Jeff Sessions

[ataxian]

From the Washington Post Editorial section:

Sessions’s unwise move on marijuana may backfire


Attorney General Jeff Sessions is pushing the federal government back into marijuana enforcement. This is an unwise and unnecessary move that may divert resources from more serious problems — and end up backfiring on those who want to restrain pot use.

Mr. Sessions rescinded Thursday a policy that kept the federal government largely out of the way of states that have legalized marijuana. A majority of states have now legalized it in some form. Maryland just began permitting medical marijuana. California just legalized recreational marijuana, and Vermont is near to doing so.

Mr. Sessions’s move upended a tenuous deal the Obama administration made with legalization states: keep pot out of minors’ hands and help combat trafficking, and federal authorities will focus on bigger priorities. This policy allowed a handful of states room to experiment with unencumbered legalization, which would have made the consequences clearer to others.

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Mr. Sessions’s decision is unlikely to result in arrests of small-time marijuana users. But it will chill the growth of the aboveboard weed economy by deterring banks and other institutions from participating. From there, U.S. attorneys across the country will decide whether to crack down, and on whom — a few big distributors, perhaps, or a few local grow shops, too. In states with complex regulations on marijuana growing, testing and selling, some operations may move back underground rather than provide documentation to state authorities that federal prosecutors might later use against them.

Mr. Sessions’s move is counterproductive even for skeptics of legalization, whose only defense against a growing tide of public opinion would be evidence that full legalization has significant negative consequences. Mr. Sessions’s move diminishes the possibility of drawing lessons — including cautionary ones — from the examples of legalization states. Similarly, Mr. Sessions has made it harder to learn how to regulate the legitimate weed economy, if that is the path the country chooses.

Jars of medical marijuana are on display on the counter of Western Caregivers Medical marijuana dispensary in Los Angeles. (Richard Vogel/Associated Press)
More concerning is the prospect that U.S. attorneys will begin diverting limited federal resources into anti-pot campaigns from far more pressing matters. As Mr. Sessions himself said this past November, the nation is experiencing “the deadliest drug crisis in American history.” That would be the opioid epidemic, which, Mr. Sessions noted, claimed some 64,000 lives in 2016. Marijuana simply does not pose the same threat, and the attorney general should have avoided any suggestion that it requires more attention right now.

Mr. Sessions’s decision will spur calls for Congress to finally change federal law. That is warranted, but lawmakers should be wary of swinging too far in the opposite direction. As a recent National Academies of Science review found, experts still know relatively little about marijuana’s health effects. It makes no sense to lock up small-time marijuana users, but it may not make sense to move quickly to national legalization. Rather, Congress should decriminalize marijuana use, then await more information.

SAFE MEDICATION?

 

[Cuckfumbustion]

Political brinkmanship in play. Sessions recused himself earlier. So if he is stays in power instead of another loyal AG, then Muller's investigation is still on. Some Dems despite what they think of him and his polices, want him to stay in power for that reason.

Chuck Schumer on Sessions resignation calls: 'Nothing should interfere with the Mueller investigation'

"My view now is very simple — nothing, nothing, nothing should ever interfere with the Mueller investigation," Schumer declared. "He must be able to pursue that to wherever that leads."

Cons Call on Sessions to Resign, Dems Rally to His Defense

So lets hope that there is enough people in Congress who put policy over party and protect what the states have put effort to legislate and work for and pass some Federal laws and be ready to overide a presidential veto if it isn't bipartisan enough.

 

[Baron23]

The Health 202: Can marijuana survive the disapproving glare of Jeff Sessions?

f you live in a place where recreational pot use is legal, you’re probably wondering whether you need to start worrying about getting prosecuted for it. The answer is probably not, at least according to initial indications from the dozen or so U.S. attorneys general who get to make that call.

Attorney General Jeff Sessions is under heavy criticism — even from within his own Republican Party — for announcing last week that federal prosecutors can decide for themselves whether to press pot cases in the states that have legalized its use, reversing an Obama-era policy in which the federal government mostly turned a blind eye to marijuana (which is still illegal federally) unless it was tied to violent gangs or drug cartels.

“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 Thursday.

There was bipartisan pushback:

Rep. Ryan Costello (R-Pa.):

Rep. Julia Brownley (D-Calif.):

California Lt. Gov. Gavin Newsom (D):

If you’re panicking about Sessions’s announcement, you might not understand exactly what he’s doing. For one thing, the Drug Enforcement Administration doesn’t have nearly enough resources for a serious crackdown on average marijuana users. Recreational use is legal in six states and the District – and sales could also begin in Massachusetts and Maine this year – and three dozen states permit medical use.

And Sessions wasn’t even necessarily directing federal attorneys to go after users to the extent DEA resources permit. He was just opening the door as a practical matter, while sending a strong message nationwide about his well-known and long-standing disapproval of weed, experts say.

“I think it is largely a scare tactic where Jeff Sessions is sending a message from his ivory tower to states that have legalized,” Ezekiel Edwards, criminal law reform project director for the ACLU, told me. “It’s his attempt to try to chill progressive drug policy.”

President Trump sits with Attorney General Jeff Sessions during the FBI National Academy graduation ceremony in Quantico, Virginia in December. (AP Photo/Evan Vucci, File)

That’s not to say Sessions or other prosecutors won’t single out a business to make a point. They certainly have the resources to seek charges against a distributor of recreational marijuana if they’re seeking to put a chill on the industry.

(As a side note, the Justice Department can’t go after medical use, because since 2014, Congress has maintained a policy in spending bills prohibiting the agency from prosecuting people for conduct permitted by state medical marijuana laws. I explained that in this Health 202.)

But even on the recreational front, don’t expect wide-scale prosecution anytime soon. Of the 13 U.S. attorneys presiding in the eight states with laws making recreational use legal, several have indicated they’re interested only in going after marijuana distributors or users with ties to crime or violence.

Just four of the 13 U.S. attorney positions in states with approved recreational pot use are held by Trump nominees confirmed by the Senate. The remaining attorneys are either awaiting confirmation, have been appointed as interims by Sessions or are serving as temporary appointees by the president. The AP has a useful list of all 13 attorneys, with summaries of what they’ve said about marijuana.

—In Colorado, where recreational cannabis has been legal for three years, U.S. Attorney Bob Troyer said his primary concern is whether a prosecution would make the state safer.

“We have more freedom and flexibility to make decisions that make Colorado safer by prosecuting individuals and organizations for marijuana crimes that significantly threaten our community safety,” Troyer’s office said in a statement.

“Rather than give U.S. attorneys any specific direction, the memo returns trust and local control to federal prosecutors and clarifies that they know how to deploy their resources to make their districts safer,” the statement continued.

—While Andrew Lelling, the U.S. attorney in Massachusetts, called marijuana a “dangerous drug” in a statement responding to Sessions’s announcement, he also said his office would concentrate on bulk cultivation and trafficking cases, and those who use the federal banking system illegally.

“This office will pursue federal marijuana crimes as part of its overall approach to reducing violent crime, stemming the tide of the drug crisis and dismantling criminal gangs,” Lelling said.

—Adam Braverman, U.S. attorney for the Southern District of California, issued a somewhat more bullish statement, noting that the “cultivation, distribution and possession of marijuana has long been and remains a violation of federal law.”

“We will continue to utilize long-established prosecutorial priorities to carry out our mission to combat violent crime, disrupt and dismantle transnational criminal organizations and stem the rising tide of the drug crisis,” he said.

To cannabis lawyer Sean McAllister, the most extreme, worst-case scenario is that some U.S. attorneys decide to shut down distributors of recreational pot on a large scale. But he, too, says a more likely scenario is that prosecutors chase black market operators as they’ve already done.

