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Trump Attorney General Nominee Won’t Go After Legal Marijuana Businesses And Urges Congress To Act

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At his confirmation hearing on Tuesday, attorney general nominee William Barr said he would not go after marijuana companies that have operated in compliance with earlier Justice Department guidance that was rescinded last year by his predecessor, Jeff Sessions.

He also encouraged Congress to address the conflict between federal and state cannabis policies.

“My approach to this would be not to upset settled expectations and the reliant interests that have arisen as a result of the Cole memorandum,” Barr said, referring to a memo on federal marijuana enforcement priorities that Sessions revoked in early 2018. “However, I think the current situation is untenable and really has to be addressed. It’s almost like a backdoor nullification of federal law.”

Sen. Cory Booker (D-NJ) asked Barr what he would do to address the issue and whether he felt it was “appropriate to use federal resources to target marijuana businesses that are in compliance with state law.”

“I’m not going to go after companies that have relied on Cole memorandum,” Barr replied. “However, we either should have a federal law that prohibits marijuana everywhere, which I would support myself because I think it’s a mistake to back off marijuana. However, if we want a federal approach—if we want states to have their own laws—then let’s get there and get there in the right way.

Booker, who has sponsored a bill to remove cannabis from the Controlled Substances Act and penalize states where marijuana enforcement is disproportionate, said he was glad to hear Barr’s comment on not taking action against state-legal marijuana businesses.

Sen. Kamala Harris (D-CA) also pressed Barr about his stance on federal marijuana enforcement. She asked whether the nominee intended to use the limited federal funds at his disposal to go after cannabis businesses in compliance with state law.

“No, I thought I answered that by saying that to the extent that people are complying with the state laws—distribution and production and so forth—we’re not going to go after that,” Barr said. That said, “I think it’s incumbent on the Congress to make a decision as to whether we’re going to have a federal system or whether it’s going to be essential federal law. This is breeding disrespect for the federal law.”

Sen. Cory Gardner (R-CO), who has sponsored broad marijuana reform legislation that last year earned an endorsement from President Trump, said he is “encouraged” by Barr’s statements.

Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment that “Barr’s comments on not going after state-legal marijuana are a welcome development, and a break with his predecessor.”

“He should now commit his department to working with Congress on a solution to the state vs. federal conflict, so that we can reform our outdated marijuana laws in a way that is consistent with racial justice values,” Collins said.

Other advocates saw the comments as positive, though one noted that Barr seems to personally opposed marijuana law reform even while he indicated he wouldn’t interfere with the implementation of state laws.

“While it is encouraging that William Barr committed to not enforce federal prohibition, his insistence that he believes in the policy of prohibition is a clear signal that the Department of Justice will continue to be led by an individual who refuses to acknowledge the successful implementation of reforms in states throughout the nation,” Justin Strekal, political director of NORML, told Marijuana Moment.

Strekal said Barr’s pledge not to interfere in state-legal marijuana activities gives Congress “a clear mandate to take action and end the underlying policy of federal criminalization.”

Don Murphy, director of federal policies for the Marijuana Policy Project, told Marijuana Moment that Barr’s newly stated stance effectively “green lights the marijuana industry” in spite of concerns reform advocates expressed about the Trump administration after the 2016 presidential election. He said the exchange represented a “big win for marijuana policy reformers.”

“Senator Booker delivered for advocates and AG nominee Barr delivered for the industry.”

Also at the hearing, Booker questioned the nominee’s broader views on mass incarceration and racial disparities in the criminal justice system. Barr defended his earlier call for increased incarceration in the 1990s, saying it was made in the context of historically high crime rates and was directed at chronic, violent offenders.

But he also agreed to commission a Justice Department study about racial disparities in the criminal justice system and recognized that harsh penalties for non-violent drug crimes have specifically “harmed the black community—the incarceration rate on the black community.”

Harris also challenged Barr to “take a look at the more recent perspective on the drug crisis that is afflicting our country.”

She said there’s “now an understanding that the war on drugs was an abject failure, that America frankly has a crisis of addiction and that putting the limited resources of our federal government into up locking people who suffer from a public health crisis is probably not the smartest use of taxpayer dollars.”

One of the last senators to question Barr during the first round, Sen. Thom Tillis (R-NC), also brought up cannabis. He asked whether it was fair to characterize the nominee’s statements as essentially imploring Congress to settle the issue, regardless of where he personally stands on marijuana policy.

