Jeff Sessions Confirmed as Attorney General


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On Wednesday, Alabama Sen. Jeff Sessions was narrowly confirmed as the new Attorney General in a 51-47 vote, split largely along party lines.

MPP released the following statement from its federal policies director, Robert Capecchi:

“MPP remains cautiously optimistic that the Trump administration will refrain from interfering in state marijuana laws. When asked about his plans for marijuana enforcement, Attorney General Sessions said he ‘echo[es]’ the position taken by Loretta Lynch during her confirmation hearings. He repeatedly acknowledged the scarcity of enforcement resources, and he said he would ensure they are used as effectively as possible to stop illicit drugs from being trafficked into the country.

“President Trump has consistently said that states should be able to determine their own marijuana laws, and his spokesperson made it clear that the attorney general will be implementing the Trump agenda. We are hopeful that Mr. Sessions will follow the president’s lead and respect states’ rights on marijuana policy.

“A strong and growing majority of Americans think marijuana should be made legal, and an even stronger majority think the federal government should respect state marijuana laws. Eight states have adopted laws that regulate and tax marijuana for adult use, and 28 states now have laws that regulate marijuana for medical use. It would be shocking if the Trump administration attempted to steamroll the citizens and governments in these states to enforce an increasingly unpopular federal policy.”

Sessions was asked about marijuana policy on multiple occasions during the confirmation process. During his oral testimony, he conspicuously refrained from committing to enforce federal marijuana prohibition laws in states that are regulating marijuana for medical and adult use, noting the scarcity of resources available. In his written testimony, he said he “echo[es]” the comments made by former Attorney General Loretta Lynch, when she was asked about marijuana enforcement during her confirmation hearing.

President Donald Trump has consistently said that he supports legal access to medical marijuana and believes states should be able to determine their own marijuana policies. During a January appearance on Fox News Channel, Trump spokesman Sean Spicer signaled that Sessions would adhere to Trump’s position that states should be able to establish their own marijuana policies. “When you come into a Trump administration, it’s the Trump agenda you’re implementing and not your own,” he said. “I think Senator Sessions is well aware of that.”

 

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Marijuana Policy Reformers Wary of Jeff Sessions as Attorney General


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Sen. Jeff Sessions (PHOTO: Gaga Skidmore)

President-elect Trump’s pick for the top law enforcement position is known for making some disturbing statements, particularly about marijuana, that have made activists extremely nervous about federal marijuana policy in the next administration. Sen. Jeff Sessions (R-Alabama), who is likely to be confirmed as attorney general in the coming months, has been pretty clear that he is no fan of marijuana, legalization, or marijuana consumers.

The Week reports:

Sessions has called for more federal prosecutions of marijuana growers and businesses in states where it is legal. He said in April that it’s important for the government to send a “message with clarity that good people don’t smoke marijuana.” He declared that “we need grownups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger.”

One of the major difficulties in the burgeoning pot industry has long been the federal government’s ability to prosecute businesses that the states say are legal. Making Sessions the head of the agency in charge of federal law enforcement and prosecutions has many in the cannabis community quite concerned.

Robert Capecchi, the director of federal policies at the Marijuana Policy Project, noted that Sessions would face at least one stumbling block: The Rohrabacher-Farr amendment to the annual appropriations bill (which has to be renewed annually) prohibits the Department of Justice and the DEA from using money to target or prosecute state-compliant medical marijuana businesses. But other than that hurdle, Capechhi said, the only thing standing between Sessions and a crusade against states’ legal pot industries is “just DOJ policy.” And policies are not laws. “There’s nothing set in stone.”

Capecchi, though, is holding out hope, noting that Trump had suggested on the campaign trail that he supported medical marijuana and the states’ rights argument in favor of full legalization. “I think the business man in Mr. Trump can see if you go after these businesses you drive all this legal and regulated marijuana market back underground.”

Many marijuana policy reform supporters, including MPP, are hopeful that Sessions will respect the rights of states to establish their own marijuana policies — a position President-elect Trump took during the campaign). Of course we will be closely monitoring the situation, defending the progress we have made so far, and continuing to pressure the administration and Congress to end marijuana prohibition.

