Once again, a wrongheaded move; a bold leap into the abyss of stupidity has occurred.
Today it was announced that Jeff Sessions, the Attorney General placed by Donald Trump, has rescinded the Cole Memo, which was part of the legal structure that allowed for states to decide whether to allow legal use and sales of marijuana. Note the word “part”, as it is important.
Currently the Rohrabacher-Farr amendment is in effect (hereafter R-F amendment because I don’t like spelling that long name). The R-F amendment may provide continued protection, as it disallows the use of federal money for use against medical cannabis laws and has garnered bipartisan support in the years since its original passage in 2014. The fight to pass the R-F amendment was a long one; the law was first sponsored in congress in 2001 and was voted down a number of times before it was finally passed.
Note this: the R-F amendment is only in effect until January 19th of this year. We need to encourage our senators and congresspersons to renew this important legislation. There is also a movement out there to expand the wording to also cover recreational marijuana in those protected states.
After it was passed into law, it was tested in court numerous times, particularly as the Department of Justice (DOJ) evaded the purpose of the law by “misinterpreting” it to apply not to the people involved in the production, sales and distribution of medical marijuana but instead deciding that it applied only to government officials in those states that allowed medical marijuana. Since no one was actually prosecuting those officials, the law ended up being fairly meaningless. It did nothing to stop the investigation and persecution of providers by the DOJ.
When light was shed on the wrongful interpretation of the law by the DOJ, there were some objections and eventually court actions. The DOJ was found to be in the wrong and was soundly scolded by the judge that made the ruling. This was seen as a hallmark ruling in favor of MMJ.
So what does all this mean? Its not clear! This change may mean nothing, or it may usher in significant changes.
The AG wants it to mean the end of all legal use and distribution of marijuana, which he seems to think will somehow magically stop people using it. He wants to restart the failed “War on Drugs” that led to nothing but problems for this country. He wants to reinstitute the persecution of distributors and users of medical marijuana, not just recreational marijuana.
However, California just legalized recreational marijuana on New Year’s Day. I personally find it interesting that this announcement came out right after the big day for California. And I also suspect that our AG is in way over his head on this one. An overwhelming majority of Americans support the availability of medical marijuana. A smaller majority support the legalization or decriminalization of recreational marijuana. There is also wide support for removing marijuana from the Schedule 1 drug list, as it has been conclusively proven to have medical benefits. (Of course, those studies are science- based so the current administration probably does not plan to acknowledge them.)
Sessions may have just paved the way and lit the fuse that will eventually lead to full legalization. The governing bodies of the states that have legalized and have reaped the benefits of legalization are unlikely to let those benefits be taken away by the federal government. Twenty-nine states (and the District of Columbia) allow medical marijuana use and sales; 8 states plus the District of Columbia allow for recreational sale and use. Only 10 states completely ban marijuana for any purpose.
That’s what the AG and the DOJ will face if they choose to press this issue. 40 out of 50 states allow some kind of use of marijuana. That is a lot of battles to fight. Sessions has spent much of his career gunning for marijuana but I think he has overstepped this time.
For more information:
The Cannabist: Jeff Sessions Rescinds Cole Memo
Washington Post: Why Jeff Sessions is going to lose his war against cannabis
Kate's Ramblings. 