“The idea that they’re going to come after some of us who have state licenses, who follow the rules, still seems a relatively low risk at this point,” said McAllister, who is a member of the National Cannabis Industry Association and whose firm handles cases in Colorado, California, Oregon and Florida.

Sessions’s announcement, however, could prompt more members of Congress to get behind measures making marijuana legal on a federal level or at least prohibiting Justice from prosecuting recreational use in states where it’s legal. Sen. Cory Gardner (R-Colo.) is trying to build momentum among senators from those states.

Sen. Ron Wyden (D-Ore.):

Rep. Ed Perlmutter (D-Colo.):

Sen. John Cornyn (R-Tex.):

Senate Minority Leader Chuck Schumer (D-N.Y.):

But for now, most people who understand the government's traditional approach to pot view Sessions’s move as more of a public-relations strategy designed to signal his overall disapproval of marijuana, especially since it just became legal in California a week ago.

“To me, this is just a knee-jerk reaction to California opening up,” McAllister told me. “A combination of that, and Sessions not personally liking cannabis.”

 

[Baron23]

While we are listing politicians who have expressed outrage but at the same time have done nothing for years to change the MJ laws, please add Pelosi and Warren.


Here's a novel idea: If you don't like Jeff Session's marijuana decision, change the law

This is basic civics stuff, but it seems to have eluded a lot of legislators who decided to fire off tweets instead of make real change.
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Article I, Section 1 of the United States Constitution provides that: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Legislative powers are the power to make and repeal laws. Those powers are not vested in the executive branch, which includes the president and, more relevant to this discussion, Attorney General Jeff Sessions, who recently announced that he will no longer follow an Obama-era policy of not enforcing federal laws against marijuana. Some states have repealed their own laws against marijuana, but marijuana remains illegal under federal law, and will stay that way unless Congress legislates otherwise.

More: 2018: What could possibly go right? Five possibilities.

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This is basic civics stuff, but it seems to have eluded a lot of people. People such as Sen. Cory Gardner, R-Colo., who exploded in response to Sessions’ announcement, saying that marijuana laws should be left to the states, and who vowed to “take all steps necessary” to secure a reversal of Sessions’ announcement, including holding up nominees to the Department of Justice.

Many other members of Congress — from Sen. Bernie Sanders, I-Vt., to Rep. Ted Lieu, D-Calif., were also critical. But if you want to leave marijuana decisions up to the states, there’s an easy way to do that: Repeal the federal marijuana law. Legislate, which is supposed to be the job of ... legislators. Like Gardner, Sanders or Lieu.

There’s even a bill in front of Congress to do just that, HR 975, the Respect State Marijuana Laws Act, introduced by Rep. Dana Rohrabacher, R-Calif., in 2017. It has bipartisan sponsorship, divided roughly evenly between Republicans and Democrats.

So why are Gardner, et al. attacking Sessions instead of speaking out in favor of new legislation?

Well, for one thing, it’s easy. Passing bills is work, denouncing Sessions requires only a press release — or in this case, a few tweets.

It’s also safer. Congress has been surprisingly willing to let the executive branch take over its lawmaking functions through regulatory measures, executive orders and “prosecutorial discretion.” That’s because then the executive branch takes the blame, while members of Congress don’t have to take a stand.

More: Sessions' marijuana decision shows we learned nothing from Prohibition

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And it’s for that reason that, even though I favor marijuana legalization, I approve of what Sessions has done. He’s basically told Congress that if they don’t like the marijuana laws that are on the books, they need to get off their butts and change them. As an executive official, he’s telling the legislative branch that he’s going to respect the constitutional separation of powers, which means that if the law is changed it will have to be changed by the lawmakers.

As reported in Politico, Sessions’ action may make the legalization of marijuana more likely, as a lot of legislators who have been trying to have it both ways are forced to take a position. Sen. Patrick Leahy, D-Vt., for example, who refused to discuss his position on marijuana legalization with Politico “just a few weeks ago,” is now pledging to fight for legalization.

And he’s not alone. Marijuana means jobs and tax revenues in many states, and if the Justice Department won’t promise to ignore the federal law, there will be a lot of pressure on Congress to change the law.

And that’s exactly how the system is supposed to work. Members of Congress would rather have it both ways, of course, because they’re politicians and talking out of both sides of their mouths is standard procedure. But we get better government when people have to take a stand, and face the voters. Looks like that’s going to happen here, for which we can thank Attorney General Sessions.

 

[Cuckfumbustion]

See what comes out of this.
Cory Gardner, Jeff Sessions to meet this week over marijuana memo

 

[momofthegoons]

See what comes out of this.

I'm not holding my breath. Even though Cory is pissed as hell... Sessions doesn't seem like the type to back down. And he lied to him once.....

 

[Baron23]

While this is heartening news, there is no way that this issue should be left to the discretion of individual US Attorney's across the country, each possibly with a differing approach.

While I firmly oppose Sessions (both on MJ and a number of other issues), I continue to actually believe that this mess sits firmly in the lap of the Legislative Branch and, to the extent of setting majority party agendas, the Executive Branch. They (hardly any of them, Dem or Rep) have done NOTHING substantive to modify the Controlled Substance Act's provisions on MJ.

To an extent, Sessions is correct (as much as it gags me to say so). His job is not to make law, but to enforce it and the charge of malfeasance on this ligering mess must be directed at our elected representatives who have consistently taken the politically safe and expedient path on MJ.

What I find disappointing (and even, frankly, repulsive) is members of Congress' knee-jerk reaction to issue partisan political jibes at their opposite numbers when in fact they are ALL responsible for this shit.

Fucking politicians...now more then ever is this made true: you can tell when they are lying....its anytime their lips move.


Legalized marijuana crackdown ‘not priority’ in Delaware

WILMINGTON, Del. — Days after Attorney General Jeff Sessions rescinded an Obama-era leniency policy that paved the way for legalized marijuana to flourish in states across the country, Delaware’s top federal prosecutor says that a crackdown on state-approved marijuana operations is unlikely.

Acting U.S. Attorney David C. Weiss told The News Journal on Monday that his office has limited resources, and prosecuting Delaware’s roughly 3,600 medical marijuana users is “certainly not a priority.” He indicated it’s unlikely he’ll try to shut down the state’s two existing medical marijuana dispensaries or stop the two new facilities slated to open this year.

Sessions’ Jan. 4 memo came as Delaware works to expand its seven-year-old medical marijuana program and mulls creating a legal recreational cannabis industry.

President Donald Trump nominated Weiss to the post in November.

 

[Baron23]

As you read these expressions of "political outrage", ask yourself....has this member of Congress ever introduce an MJ legalization bill or sign on to one as a co-sponsor? Some may have, most have not.

For those that have not introduced or co-sponsored legalization bills....while I appreciate any actions no matter how tardy, on MJ legalization..... there is no way I'm lionizing any of these asshats for what is just a politically expedient move while for a VERY long time they did nothing to fundamentally resolve this issue.

Pelosi is a prime example. The woman was the fucking Speaker of the House with great powers to set the Congressional agenda. WTF did she do for us when she could....fuck all, is what.


These Lawmakers Are Going Head-to-Head With Jeff Sessions Over Weed
The fight for cannabis legalization isn’t over just yet.

Right on the heels of the news about the potential rescission of the Cole Memo, lawmakers are going head-to-head with Jeff Sessions.

Just last week, we received the news that the legal cannabis industry is at serious risk of disruption. Attorney General Sessions plans to revoke a policy that protects state rights. Rights pertaining to the legalization and regulation of cannabis. The policy in question is commonly referred to as “The Cole Memo”. It was implemented back in 2013 when Barack Obama was still in office. Issued by former Deputy Attorney General James M. Cole, the policy explicitly prevents federal prosecutors and other law enforcement entities from interfering with states with legal marijuana.