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Vermont Bill to Make Marijuana Legal for Adults Poised for Full Senate Vote


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Today, the Vermont Senate Appropriations Committee voted 4-3 to approve S. 241, a bill that would end marijuana prohibition for adults and create a regulated and taxed system for marijuana production and sale. The bill has already been approved by the Senate Judiciary Committee and the Senate Finance Committee.

Next, S. 241 will move to the Senate floor for a vote by the full Senate, which will probably happen later this week. If it passes there, it will go to the House of Representatives, and the committee process will begin anew after the legislature takes a break for Town Meeting Week (February 29 to March 4).

William-Sorrell
Attorney General William Sorrell

Last week, Vermont Attorney General William Sorrell and two former attorneys general, Jerome Diamond and Kimberly Cheney, sent a letter to legislators encouraging them to move forward with the proposal to end prohibition and regulate marijuana.

Earlier today, Vermont Public Radio released the results of a new poll conducted by the Castleton Polling Institute that found 55% of Vermonters support passing a law to legalize and regulate marijuana for adult use. Only 32% said they are opposed. The survey of 895 Vermonters was conducted February 3-17.

If you are a Vermont resident, please send them an email urging them to support S. 241.

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Vermont Coalition Launches Ad Campaign with Former State Attorney General


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On Tuesday, the Vermont Coalition to Regulate Marijuana held a press conference to announce the launch of an ad campaign featuring former Vermont Attorney General Kimberly Cheney highlighting the benefits of regulating marijuana.

Cheney served as Vermont attorney general from 1973 to 1975. Previously, he served as an assistant attorney general and was elected Washington County states attorney. He has held a variety of other civic positions and is a member of Law Enforcement Against Prohibition (LEAP).

The ads can be viewed here.  Read the rest of this entry »

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Vermont Attorney General Predicts Legislature Will Legalize Marijuana 2016


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Attorney General Bill Sorrell

While many states will be considering making marijuana legal in 2016, Vermont may be the first to do so through its legislature. MPP’s New England Political Director Matt Simon is so optimistic that he is moving to the state from nearby New Hampshire in order to spend more time working with lawmakers there. Now, the state’s attorney general has predicted that Vermont will make history next year.

VTDigger.org reports:

[Attorney General Bill] Sorrell said in an interview Tuesday that while he doesn’t have any “insider information,” it’s his belief that the General Assembly will pass, and the governor will sign, legislation to legalize and regulate the recreational use and sale of marijuana during the upcoming legislative session.

While no “prominent Vermonter” has told him that marijuana will be legalized, his reading of the tea leaves (“or the marijuana leaves,” he quipped) is that this is the year for legalization.

“Let me put it this way, I will be surprised if marijuana is not legalized in this next legislative session,” he said. Read the rest of this entry »

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Initiative to Regulate Marijuana in Massachusetts Filed Today


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Earlier today, proponents of the Campaign to Regulate Marijuana Like Alcohol in Massachusetts filed an initiative regulate-mass_logo_lgthat would make marijuana legal for adults age 21 and older, and would regulate the cultivation, production, and retail sale of the substance.

You can find a summary of the initiative here.

Once the Massachusetts Attorney General has approved the initiative, proponents must collect the signatures of 64,750 Massachusetts voters over a nine-week period from September to November. The petition would then be transmitted to the Massachusetts Legislature. If the legislature does not adopt the measure, initiative backers must collect 10,792 signatures in June 2016 to place the initiative on the November 2016 ballot.

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Eric Holder Reigns in DEA Chief Michele Leonhart for Undermining Obama’s Position on Marijuana Sentencing


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Left, Michelle Leonhart; right, Eric Holder
Left, Michele Leonhart; right, Eric Holder

In recent talks with Attorney General Eric Holder, DEA Chief Michele Leonhart was encouraged to tone down the Drug War propaganda she has been advancing since the Obama administration did not sue the state of Colorado for legalizing marijuana. Since then, she has taken several public stands against the administration’s rhetoric on marijuana legalization and, more recently, lessening the punishment of people who commit federal drug crimes.

According to Huffington Post’s Ryan Reilly and Ryan Grim, Leonhart was “called in” by Holder for a “one [on] one chat about her recent insubordination.” As a 34-year bureaucrat of the DEA, Leonhart is having a hard time shifting her tone away from the DEA’s aggressive stance against illegal drugs.

