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Marijuana Policy Reformers Wary of Jeff Sessions as Attorney General

Dec 08, 2016

attorney general, DEA, Department of Justice, DOJ, Donal Trump, Jeff Sessions, Robert Capecchi


[caption id="attachment_10197" align="alignright" width="170"]jeff_sessions_by_gage_skidmore Sen. Jeff Sessions (PHOTO: Gaga Skidmore)[/caption]

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.

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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.