The Attorney General has a pathological obsession with cracking down on cannabis and ushering in a new age of prohibition that would appeal to the sensibilities of the late Harry Anslinger. Given this, it should come as no surprise that he’s willing to betray the most basic tenets of his Republican roots. That is, the priority of states’ rights over federal policy.

But, fear not. His move is not met without resistance. These lawmakers are going head-to-head with Jeff Sessions over weed, states’ rights, and justice for all.


1. U.S. Senator Jeanne Shaheen

New Hampshire Public Radio

Jeanne Shaheen isn’t just a U.S. senator representing New Hampshire. She’s the lead Democrat on the Commerce, Justice, Science Appropriations Subcommittee. After the news about Sessions’ intentions broke, she was far from reticent about her feelings on the matter. Here’s Shaheen’s official statement:

While the Trump administraton pays lip service to a national opioid crisis…instead it has announced its intention to waste taxpayer dollars to pursue legal, non-lethal drug use and legally operating small businesses. Attorney General Sessions’ announcement is a slap in the face of families that have been devastated by the opioid crisis. As the leading Democrat on the appropriations subcommittee that funds the Justice Department, I will work to ensure that resources are devoted to opioid response efforts, rather than this foolish policy.

Senator Shaheen’s constituents took to Twitter to express their gratitude for her stance. Among the supporters was a co-founder of EstroHaze, Sirita Wright, who commented with a succinct “Alright Jeanne!”

2. California Assemblyman Reggie Jones-Sawyer

CardsChat

Assemblyman Reggie Jones-Sawyer of Los Angeles, California is bringing Assembly Bill 1578 back to the floor. If passed in the state Senate, AB-1578 will prevent both local and state law enforcement from helping federal forces go after state-legal cannabis activities and businesses.

“The intent of Assembly Bill 1578 is to provide state agencies with the protection they need to uphold state laws without federal interference,” Jones-Sawyer said.

He continued with a direct statement about Jeff Sessions: “What [he] is proposing is not a return to “Rule of Law” as he claims; instead he is taking away access to cannabis for children with chronic diseases, cancer patients, seniors and veterans.”

3. Pennsylvania State Representative Ángel Cruz

Impacto

In addition to his role as a state representative for Pennsylvania, Ángel Cruz is the President of The National Hispanic Caucus of State Legislators. Last summer, the NHCSL publicly called for the decriminalization of cannabis.

Of Sessions’ proposal, Cruz made the following statement:

Attorney General Sessions’ recent cannabis directive is contrary to science as well as President Trump’s own campaign promises to let states regulate the use of marijuana. Sessions is ignoring overwhelming research that demonstrates that marijuana not only has a plethora of medical uses, but is also not as harmful as the former Alabama Senator claims. Sessions also seems to be ignoring the chronic abuses that cannabis criminalization has historically inflicted on Latinos and other minorities.

4. Alaska Senator Lisa Murkowski

When we say that lawmakers are going head-to-head with Jeff Sessions, we’re not just talking about Democrats. Members of the Attorney General’s own political party are peeved with him as well. Specifically, because the plan to revoke the Cole Memo impedes upon states’ rights. In a statement that she shared on her Twitter account, Senator Lisa Murkowski from Alaska remarked, “Over the past year I repeatedly discouraged Attorney General Sessions from taking this action and asked that he work with the states and Congress if he feels changes are necessary. [The] announcement is disruptive to state regulatory regimes and regrettable.”

5. New Jersey Senator Cory Booker

Senator Cory Booker is a well-known advocate for the legalization of marijuana. So it should come as no surprise that he spoke out against Sessions after the announcement. This co-sponsor of the CARERS Act had this official statement about the latest anti-pot and anti-progress move from the Trump administration:

History has shown that our deeply broken drug laws disproportionately harm low-income communities and communities of color and cost us billions…without making us any safer. This unjust, backwards decision is wrong for America, and will prove to be on the wrong side of history.

6. New York Senator Kirsten Gillibrand

New York Senator Kirsten Gillibrand is another co-sponsor of the CARERS Act. As such, she is passionate about responsible drug policy with special consideration for cannabis. To bolster her opposition to Sessions’ movement to rescind the Cole Memo, Senator Gillibrand brought up the opioid abuse epidemic on Twitter:

“Our country is in the midst of an opioid crisis and the AG is going to divert resources to cracking down on medical marijuana?” she wrote. “This is either willfully ignorant or cowing to corporate greed on behalf of pharma special interest profits.”

7. Vermont Senator Patrick Leahy

Leahy.Senate.Gov

Recreational cannabis isn’t officially legal in Vermont yet, but the senior senator from the state, Patrick Leahy, certainly seems to be in favor of it. Or at least, in favor of defending medical marijuana from persecution at the hands of Jeff Sessions. His impassioned statement on the matter reads:

Rescinding [the Cole Memo] is a terrible, facts-backwards decision by Attorney General Sessions…[the] only reason to rescind the memo is because the AG wants to target patients and businesses that are compliant with state laws…I’m now fighting…so we can protect patients and law-abiding businesses.

8. House Minority Leader Nancy Pelosi

Finally, we have House Minority Leader and former Speaker of the House, Nancy Pelosi. This lifelong Democrat’s statement on Twitter was short, sweet and right to the point. “Attorney General Sessions,” she writes, “your unjust war against Americans who legally use marijuana is shameful and insults the democratic process that played out in states across the country.”

Final Hit: These Lawmakers Are Going Head-to-Head With Jeff Sessions Over Weed
It seems that the Attorney General has sufficiently angered quite a few politicians. From both major political parties, lawmakers are going head-to-head with Jeff Sessions. While only some have actual plans of action, none have hesitated to share their scathing criticisms of the plan. The planned rescission of the Cole Memo will undoubtedly put roadblocks in the path of cannabis legalization. But the fact that so many lawmakers are going head-to-head with Jeff Sessions over the matter means the fight isn’t ove

 

[Baron23]

Federal marijuana bills boosted by new supporters as Congress gets back to work

by Alicia Wallace, The Cannabist Staff

Lawmakers lined up behind several cannabis-related House bills in the wake of U.S. Attorney General Jeff Sessions’ policy shift last week rescinding the Obama-era Cole Memo that had protected states with marijuana laws.

The U.S. House of Representatives officially returned from recess Tuesday morning, but a slew of Democrats got to work Monday by adding their names as co-sponsors on four marijuana-related bills: The Respect State Marijuana Laws Act of 2017 (House Bill 975), The Ending Marijuana Prohibition Act of 2017 (House Bill 1227), Marijuana Revenue and Regulation Act (House Bill 1823), and Regulate Marijuana Like Alcohol Act (House Bill 1841).

The fresh pledges of support come amid calls from congressional members to shore up protections for states that have legalized marijuana. Congress members such as Ed Perlmutter, D-Colo., indicated an “urgency” for Congress to act, citing Sessions’ rescission of Obama-era policies that provided guidance for marijuana-related matters such as enforcement and banking.

Perlmutter on Friday told The Cannabist that he and other members of the Colorado delegation spoke Friday about avenues to protect marijuana-legalizing states such as theirs. One possibility raised was to craft a spending bill rider similar to the Rohrabacher-Blumenauer amendment that prohibits the Justice Department funds from being used to interfere with states that have legalized medical marijuana.

Rep. Jared Polis told The Cannabist Friday in an email that such a temporary fix was the least that needed to get done.

“I would say we need to go a step further and pass my Regulate Marijuana Like Alcohol Act and lift the federal prohibition on marijuana once and for all,” said Polis.

Polis’ bill added two new co-sponsors for a total of 21.