Since the talks, Leonhart has said she “supports the Attorney General’s sentencing reform initiative to ensure those sentences are imposed appropriately” through legislation like the Smarter Sentencing Act. This type of legislation would save taxpayers billions of dollars and keep thousands of people out of jail for certain types of nonviolent crimes, like marijuana use, by eliminating mandatory minimum sentencing.

Michele Leonhart’s alignment with the Obama administration’s stance on drug sentencing and marijuana policy creates cautious optimism for change in the prosecution of unnecessary federal arrests.

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New DOJ Charging Policy to be Applied to Pending Cases


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Attorney General Eric Holder

In August, Attorney General Eric Holder announced that the DOJ would avoid prosecuting low-level, non-violent drug offenders with harsh charges that carry mandatory minimums.

Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities. However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.

Now, the DOJ has taken another step and announced that the new policy will also apply to persons who have been charged but not yet tried and persons who have been tried but not yet sentenced. The attorney general instructed his prosecutors to re-file charges in these cases so that low-level offenders will not be subjected to disproportionate sentences.

I am pleased to announce today that the department has issued new guidance to apply our updated charging policy not only to new matters, but also to pending cases where the defendant was charged before the policy was issued but is still awaiting adjudication of guilt. 

This announcement comes in the wake of a statement by the DOJ last month that the federal government would allow states to continue with their plans to regulate and tax marijuana without interruption, so long as they meet certain criteria.

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U.S. Senate Judiciary Committee to Hold Hearing on ‘Conflicts Between State and Federal Marijuana Laws’


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UPDATE: U.S. Attorney General Eric Holder will testify at the hearing.

U.S. Sen. Patrick Leahy (D-VT) announced Monday that the Senate Judiciary Committee will hold a hearing on “Conflicts Between State and Federal Marijuana Laws.” Sen. LeahyLeahy has reportedly invited U.S. Attorney General Eric Holder and Deputy Attorney General James Cole to speak to the committee.

The hearing is scheduled for September 10 at 10 a.m. ET in Room 216 of the Hart Senate Office Building.

Sen. Leahy has said he believes state laws making marijuana legal for adult or medical use “should be respected.”

MPP’s director of government relations Dan Riffle had this to say:

“Two states have made marijuana legal for adult use and are establishing regulated systems of production and distribution. Twenty states plus our nation’s capital have made it legal for medical use. By failing to recognize the decisions of voters and legislators in those states, current federal law is undermining their ability to implement and enforce those laws.

“Marijuana prohibition’s days are numbered, and everyone in Washington knows that. It’s time for Congress to stop ignoring the issue and develop a policy that allows states to adopt the most efficient and effective marijuana laws possible. We need to put the ‘reefer madness’ policies of the 1930s behind us and adopt an evidence-based approach for the 21st century.”

This could be a really big deal. We’ll keep you posted.

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Colo. Attorney General: Treating Marijuana Magazines Like Porn is Unconstitutional


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MPP’s Mason Tvert debating Attorney General Suthers in 2006

Colorado’s staunchly anti-marijuana attorney general, John Suthers, has declared that a rule created by the legislature to treat marijuana-themed publications like pornography is unconstitutional and said the state will not defend it in court. His determination came after state marijuana regulators concluded that it was not constitutional and should not be enforced.

The Associated Press reports:

The magazine requirement was part of a larger set of laws enacted to state how the newly legal drug should be grown and sold. The behind-the-counter restriction was adopted after parents testified that their children should be protected from exposure to magazines touting the drug,  which remains illegal under federal law.

The resulting law left Colorado in an unusual position — one of only two states to allow recreational use of the drug,  while also the only state to restrict the display of publications about marijuana. The state’s decision to reject the magazine restriction was applauded by marijuana legalization activists.

“The idea that stores can prominently display magazines touting the joys of drinking wine and smoking cigars, yet banish those that discuss a far safer substance to behind the counter, is absolutely absurd,” wrote Mason Tvert,  who campaigned for Colorado’s pot law and now is spokesman for the Marijuana Policy Project.

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