“That’s generally fair, yes,” Barr said.

This story has been updated to include additional comments from Barr, Booker, Gardner, Harris and Tillis, as well as marijuana policy reform advocates.

Where Trump’s Pick For Attorney General Stands On Drug Policy

Photo courtesy of The Washington Post/YouTube.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Senators Cite Marijuana Arrests Of U.S. Citizens In Border Patrol Oversight Request

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Three senators requested a review of Border Patrol immigration checkpoint actions on Tuesday, citing a past report that found a significant number of searches and seizures were executed against U.S. citizens for low-level marijuana possession.

The request to the Government Accountability Office (GAO) outlines a number of data points concerning checkpoint enforcement that the senators say are necessary to collect in order to assess compliance with the Fourth Amendment. That includes information on rationale for checkpoint stops, data collection and protocol for searches.

“In 2017, the GAO published a report that looked at, among other things, the Border Patrol strategy of placing and utilizing immigration checkpoints generally between 25 and 100 miles from the border,” Sen. Patrick Leahy (D-VT) wrote in a letter to Comptroller General Gene Dodaro. “As a result of this review, the GAO found that 40 percent of checkpoint seizures were from U.S. citizens for one ounce or less of marijuana.”

Though the letter—which was also signed by Sens. Patty Murray (D-WA) and Gary Peters (D-MI)—didn’t specifically request information on marijuana seizures, it did inquire about the number of U.S. citizens apprehended and the reason for their arrests. It also asks, “How frequently does the agency analyze trends in drug seizures and apprehensions to evaluate its priorities at each checkpoint?”

“Comprehensive data on who receives additional screening at checkpoints, and the reasonable suspicion that undergirds these encounters, searches, and seizures, is fundamental to understanding if and how Border Patrol abides by constitutional limits,” the letter states.

Leahy and Murray also called for the collection of data on “the quantities of drugs detected” during canine checkpoint searches in legislation the pair reintroduced last month.

“Unless a government agent has a legitimate reason to stop and search you—a reasonable suspicion or probable cause—Americans should not be subject to questioning and detention for merely going about their daily lives,” Leahy said in a press release. “The Trump administration cannot be trusted to use its finite resources in a way that protects our civil liberties and reflects our values.”

It’s not clear if cannabis seizures for U.S. citizens remain prominent at immigration checkpoints since the 2017 report was released, but one thing that the Customs and Border Protection has made clear is that it doesn’t matter if a stop takes place in a state that’s legalized marijuana—it enforces federal law.

That applies to instances of illicit drug trafficking across the border, too. But as more states like California have legalized cannabis, border agents have seized less and less marijuana.

GOP Congressman Will Meet Attorney General To Discuss Expanding Marijuana Research

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Congressman Tells Joe Rogan He Backs States’ Marijuana Rights But Actually Voted Against Them

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Joe Rogan debated the merits of marijuana legalization on Tuesday with a Republican congressman who ultimately conceded that medical cannabis should be federally legal and states should be empowered to set their own legalization policies.

But neither Rogan nor Rep. Dan Crenshaw (R-TX) mentioned the fact that he recently voted against a House amendment to shield state marijuana laws from federal interference and has not added his name as a cosponsor of several pending medical cannabis bills.

The congressman, a former Navy SEAL, didn’t rule out the possibility of coming around to endorsing adult-use legalization but voiced several concerns about the prospect, including underage usage, the lack of technology to detect impaired driving and reduced productivity.

“I can be convinced, but I’m not there yet,” he said on The Joe Rogan Experience podcast. “I’m definitely more open to just the federal legalization of medical marijuana and all the benefits that come with that. On the recreational side, I’m happy to leave that up to the states.”

“My issue with recreational marijuana still—and this is not a strong opinion I have, this is not a hill I’m dying on by any means—but if we’re going to change it, I want to understand what the point is, what the benefits are of it recreationally,” he said. “I understand the benefits medically very well, but I want to understand the recreational benefits and I want to see how this data plays out in places like California and Colorado.”

Rogan emphasized that alcohol is federally legal despite risks to young people, but Crenshaw, an avowed scotch fan, said his “counter is simply this: the alcohol issue is out of the bag” and that we’re “never going to put that back in.”

“My point is this: there’s a normalization that occurs when you legalize something,” the congressman said. “What you’ve done though is you normalized it for teenagers. There’s a lot of people who can just live their lives extremely productively and smoke pot a lot. And there’s a lot of people who can’t and there’s a lot of people who don’t.”