Rep. Earl Blumenauer, D-Ore., in an interview with The Cannabist on Friday, said he believed Sessions’ actions would spur additional support for cannabis-related legislation introduced in recent months.

Bookmark The Cannabist’s federal marijuana bill tracker for the latest on the cannabis bills before the 115th U.S. Congress.

Below is a list of the marijuana-specific legislation that gained new co-sponsors on Monday, with bill number, bill name, total co-sponsors and new co-sponsors.

House Bill 975 — Respect State Marijuana Laws Act of 2017: amending the Controlled Substances Act so that its language does not apply to people complying with state marijuana laws.
Total co-sponsors: 35
New co-sponsors: Rep. Brendan Boyle, D-Pa.; Rep. Ted Lieu, D-Calif.; Rep. Jerry McNerney, D-Calif.; Rep. Beto O’Rourke, D-Texas; Rep. Ed Perlmutter, D-Colo.; Rep. Jamie Raskin, D-Mary.; Rep. Jacky Rosen, D-N.Y.; Rep. Janice Schakowsky, D-Ill.; Rep. Adam Smith, D-Wash.; Rep. Darren Soto, D-Fla.; Rep. Mike Thompson, D-Calif.

House Bill 1227 — Ending Marijuana Prohibition Act of 2017: a bill to deregulate marijuana federally and include prohibitions such as interstate sales and trafficking.
Total co-sponsors: 19
New co-sponsors: Rep. Michael Capuano, D-Mass.; Rep. Barbara Lee, D-Calif.; Rep. Zoe Lofgren, D-Calif.; Rep. Jerry McNerney, D-Calif.

House Bill 1823 — Marijuana Revenue and Regulation Act: amending the Internal Revenue Code to provide for taxation and regulation of marijuana products.
Total co-sponsors: Nine.
New co-sponsors (Jan. 8, 2018): Rep. Ruben Gallego, D-Ariz.

House Bill 1841 — Regulate Marijuana Like Alcohol Act: removing marijuana from the Controlled Substances Act; transition oversight of marijuana to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and to treat marijuana similar to alcohol under federal statutes.
Total co-sponsors: 21
New co-sponsors: Rep. Brendan Boyle, D-Pa.; Rep. Tim Ryan, D-Ohio.

Watch Colo. Rep. Polis talk about federal legislation to legalize marijuana

 

[Baron23]

"either Donald Trump's a liar or Jeff Sessions should be fired"

I don't see these as mutually exclusive conditions....?


Trump Tuesday: Marijuana: either Donald Trump's a liar or Jeff Sessions should be fired

Jeff Sessions has yet to complete his first year in office. But already he has cemented his status as the worst choice for attorney general in recent American history.

The former Alabama senator hadn't even been confirmed yet when he found himself outsmarted by soon-to-be-ex-Senator Al Franken on the question of contact with Russian officials.

That led to his recusal in the Russia investigation, which in turn led to the appointment of a special prosecutor, which in turn is creating endless headaches for the president who appointed him.

To make matters worse, last month the Republicans lost the seat in Alabama formerly held by Sessions, something that would not have happened if the senator had simply realized his shortcomings and stayed in the Senate.

And then last week Sessions adopted a policy of strict federal enforcement (reversing the Cole memorandum) of marijuana laws that went against his own president's stated policy during the 2016 campaign.

Donald Trump's policy was "In terms of marijuana and legalization, I think that should be a state issue, state-by-state," as he told the Washington Post.

That position was taken by most of the contenders for the GOP nomination for a simple reason: The Republican Party has traditionally been the party of states' rights.

It takes a special kind of mind to miss such an obvious connection - a dull one.

When you look at how much damage Sessions has done to the Trump administration in how little time, it is difficult to conclude he is anything other than stupid.

Already his opponents are bringing up Sessions' lame attempt at a joke back in the 1980s, when he said of the Ku Klux Klan that he thought they "were OK until I found out they smoked pot."

I guess in Alabama that qualifies as a real knee-slapper. But you've got to be a little bit sharper when you go to D.C.

In that regard, Sessions seems unaware that the effort to outlaw marijuana on the federal level is a product of the New Deal, during which the Democrats increased federal powers over aspects of life formerly seen as matter for state or local governments.

In the Republican view, it was no business of the federal government if the residents of a certain city or state wanted to permit cannabis consumption - or outlaw it.

We saw a good example of that here in New Jersey last week when the Borough Council of Point Pleasant Beach voted to ban marijuana dispensaries in the town.

The mayor said the council wants to preserve the borough's status as "an amazing family-friendly town'' - which it is on summer nights until about 9 p.m., when the minivans leave and the barbarian hordes arrive.

At that point the boardwalk bars fill up with some of the rowdiest, worst-behaved tourists at the Jersey Shore.

When I discussed this with the sponsor of New Jersey's marijuana-legalization bill, he attacked "the hypocrisy" of politicians who believe booze is fine but pot is perilous.

"Are they closing down the liquor stores and the bars down there?" asked state Sen. Nick Scutari, a Democrat from Union County. "It's laughable that they think marijuana is gonna be worse. It's not even vaguely comparable the experience the police have with people on marijuana versus alcohol."

In any event, Scutari's bill lets every town set its own policy on pot sales. That's the sort of home rule Republicans are supposed to endorse.

One who does is Colorado Senator Cory Gardner, who said in a tirade on the Senate floor last week that both Sessions and Trump had assured him that the Trump administration would not interfere with the marijuana trade in his state.

An angry Gardner said he is prepared to "to take all steps necessary" to stop Sessions from interfering with the intrastate legalization of marijuana.

"I will be putting a hold on every Justice Department nomination until Attorney General Sessions lives up to the conversation we had ... about states' rights in Colorado," Gardner said.

This represents yet another black eye for a guy who doesn't have any space left to absorb a shiner.

Sessions has screwed up everything he's touched. He offers perhaps the best proof to date of the maxim that often in life the best thing to do is nothing.

If Sessions had simply stayed in the Senate, the Republicans would now have a two-vote majority as opposed to the current single-vote edge.

And if he would just shut up about an issue like marijuana legalization, the media would not be having so much fun pointing out that he's contradicting his own president's stated goals.

It's taken Trump a year to recover from a transition for which his campaign was clearly unprepared.

How long will it take before he gets rid of the worst nominee of them all?

 

[Baron23]

Colo. Sen. Gardner meets with Jeff Sessions on marijuana, neither giving ground
Gardner, a Colorado Republican, has vowed to block Justice Department nominees until there’s a fix


By Mark Matthews, The Denver Post

WASHINGTON — U.S. Sen. Cory Gardner said Wednesday that a morning meeting with U.S. Attorney General Jeff Sessions did little to settle their disagreement over marijuana policy — an impasse that makes it more likely that Congress will have to address the issue.

Gardner told Denver7, The Denver Post’s newsgathering partner, that Sessions gave no indication that he would reverse his decision last week to reverse an Obama-era policy — known as the Cole Memorandum — which generally left alone states that legalized marijuana.

“I think the meeting kind of went as I expected it to,” Gardner, R-Colo., told Denver7. “I shared my states’ rights position with Attorney General Sessions, and he shared his concern about the Cole Memorandum and why he rescinded it.”

Because Sessions isn’t backing down, Gardner said, he plans to pursue a legislative fix, either through a stand-alone measure or an amendment to bigger bill.

Related stories

• Colorado Rep. DeGette convenes delegation to respond to Sessions, discuss federal marijuana protections
• Colo. Sen. Gardner to meet with Jeff Sessions on marijuana after doubling down on threats to block DOJ nominees
• Colorado Congress members send letter to Sessions, urging reinstatement of Cole Memo
• Louisiana governor to Trump: Don’t prosecute medical marijuana
• Federal marijuana bills boosted by new supporters as Congress gets back to work

One idea that has gained traction among Colorado lawmakers is an amendment to a coming budget bill that would prohibit the Justice Department from spending money on marijuana enforcement in states such as Colorado that have legalized pot.

