorney General is taking the Department of Justice backwards. I will continue to support my state's decision to legalize recreational marijuana."
Cathy McMorris Rodgers, R-WA
“The Congresswoman wants to look deeper into how this decision will impact states, like Washington, who have already legalized marijuana. She is looking forward to getting more information from Department of Justice and state officials.” — Jared Powell, Spokesman for Rep. Cathy McMorris Rodgers
Rep. Jaime Herrera Beutler, R-WA
“There is a conflict between state and federal law regarding marijuana use, and Congress should provide certainty so that federal law enforcement policy can't change depending on who runs the Department of Justice.”
Rep. Dave Reichert, R-WA
“Rescinding the Cole memo directs all U.S. attorneys to follow well established principles on which cases to pursue,” said Reichert. “It's also an important opportunity for us to pause and reflect on the use of marijuana and the harmful effects it has on American on youth.”
Rep. Adam Smith, D-WA
“The actions taken by Attorney General Sessions to rescind existing protections for citizens complying with lawfully enacted state laws regarding marijuana use across the country represents a flagrant disregard for the will of the majority of Americans. This about-face leaves a vacuum of any substantive federal marijuana policy, and threatens to create a 'wild west' of haphazard prosecutions. This shift in policy is completely unacceptable, and is an affront to the 10th Amendment.
“We must demand that Washington state residents who abide by state laws are protected from blanket federal enforcement. It is essential that Congress now provide certainty on this issue.”
Rep. Pramila Jayapal, D-WA
“At a time of broad public support for marijuana legalization and criminal justice reform, we should be moving forward – not going back to outdated and harmful policies that do little to enhance public safety and disproportionately hurt people of color.
“Washington voters led the way in legalizing marijuana five years ago, taking an important step in reducing mass incarceration, strengthening public health, and bolstering our economy – and I will fight for them. I will be working with my colleagues on the Judiciary Committee in a bipartisan way to address this issue. Republicans who have an actual commitment to state's rights should speak out now against this decision.”
Rep. Derek Kilmer, D-WA
“This action by Attorney General Sessions would silence the voices of the majority of Washington state's voters. No matter how you feel about the legalization of marijuana, this decision by the federal government to meddle in a state issue settled by public referendum is particularly troubling and would create tremendous uncertainty. It's the wrong decision and is in direct conflict with the Attorney General's long career of advocating for more autonomy for state and local governments.”
Rep. Denny Heck, D-WA
“This reckless and irresponsible action from the Department of Justice will not go unanswered. To prevent this action from spiraling out of control, Congress must immediately remove marijuana from the list of controlled substances, in order the preserve the legal marijuana markets present in 37 states. It is time for the federal government to catch up with the public, and align federal and state laws in a common sense way to prevent further disruptions to this established legal market that will actually make these communities less safe.”