“Those people are lazy bitches,” Rogan said.

“Don’t you have to drink way more scotch to get even close to the basic cognitive incoherence that you’d be with just one bite of a brownie?” Crenshaw asked.

“You would, but not me,” Rogan said. “I smoke pot all the time. I could have smoked pot before this podcast and had the exact same podcast. I could have had several hits. If I gave you several hits, you’d be obliterated.”

“On a personal level, I’m just not opposed to what you’re saying at all,” Crenshaw said. “From a policy level though I just look at things different.”

That stance is reflected in the freshman congressman’s record. Despite voicing support for medical cannabis and leaving recreational legalization up to the states, he’s declined to cosponsor any legislation on the former issue and proactively voted against an amendment to protect states that legalize marijuana for adult use from federal intervention.

(On another drug policy issue near and dear to Rogan that didn’t arise during the interview, Crenshaw also voted against an amendment from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed barriers to research on the benefits like psilocybin and MDMA.)

Crenshaw said his perspective wasn’t formed out of naivety and that he tried marijuana and didn’t like it. He also argued that cannabis “does reduce productivity I think more than alcohol does.”

“As a policymaker, I have to look at the whole situations. I see people like you and you’re like you’d be fine, why not?” he said. “But I do have to take into account the entirety of the situation and ask myself, ‘well, what is the benefit to society doing this?'”

Rogan said that marijuana facilitates community bonding and makes people happier—to which Crenshaw responded “I don’t know, I think alcohol is much more of a social lubricant—it definitely makes you meaner too—but I mean as far as getting along with people and interacting with human beings.”

“I’m not dying on this hill. I have questions, and those questions are unanswered,” he said, adding that the “bottom line is that’s a state decision” to legalize recreationally.

“As far as the battles that we should fight at the federal level, we’ve got to start with the medical side. I think the science is clear there,” he said.

“Another reason I’m a Republican is because I believe in somewhat slower policymaking too. These conversations have to play out in society and we don’t always need to solve the problem right away. I think the medical conversation is the one we should be fighting for. I think the recreational side is a few steps beyond that. We’ll get to know and we’ll know more.”

Later in the podcast, Crenshaw defended the broader war on drugs and argued that “you might feel like you’re losing all the time, but you’re mitigating” drug use through prohibition enforcement.

GOP Congressman Will Meet Attorney General To Discuss Expanding Marijuana Research

Photo courtesy of YouTube/Joe Rogan Experience.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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New York And Connecticut Governors Talk Marijuana Legalization On Fishing Trip

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The governors of New York and Connecticut went fishing and talked about marijuana legalization on Tuesday.

The conversation comes after lawmakers in both states were unable to pass legalization legislation before their respective sessions’ ends this year, despite having the support of New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D).

“We talked about policy issues like the marijuana issue, which is obviously also relevant to contiguous states,” Cuomo said at a press conference following the fishing trip. “What Connecticut does on marijuana is relevant to New York, what New York does is relevant to Connecticut so we talked about that and a lot of issues. So we had fun.”

Watch Cuomo’s marijuana comments at about 5:00 into the video below:

Cuomo had described legalization as a top legislative priority for 2019 and included it in his state budget proposal. But after months of negotiations with lawmakers, the plan fell through, due in part to disagreements about how to allocate tax revenue and whether to allow individual jurisdictions to opt out of allowing cannabis businesses.

The governor did sign legislation in July that expands the state’s marijuana decriminalization policy and provides a pathway for expungements of past marijuana convictions.

Over in Connecticut, Lamont campaigned on legalization during his election bid last year and described it as one of his administration’s “priorities” after he took office. But as with neighboring New York, the legislature failed to advance a legalization bill beside multiple successful committee votes and hearings throughout the year.

The specifics of what the governors talked about during their fishing expedition on Lake Ontario aren’t clear, but both are presumably gearing up for another round of legislative efforts marijuana over the coming year and could take lessons from each other as reform talks continue.

Another East Coast state, New Jersey, has also struggled to move legalization legislation forward, with lawmakers saying that the issue should be taken up by voters in 2020 rather than pushed through the legislature, though there has been discussion lately about another try at moving a bill before year’s end. Gov. Phil Murphy (D) did sign a decriminalization and expungements bill in May, however.

Federal Data Shows Youth Marijuana Use Isn’t Increasing Under Legalization

Photo courtesy of CBS 6.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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