“We’ll be looking at appropriations legislation,” Gardner said. “We’ll also be looking at broader legislation to address this issue. As you know, I opposed the legalization, but the fact is, this is a states’ rights decision, and that’s the message I delivered very clearly today to the attorney general.”

Gardner has vowed to block Justice Department nominees until there’s a resolution on the marijuana issue, but it’s not known whether he would continue that blockade if Congress comes up with a fix without the help of Sessions.

 

[OldOyler]

Peace everyone.

Johnny Law will be Johnny Law.

Make cannabis legal, they'll just switch demons.

Like they did when alcohol was made legal, the picked a new target - cannabis.

Johnny Law likes power and playing cops and robbers. They're pumped up to save the world from gangs and terrorists in theory, but use those same tactics on taxpaying citizens.

The solution is not found in asking LE and the AG to be reasonable.

Because they have no intention of even trying.

Peace!

 

[Cuckfumbustion]

The Senator continues his standoff with Sessions and further appointees.
"I have not changed my decision to hold these nominations until we have a commitment that lives up to what I believe was given to me prior to the confirmation," Gardner said.
Colorado Sen. Cory Gardner Continues His Standoff With Jeff Sessions Over Marijuana : The Two-Way : NPR

Johnny Law likes power and playing cops and robbers. They're pumped up to save the world from gangs and terrorists in theory, but use those same tactics on taxpaying citizens.
The solution is not found in asking LE and the AG to be reasonable.

I'll leave room that AG could have some sort of epiphany. Well it's a fun thought anyway.

Congress needs to plan for a possible veto override or it will come off as posturing. Regardless of their initial intention.
Even Trump might cave at anything that make him appear pro-business. Not counting that out entirely. Strange how he is quiet about the topic during all this news coverage.

Might see what happens on the floors of Congress over this.

 

[ataxian]

Peace everyone.

Johnny Law will be Johnny Law.

Make cannabis legal, they'll just switch demons.

Like they did when alcohol was made legal, the picked a new target - cannabis.

Johnny Law likes power and playing cops and robbers. They're pumped up to save the world from gangs and terrorists in theory, but use those same tactics on taxpaying citizens.

The solution is not found in asking LE and the AG to be reasonable.

Because they have no intention of even trying.

Peace!

Do you really think SESSION has a leg in this fight?

The culture in CA support's legalization?
At least indoor light is more effective?

 

[OldOyler]

Do you really think SESSION has a leg in this fight?

The culture in CA support's legalization?
At least indoor light is more effective?

I think you hit the nail on the head.

It's a 10th Amendment issue plain and simple.

There's no prohibition amendment against cannabis, therefore the 10th Amendment stands supreme.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Peace everyone.

 

[Baron23]

This is too sad for words....sigh

Sessions goes after 'dangerous' Marijuana, grants opioid maker rights to synthetic THC

'Here is a tragic joke: Why is synthetic THC deemed safe but natural marijuana is considered dangerous? Punchline: Because the government said so.

It would be funny, if this new nightmare scenario weren’t true and if the “war on drugs” didn’t result in the death and imprisonment of innocent people. Or, the denial of medical rights to people in severe pain. Or the assurance that those dependent on deadly opioids stay that way.

Last week we reported that the Federal Government just ended its leniency toward states’ rights for medical marijuana. Attorney General Jeff Sessions overturned a previous memo that granted federal leniency toward states’ marijuana rights. The statement last Thursday said, “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 is, in effect, releasing the federal attack hounds. But it gets worse – while Sessions is rabid with his policy toward the marijuana plant, his DEA has just granted a Pharma fentanyl maker a partial monopoly over the sale of synthetic TCH – made to mimic cannabis exactly.'

According to Free Thought Project:

Revealing the sheer hypocrisy and criminality of Sessions’ move—which vowed to uphold the archaic and despotic Controlled Substances Act of 1970 that prohibits the cultivation, distribution, and possession of marijuana—Sessions’ DEA granted a company a monopoly on the sale of the synthetic form of the plant which contains the exact properties of cannabis.

The active ingredient in cannabis, THC, remains classified as a Schedule 1 drug—meaning the government claims it is dangerous, addictive, and has no medical value. Coincidentally, over the Thanksgiving holiday, the DoJ’s Drug Enforcement Administration granted Insys Therapeutics—a rogue pharmaceutical company rife with corruption—a Schedule II classification on their synthetic form of THC, Dronabinol.

Instead of allowing people to use a natural form of a plant that can cure them, Jeff Sessions will use taxpayer dollars to continue cannabis prohibition while his DEA grants a monopoly on the exact same substance—only synthetic—to Insys.

For those who don’t know, Insys has become notorious over the last two years after six former executives and managers were arrested on charges that they engaged in a nationwide scheme to bribe doctors to prescribe a drug containing the opioid fentanyl. Now this same group of dangerous drug peddlers is being given a partial national monopoly on the sale of legal THC, by the group who claims to protect Americans from drugs.

It’s frustrating enough that the government’s perception on marijuana is only contingent on how it benefits them and their chosen corporate darlings. But it’s also insulting to everyone’s intelligence that their response to this safety disparity goes like this, according to VICE:

The DEA notes that FDA-approved products of oral solutions containing dronabinol [THC] have an approved medical use, whereas marijuana does not have an approved medical use and therefore remains in Schedule I.

Translation: “Because we said so.”

The revolving door between the government and Big Pharma and the revolving door between the government and the privatized prison complex has just reached officially insane levels.

 

[momofthegoons]

'Here is a tragic joke: Why is synthetic THC deemed safe but natural marijuana is considered dangerous? Punchline: Because the government said so.

Follow the money.......

 

[Baron23]

Expanded version of info posted a few days ago.

Here’s Where US Attorneys Stand on Cannabis Enforcement

Don’t expect Jeff Sessions’ undoing of the Cole memo to unleash a nationwide crackdown. By rescinding Justice Department guidelines that encouraged federal prosecutors to take a hands-off approach in legal states, the attorney general isn’t so much dropping bombs as he is encouraging his lieutenants to fire at will. It will be up to individual US attorneys to pull the trigger.


RELATED STORY
FAQ: What We Know About Jeff Sessions’ DOJ Action Against Legal Cannabis
In other words, a crackdown on state-legal cannabis, if it comes, will likely happen unevenly. District by district, US attorneys will decide for themselves how to enforce federal cannabis law—or whether to enforce it at all. This is exactly what we saw in California during the last major federal crackdown, in 2011 and 2012. US attorneys in some parts of the state tried to close every dispensary in their districts, while others allowed shops to operate unimpeded.

US attorneys are playing their cards very close to their chests.
In this new normal, it’s crucial to understand not just Sessions’ views, but also where each US attorney stands on cannabis. To that end, we’re tracking how US attorneys in legal states have responded to the removal of the Cole memo—and how likely they are to take action.

You’ll notice a common theme as you read through this piece: US attorneys are playing their cards very close to their chests. Most have issued murky statements that can be interpreted in a number of ways. We’ve done our best to parse the available information and add to those statements to get a better sense of the risk of prosecution in that district.


RELATED STORY
A Top Cannabis Lawyer on What Losing the Cole Memo Means
Initially we’ll be looking at states that have legalized adult-use cannabis. This page will be updated to include more information about US attorneys in medical-only states.

Each state has at least one federal district. A US attorney acts as the chief federal prosecutor for his or her district. (Courtesy of the US Department of Justice)
Alaska
US Attorney Brian D. Schroder, a Trump appointee whom the Senate confirmed in November, isn’t giving us much to go on. He said in a statement shortly after Sessions’ announcement that his office would continue using “long-established principles” in deciding which cases to charge. He added that violent crime, including that which stems from drug crimes, has been a top priority. His office has declined to comment further.

