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Sessions Admits Feds Can’t Effectively Police Marijuana In States



U.S. Attorney General Jeff Sessions acknowledged on Saturday that the Department of Justice does not have enough resources to enforce prohibition against everyone who violates federal marijuana laws.

“We’re not going to be able, even if we desired, to take over state enforcement of routine cases that might occur,” he said, referring to the growing number of states that have legalized cannabis. “Federal agents are highly paid, highly trained, and they work on cases involving cartels, international organizations, major distribution networks, large amounts of cash. And they deal with criminal organizations, RICO-type cases. And we’re not out there prosecuting those cases every day.”

Nonetheless, the attorney general made clear he believes that DEA agents should be able to enforce federal marijuana laws against anyone who violates them, regardless of state law.

“The law of the United States of America, in case you haven’t heard, applies in every state in the United States,” he said. “And I am not going to tell Colorado or California or someone else that possession of marijuana is legal under United States law.”

Sessions also took a swipe at the medical use of cannabis that is now legal in more than half the states.

“I don’t think it’s healthy, either,” he said. “If I were sick I wouldn’t suggest you take marijuana to cure yourself. I’m not sure it’s proven to be particularly helpful.”

In January, Sessions rescinded an Obama-era memo that generally allowed states to enact their own laws on marijuana without federal interference.

Sessions Rescinds Memo On State Marijuana Laws

“I believe it’s a rule of law question,” Sessions said on Saturday, arguing that the interpretation of the now-defunct Obama policy was “incorrect legally.”

Sessions’s new remarks, which he made in response to an audience question at a Federalist Society event at Georgetown University Law Center, were first reported by the Associated Press.

Going forward, the attorney general said, the feds would be focused not on “small marijuana cases,” but instead on “criminal enterprise” that is “being done on federal lands and parklands and doing destruction to our park system.”

Such activity was designated as that which could trigger enforcement actions under the earlier Obama guidance as well.

The big unanswered question remains to what extend federal law enforcement and prosecutors in Sessions’s department will seek to go after state-licensed marijuana growers, processors and sellers that operate in accordance with local policies.

Photo courtesy of Gage Skidmore.

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GOP & Dems Team Up To Shield State Marijuana Laws From Jeff Sessions



The Justice Department should be blocked from enforcing federal marijuana prohibition in states that have enacted legalization, a bipartisan group of 59 lawmakers wrote in a new letter.

“We are concerned about the Department of Justice enforcing federal marijuana law in a way that blocks implementation of marijuana reform laws in those states that have passed such reforms,” the lawmakers, led by Reps. Tom McClintock (R-CA) and Jared Polis (D-CO), wrote to top decisionmakers on the House Appropriations Committee on Friday. “The issue at hand is whether the federal government’s marijuana policy violates the principles of federalism and the Tenth Amendment. Consistent with those principles, we believe that states ought to retain jurisdiction over most criminal justice matters within their borders. This is how the Founders intended our system to function.”

The legislators want congressional leaders to insert a new provision into a funding bill covering the Justice Department’s 2019 budget that would prevent federal prosecutors, the Drug Enforcement Administration and other agencies from spending money to go after people who are in compliance with state marijuana laws.

The language the lawmakers want included in the funding bill reads:

“None of the funds made available in this Act to the Department of Justice may be used to prevent any of the several states from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana on non-Federal lands within their respective jurisdictions.”

Separately on Friday, a group of 62 House Republican and Democrats sent a letter requesting the extension of existing, more limited appropriations protections that shield state medical cannabis laws from Justice Department intervention.

The medical marijuana provision has been part of federal since 2014, and has been extended with bipartisan House and Senate votes several times.

The broader protections to shield all state marijuana laws, including those that allow recreational use, from federal interference came just nine flipped votes short of passage in 2015. The number of states with legalization has more than doubled since then, and lawmakers from places with new laws would be more likely to support it if another vote were held, but House leaders have since blocked floor consideration of cannabis-related measures.

“As I have promised my fellow Coloradans, I will continue to advocate for this simple amendment to be added to the federal budget – shielding Colorado from the Trump administration’s attacks on states that have legalized marijuana,” Polis said in a press release about the new letter. “It would be a temporary, but urgent and necessary fix, as I continue to push for passage of my Regulate Marijuana Like Alcohol Act, which would finally lift the federal prohibition on marijuana.”

In the letter, the lawmakers argue that letting states enact their own cannabis laws is in keeping with constitutional principles laid out by the Founders of the nation.

“Experiences of states that have legalized marijuana, as compared to the experiences of states that have not, constitute the very ‘laboratories’ of social and economic experiments that were described by Chief Justice Louis Brandeis when he wrote about the beauty of the Tenth Amendment,” they said. “Our constitutional framework has afforded the whole nation the chance to allow states to differ on many matters of public policy, including marijuana.”

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Stop Jeff Sessions From Busting Medical Marijuana, Bipartisan Lawmakers Demand



A bipartisan group of 62 members of Congress is asking House leaders to protect state medical marijuana policies and the patients and businesses that rely on them from federal enforcement agents and prosecutors.

“We respectfully request that you include language barring the Department of Justice from prosecuting those who comply with their state’s medical marijuana laws,” the lawmakers, led by Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR), wrote in a letter sent to the top Republican and Democrat on the House Appropriations Committee on Friday. “We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people.”

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Medical Marijuana Ban A “Disgrace,” Congresswoman Tells Trump Veterans Chief



A congresswoman took a top Trump administration official to task over a policy that blocks military veterans from getting medical marijuana recommendations through the doctors that know them best, calling the federal government’s stance “a shame and disgrace.”

The U.S. Department of Veterans Affairs currently prohibits its physicians from filling out medical cannabis recommendations for veterans, even in states where it is legal.

“Coming from California, of course, you know we have a variety of dispensaries which make marijuana available to patients and veterans who use it for PTSD and chronic pain, and it works,” Congresswoman Barbara Lee (D-CA) told VA Sec. David Shulkin on Thursday.

“So what’s the problem?” she asked. “What’s the federal statute that blocks the VA from doing this, and not letting physicians simply recommend cannabis to veterans who need it? And it’s proven that it works.”

In a series of public remarks over the course of the past year, Shulkin has repeatedly claimed that overarching federal law blocks VA from recommending or even participating in research on medical marijuana.

But advocates have pointed out that there is no federal statute blocking the VA from changing its own internal policies on medical cannabis recommendations.

During the exchange, Shulkin seemed to be unaware of the distinction between prescribing medical marijuana, which no doctor can do due to its Schedule I status, and simply recommending it, which is how patients get access in the 29 states that allow its legal use.

“Filling out a questionnaire, isn’t that the step towards prescribing?” the secretary asked during the exchange with Lee, which took place at a hearing of the U.S. House Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies. “My understanding is federal law would not allow the physician to write the prescription, so I have to understand what the questionnaire would be in order to make a recommendation but not write a prescription.”

“Could we show you that questionnaire, Mr. Secretary?” Lee asked. “Because veterans need this, it works, and it’s a shame and disgrace that the VA is preventing this type of treatment that works.”

“Absolutely,” Shulkin replied. “I’d be glad to review that.”

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Shulkin has the unilateral authority to rescind the internal ban and clear the way for VA doctors to recommend medical cannabis to veterans in states where it is legal, but he has repeatedly claimed that federal law — without citing a particular statute — blocks him from doing so.

In recent weeks, a number of prominent veterans advocacy organizations like the American Legion and Iraq and Afghanistan Veterans of America have stepped up the push for access to medical cannabis.

Veterans Groups Battle Medical Marijuana Ban On Capitol Hill

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