Justice Department to Rescind Obama-Era Relaxation of Marijuana Prosecution
Decision by Attorney General Jeff Sessions comes days after California became the latest state to permit sale of the drug for recreational use
Attorney General Jeff Sessions is set to permit local U.S. attorneys to decided for themselves whether to more aggressively enforce drug laws restricting marijuana in states where the drug is legalized for medical and recreational purposes.
Attorney General Jeff Sessions Thursday is expected to rescind an Obama-era Justice Department policy that took a largely hands-off approach to the marijuana industry in states that have legalized the drug’s sale for medical and recreational purposes, according to an official familiar with the plan.
The attorney general will instead permit local U.S. attorneys, the top federal prosecutors in the states, to decide whether to more aggressively enforce drug laws governing marijuana trafficking and sales.
The decision comes days after California became the latest state to permit the sale of marijuana for recreational use. More than 25 states and the District of Columbia permit the sale of marijuana for medical or recreational use.
Mr. Sessions has made it clear he holds a dim view of marijuana and believes it can lead users to try harsher and more dangerous drugs.
In the move to be announced Thursday, Mr. Sessions will rescind what is known as the “Cole memo” regarding federal enforcement of marijuana statutes.
In that memo, issued in August 2013, then-Deputy Attorney General James Cole instructed federal prosecutors to focus on organizations trafficking to children, engaging in violence or selling marijuana where it is illegal under state law.
Mr. Cole said states that had legalized marijuana and enacted strong regulatory measures were “less likely to threaten” such federal priorities as preventing violence and selling to children.
In such states, he wrote, it would be best to leave enforcement of marijuana to local authorities. If state and local regulations aren’t up to the task, he added, the Justice Department could challenge the rules in court while bringing criminal prosecutions.
The proposed move by Mr. Sessions is generating controversy—even before it has been announced. Sen. Cory Gardner (R., Colo.) said on Twitter he was prepared to hold up Justice Department nominees if Mr. Sessions were to follow through with his proposal. Mr. Gardner said the move “directly contradicts what Attorney General Sessions told me prior to his confirmation. With no prior notice to Congress, the Justice Department has trampled on the will of the voters in CO and other states.”
Colorado and Washington were the first states to legalize recreational use of marijuana.
"Darwin was the first to use data from nature to convince people that evolution is true, and his idea of natural selection was truly novel. It testifies to his genius that the concept of natural theology, accepted by most educated Westerners before 1859, was vanquished within only a few years by a single five-hundred-page book. On the Origin of Species turned the mysteries of life's diversity from mythology into genuine science." -- Jerry Coyne
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