Schroder’s statement—like his record on cannabis—is awfully thin. Aside from any violent incidents in the state system, which would almost certainly draw his attention, it’s not yet clear what action, if any, his office might take.

Prosecution Risk: UNKNOWN


RELATED STORY
Alaska Authorities Vow to Fight Feds on Legal Cannabis
California
Central District (Los Angeles)
Interim US Attorney Nicola T. Hanna took his post last week, when Sessions appointed him and 16 others as interim US attorneys. So far both Hanna and his predecessor, Sandra Brown, have been mum on enforcement, which could be an ominous sign if the office weren’t in the midst of a transition. As it is, it doesn’t tell us much.

It’s worth noting that Hanna was a federal prosecutor in Los Angeles and San Diego during the 1990s, when the war on drugs was in full swing. He then left the office for private practice, taking a position at the international firm Gibson Dunn. He hasn’t said much on cannabis, but in the 2016 presidential election, records show he gave $2,700 to the campaign of Chris Christie—a notorious anti-cannabis crusader.

Complicating it all, Hanna’s gig is only temporary. As an interim US attorney, he can serve for 120 days until President Trump must appoint someone and seek Senate confirmation.

Prosecution Risk: LOW/MEDIUM


RELATED STORY
LA Cannabis Industry: Jeff Sessions ‘More Bark Than Bite’
Eastern District (Sacramento)
US Attorney Scott W. McGregor, a Trump appointee currently awaiting Senate confirmation, already held the position under President George W. Bush. While in office, he targeted large-scale cannabis operations and developed a reputation for seeking harsh sentences. As the Sacramento Bee reports, at the time he asked local authorities to refer cannabis cases to federal prosecutors. He also went after a pair of dispensary operators who were convicted in 2008 and each sentenced to 20 or more years in prison. (President Barack Obama granted one of the two men clemency in 2017. The other is still behind bars.)

Following Sessions’ memo, McGregor spokesperson Lauren Horwood said the office would evaluate possible enforcement actions “in accordance with our district’s federal law enforcement priorities and resources.” That’s pretty standard boilerplate and doesn’t tell us much, but McGregor’s enforcement history suggests he wouldn’t be shy about going after cannabis businesses if he feels they’re too far out of line.

“He used to be a hardcore, anti-cannabis drug warrior,” Sebastopol lawyer Omar Figueroa told the Sacramento Bee. “I hope he has evolved.”

Prosecution Risk: MEDIUM


RELATED STORY
California Authorities Seize 27,000 Cannabis Plants in 4-Day Calaveras Raid
Northern District (San Francisco)
Acting US Attorney Alex G. Tse took over for former US Attorney Brian Stretch, who announced through a spokesperson on Jan. 4 that he would be leaving the post. It was the same day Sessions rescinded the Cole memo, though Stretch said the announcement was not the reason for his departure.

Despite their San Francisco office location, Northern District prosecutors have a reputation for interfering with California’s legal-cannabis system even when local officials push back. The office famously undertook—and famously lost—a multiyear case against Oakland’s Harborside Health Center, perhaps the state’s best-known dispensary.

Tse, for his part, spent most of the 2011-12 federal crackdown in California working in the San Francisco District Attorney’s Office. The experience likely gave him an understanding of the close working relationship between federal and local authorities—something that might give him pause before bringing cases against locally approved, state-licensed businesses.

Prosecution Risk: LOW


RELATED STORY
Federal Court Bars Justice Department From Prosecuting Medical Cannabis
Southern District (San Diego)
Interim US Attorney Adam L. Braverman was appointed by Jeff Sessions in November, though he’s been a federal prosecutor in the Southern District since 2008. His focus was large, international drug-trafficking cartels, and after being sworn in as US attorney last year, he said he wanted to prioritize “those crimes committed by transnational criminal organizations.”

On its face, that seems just fine. State-legal cannabis has shrunk the illegal market in the United States, and Braverman may rightly see prosecuting licensed businesses as a surefire way to reinvigorate cartels. But sometimes when you’re a hammer, everything looks like a nail.

More worrisome is Braverman’s statement following the Sessions memo: “The Department of Justice is committed to reducing violent crime and enforcing the laws as enacted by Congress. The cultivation, distribution, and possession of marijuana has long been and remains a violation of federal law,” he said. “We will continue to utilize long-established prosecutorial priorities to carry out our mission to combat violent crime, disrupt and dismantle transnational criminal organizations, and stem the rising tide of the drug crisis.”

If Braverman does his homework, he’ll see that legalization tends to accomplish those priorities. But if he views legal cannabis as part of the problem, watch out.

Prosecution Risk: MEDIUM


RELATED STORY
Colorado Delegation Moves Quickly to Stop Sessions’ War on Cannabis
Colorado

(Courtesy of DOJ)
US Attorney Robert C. Troyer became an acting US attorney in 2016 and was appointed interim US attorney by Jeff Sessions in November. Asked by the Denver Post about the Sessions memo, Troyer’s office provided this response:

Here is the question we ask every time we consider allocating our finite resources to prosecute any of the vast number of federal crimes we can prosecute, from violent crime to immigration crime to opioid crime: Will this prosecution make Colorado safer? … Under the attorney general’s new memo, we have more freedom and flexibility to make decisions that make Colorado safer by prosecuting individuals and organizations for marijuana crimes that significantly threaten our community safety.

US attorneys often point to their own district’s unique needs when explaining their enforcement priorities, so this doesn’t tell us much—although it does suggest Troyer could take action in response to local officials who believe legal cannabis is a threat to public safety, as has happened in past crackdowns.

For now, Troyer said he would “continue to take” the approach his office has been using—suggesting not much will change in the short term. Colorado Attorney General Cynthia Coffman told the Post that she had asked Troyer to “please notify me … if there is going to be any change in those priorities or in those actions so that we have a heads-up. And I have his agreement that he will do that.” In the meantime, she said, “I would encourage people not to freak out.”

Prosecution Risk: LOW/MEDIUM


RELATED STORY
Colorado Officials Say: Stop Freaking, We Ain’t Retreating
Maine

(Courtesy of DOJ)
US Attorney Halsey B. Frank, a Trump nominee, was confirmed by the Senate in October. To his credit, he’s issued a lengthy statement on the Sessions move. Unfortunately, like most other US attorney statements so far, it doesn’t offer much in the way of clarity. “My job is to enforce federal law, not countermand it,” Frank said. “I do not have the authority to categorically declare that my office will not prosecute a class of crime or persons.”

Unlike some other US attorneys, Frank has spoken out publicly against legalized cannabis in the past. In a 2013 column in The Forecaster newspaper (published after the Cole memo), he wrote that when “there is a conflict between state and federal law, federal law prevails.” Maine’s state law, which at the time allowed medical use of cannabis, “is not a defense to federal prosecution for manufacturing or distributing marijuana,” he wrote.

Lest you think he was just opining on legal procedure, he also included this veiled jab at legalization: “Society can only tolerate a certain number of intoxicated people on its streets and highways, at school, at work and at play.” (You can read his full column here.)

One bright spot, especially for individuals: Frank’s recent statement notes that his office “has prioritized the prosecution of cases involving the trafficking of opiates, cocaine, crack and similar hard drugs.” Prosecuting individuals for possession, he said, “has not been a priority.”

Prosecution Risk: MEDIUM


RELATED STORY
Maine Lawmakers Face Big Cannabis Decisions
Massachusetts
US Attorney Andrew E. Lelling, a Trump nominee, was confirmed by the Senate in December. In response to the Sessions memo, he issued a statement saying he could not “provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”

This is a straightforward rule of law issue. Congress has unambiguously made it a federal crime to cultivate, distribute and/or possess marijuana. As a law enforcement officer in the Executive Branch, it is my sworn responsibility to enforce that law, guided by the Principles of Federal Prosecution. To do that, however, I must proceed on a case-by-case basis, assessing each matter according to those principles and deciding whether to use limited federal resources to pursue it.

This has the noncommittal air of some other US attorneys’ statements, but the tone is comparatively harsh. While it doesn’t signal a categorical crackdown on cannabis businesses, it certainly suggests the office could bring targeted actions against certain state-legal actors.

More worrisome is the relative lack of local pushback to Sessions rescinding the Cole memo. While officials in many other legal states have decried the move, Massachusetts elected officials, many of whom opposed the 2016 ballot question that legalized cannabis, have been relatively quiet.

Prosecution Risk: MEDIUM/HIGH


RELATED STORY
Massachusetts Regulators: ‘Nothing Has Changed’ After Shift in Fed Policy
Nevada
Interim US Attorney Dayle Elieson was one of 17 interim US attorneys appointed by Sessions last week. Before the appointment, she was an assistant US attorney in Texas, where she focused on fraud, money laundering, and terrorism. As a new arrival to Nevada, she’s a relatively unknown quantity, and Nevada officials are eagerly awaiting further guidance from the office.

“I know that the US attorney in Colorado has already said that he is not going to enforce federal laws against the legalized marijuana industry in that state,” Gov. Brian Sandoval told the Las Vegas Review-Journal. “I would like to see something similar here in Nevada, but that’s a discussion that needs to be had.” (It’s worth noting that Sandoval may be overstating assurances by Colorado US Attorney Robert C. Troyer; see the Massachusetts section of this story, above.)

Nevada’s legal cannabis program has strong support from state and local officials, which could help dissuade Elieson from taking a hardline stance legal against legal cannabis while still new to the office. Federal prosecutors tend to work closely with local law enforcement and other partners, and targeting cannabis could risk hurting those relationships.

As an interim US attorney, Elieson’s post is only temporary. She’ll be able to serve for 120 days before Trump must nominate someone for the position and seek Senate confirmation.

Prosecution Risk: UNKNOWN


RELATED STORY
Talk of Federal Cannabis Crackdown in Nevada Draws Partisan Reactions
Oregon

(Courtesy of DOJ)
US Attorney Billy J. Williams, who became an acting US attorney in 2015 and was nominated by Trump in November to remain in the post, has already expressed concerns with the state’s cannabis regulatory system. In an interview with the Associated Press last year, he complained about what he said was insufficient enforcement by the state to prevent cannabis from being illegally exported to states where it’s not legal. Stopping diversion to other states was a key piece of the now-rescinded Cole memo.

Following Sessions’ move last week, Williams put out the following statement:

As noted by Attorney General Sessions, today’s memo on marijuana enforcement directs all U.S. Attorneys to use the reasoned exercise of discretion when pursuing prosecutions related to marijuana crimes. We will continue working with our federal, state, local and tribal law enforcement partners to pursue shared public safety objectives, with an emphasis on stemming the overproduction of marijuana and the diversion of marijuana out of state, dismantling criminal organizations and thwarting violent crime in our communities.

It sounds like Williams might be OK with Oregon’s cannabis program when it works, but failures—including things like diversion, violence, or illegal sales to minors—could prompt him to take action. So he’s presumably not too pleased with reports like one issued this week by Oregon cannabis regulators that found a number of stores around the state that reportedly sold cannabis to minors.

Prosecution Risk: LOW/MEDIUM


RELATED STORY
Oregon Politicians Push Back Against Sessions Memo
Washington, DC
US Attorney Jessie K. Liu, a Trump nominee whom the Senate confirmed in September, has said through a spokesperson that the office is “committed to reducing violent crime and dismantling criminal gangs and large-scale drug distribution networks that pose a threat to public safety.”

Washington, DC, is unusual in that it allows individuals to grow, possess, consume, and even give away cannabis but, due to pressure from federal lawmakers, forbids purchases or sales. The laws have led to the emergence of a thriving gray market in which consumers make “donations” or purchase other items and are “gifted” cannabis as part of the transaction. Liu may take a closer look at these businesses—they are, after all, operating in Jeff Sessions’ backyard—but it seems unlikely at this point that she’ll bring cases against individuals who follow the law.

Prosecution Risk: LOW/MEDIUM


RELATED STORY
Jeff Sessions Asks Congress to End Medical Cannabis Protections
Washington State
Eastern District (Spokane)
Interim US Attorney Joseph Harrington was another of the 17 interim US attorneys appointed by Sessions last week. He’s a longtime federal prosecutor, with nearly three decades of experience handling the office’s criminal division, health care cases, and terrorism matters.

Harrington has said hardly anything about how Sessions’ move would affect his office’s cannabis enforcement. Immediately following the undoing of the Cole memo, he directed questions directly to the main Justice Department press office in Washington, DC. The Eastern District, nevertheless, has come to be seen as an aggressive enforcer by many in the state’s legal cannabis industry. The office sought criminal charges, for example, against a family of medical cannabis patients who became known as the Kettle Falls Five.

Harrington filed a motion in October to put that case on pause, noting that a federal spending provision—which had been adopted three years earlier and halted a blockbuster California case in May 2016—prevented the case from going forward. But that provision, the Rohrabacher–Blumenauer amendment, is set to expire later this month, and it only blocks prosecutions against medical operations. Currently nothing stands in the way of Harrington bringing cases against the state’s many adult-use businesses.

Prosecution Risk: MEDIUM


RELATED STORY
In Surprise Move, Justice Dept. Stands Down on ‘Kettle Falls Five’ Case
Western District (Seattle)
US Attorney Annette L. Hayes, who became acting US attorney in 2014 after her predecessor resigned, remained in the position after President Barack Obama declined to make an appointment. On the day Sessions rescinded the Cole memo, she issued this statement:

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. He also emphasized his belief that U.S. Attorneys are in the best position to address public safety in their districts, and address the crime control problems that are pressing in their communities. Those principles have always been at the core of what the United States Attorney’s Office for Western Washington has done – across all threats to public safety, including those relating to marijuana. As a result, we have investigated and prosecuted over many years cases involving organized crime, violent and gun threats, and financial crimes related to marijuana. We will continue to do so to ensure – consistent with the most recent guidance from the Department – that our enforcement efforts with our federal, state, local and tribal partners focus on those who pose the greatest safety risk to the people and communities we serve.

This may be the most supportive statement of state-legal cannabis to come out of a US attorney’s office in the wake of Sessions’ announcement. Read between the lines. Hayes’ almost cheeky use of “reiterated” suggests little or nothing has changed in her eyes. Rather than read Sessions’ move as a sign the attorney general wants to see more cannabis cases—which, given Sessions’ views on cannabis, it almost certainly was—Hayes’ comments interpret the memo as an endorsement of local discretion. “Thanks for trusting us to do a good job,” the statement seems to say. It’s likely that wasn’t by accident.

Prosecution Risk: LOW

 

[Baron23]

I'm putting this article here because Sessions is the cause of all of this.

Those of you who have read my writings on this subject know that this is a topic near and dear to my heart. Raise hell about Sessions all you want, but hold your elected representatives (of which Sessions is not one) responsible for changing the Federal law (Controlled Substance Act is a good start) that makes MJ illegal. I don't want to hear crap from politicians who won't recognize that the real culpability in all of this lies with Congress and the Executive branch for not doing a fucking thing to straighten this mess out. Nada, zip, zero...and I do NOT view the Cole memo as having fixed this legislative cock-up. Its a band-aid at best...a very small and temporary band-aid at that.

And its not partisan....both parties have sat on their ass for far too long on the subject of MJ legalization. And while they sat on their asses their constituents have been put in jail and had their lives ruined by felony criminal convictions. Unacceptable to me and I hope to you.

So, look below, find your Senator, and then determine how you will vote in the next Federal office elections.

This article does not list all Senators, but quite a few. I would like to see similar for the House. I'd love to know where Pelosi stands and what bills she has co-sponsored wrt MJ.

So, let's get started.....name 'em and shame 'em.

These Senators Are All Talk, No Action on Cannabis Legalization

‘The Haymaker’ is Leafly Deputy Editor Bruce Barcott’s weekly column on cannabis politics and culture.
Talk is cheap. In Congress it goes for pennies on the pound.

In the days following Attorney General Jeff Sessions’ decision to rescind the Cole memo, politicians around the country raised their voices in outrage.

Many have spoken out against Jeff Sessions. But who has acted? We tallied the votes.
Governors, state attorneys general, and members of Congress issued statements and tweets about states’ rights. They pledged to protect adult-use laws and the rights of medical patients.

But who has acted? Almost no one, so far.

In fact, a number of senators who expressed a burning desire to halt Sessions and his cannabis-hating crusade in its tracks have not so much as signed on as a co-sponsor of any of the four major pieces of legislation addressing the issue in the US Senate. As of mid-January, one of the most powerful bills—Sen. Cory Booker’s Marijuana Justice Act—had only a single co-sponsor, Oregon Sen. Ron Wyden.

The four Senate bills currently treading water in the upper chamber are:

• The Marijuana Justice Act (S. 1689): Sponsored by Sen. Cory Booker (D-NJ), this act would get the federal government out of the marijuana prohibition business. Bonus: S. 1689 contains equity provisions for those people and places most damaged by the war on drugs.
• The CARERS Act (S. 1374): Prior to Booker’s MJA (above), this was the strongest serious measure brought forth in the post-2012 era. The bill would extend the principle of federalism to State drug policy, provide access to medical cannabis, and enable research into the plant’s medicinal properties.
• The SAFE Banking Act (S. 1152): Sponsored by Sen. Jeff Merkley (D-OR), this bill would create protections for depository institutions that provide financial services to cannabis-related businesses.
• The Small Business Tax Equity Act (S. 777): Sponsored by Sen. Ron Wyden (D-OR), this bill amends the Internal Revenue Code to exempt a trade or business that conducts marijuana sales in compliance with state law from the prohibition against allowing business-related tax credits or deductions for expenditures in connection with trafficking in controlled substances. It effectively ends the IRS’s glaring 280E rule, which economically hobbles legal cannabis companies.

Especially glaring: California Sen. Kamala Harris, the rising Democrat representing a state with more than 47,000 jobs tied to legal cannabis. California’s senior senator, Dianne Feinstein, is notoriously anti-cannabis and not expected to change anytime soon. So the actions of Harris may be critical in terms of safeguarding an industry worth an estimated $2 billion to $5 billion. Among legalization advocates, Harris was trending as a political target on Twitter this past week:

I’ve compiled a table of senators from the eight legal adult-use states, their public words on the Sessions move, and their actions in the senate, below.

Senators from Legal Adult-Use States:



It’s Not Just the Legal States
Surprisingly, much of the support for the Senate’s leading cannabis measures comes from elected officials who don’t represent adult-use states. Some come from states where medical cannabis is legal. Some, like Rand Paul (R-KY) and Mike Lee (R-UT), hail from places where nearly all forms of cannabis are highly illegal.

And some, like Sen. Chuck Schumer of New York, talk a big game but so far have delivered big fat zeroes when it comes to co-sponsorship of cannabis bills.

Senators from Other States:

Click on table to enlarge.
Who’s Acted on Their Convictions?
I do have a roll of honor, though it’s a short one. The senators with the strongest record of standing up for patient protections, states’ rights, and the cannabis industry are:

• Sen. Cory Booker (D-NJ), initial sponsor of both the CARERS Act and the Marijuana Justice Act.
• Sen. Lisa Murkowski (R-AK), co-sponsor of the CARERS Act and the SAFE Banking Act.
• Sen. Cory Gardner (R-CO), who’s both co-sponsored bills and taken the lead this past week in resisting Sessions.
• Sen. Michael Bennet (D-CO), Gardner’s quieter compatriot from Colorado, defending his state’s cannabis jobs.
• Sen. Ron Wyden (D-OR), creator of the Small Business Tax Equity Act, to end the injustice of IRS Rule 280E.
• Sen. Jeff Merkley (D-OR), creator of the SAFE Banking Act to allow legal businesses in his state to bank safely.
• Sen. Mazie Hirono (D-HI), a newcomer to the cause, co-sponsor of both CARERS and SAFE Banking.
• Sen. Rand Paul (R-KY), whose state isn’t even medical-legal, but continues to support liberty on this issue.

Notice anything odd? Yes: There are both Republicans and Democrats on the honor roll. Cannabis is a bipartisan issue.

I urge you to call the members of Congress from your state and ask them what they’re doing this week to support and protect state cannabis laws.

 

[Baron23]

Colo. Sen. Gardner provides additional details on marijuana policy meeting with Jeff Sessions


By Mark Matthews, The Denver Post

WASHINGTON — U.S. Sen. Cory Gardner on Thursday provided additional details on his meeting Wednesday with U.S. Attorney General Jeff Sessions in which they discussed their disagreement over marijuana policy.

“I don’t think there was anything new in the discussion yesterday about (Sessions’) position, other than he doesn’t think that he’s changed anything,” Gardner said. “But clearly what he did (last week) was, I don’t think, the same commitment that he gave us prior to (his) confirmation.”

The Colorado Republican senator said prior to his confirmation as attorney general, Sessions told him there would be no change in policy.

“(Sessions said) that they didn’t have the bandwidth to do that, that he didn’t see it on the president’s agenda,” Gardner said. “But I think it’s important to recognize, I still think the Department of Justice and the White House are on different pages.”

Prior to the Wednesday meeting, Gardner said in an interview that he planned to press the Republican attorney general on his decision to rescind an Obama-era policy that left alone states such as Colorado that legalized marijuana. Gardner had previously threatened to block all nominees related to the Department of Justice, including U.S. marshals and U.S. attorneys from other states, if he didn’t get his way.

Related stories

• Cole Memo fallout: Rhode Island medical marijuana stores lose debit card privileges
• Marijuana users not a priority for Maine U.S. Attorney
• Colo. Sen. Gardner meets with Jeff Sessions on marijuana, neither giving ground
• Colo. Rep. DeGette convenes delegation to respond to Sessions, discuss federal marijuana protections
• Colo. Sen. Gardner to meet with Jeff Sessions on marijuana after doubling down on threats to block DOJ nominees

Gardner’s comments to The Denver Post Thursday mirror those he made late Wednesday on MSNBC’s Meet the Press Daily.

“The meeting went as I expected it,” Gardner told host Chuck Todd. “He’s going to hold his position for now, I’m going to hold my position. My position of course is that — I believed prior to his confirmation he made a commitment that we wouldn’t see the kind of significant shift in policy that we are now seeing the administration pursue. But I actually think that it’s not necessarily the administration, it’s the attorney general who I actually believe has a difference of opinion on this than the White House does right now.”

The senator in the televised interview framed his opposition to the attorney general’s marijuana policy shift as a states’ rights issue.

“I’m somebody that didn’t support the legalization of marijuana in Colorado,” he said, “but I also think it’s necessary to protect that state decision. If Colorado had to vote again today I think it’d probably pass with an even higher margin now than it did several years back. This is about states’ rights, this is about a federalist approach to government, and I hope that’s something that we can find a solution on.”