It’s Over, The Feds Want That Blunt Now!

While many states have decriminalized or legalized marijuana use, the drug is still illegal under federal law. Attorney General Jeff Sessions told U.S. attorneys Thursday to aggressively enforce federal laws against marijuana, even in states where weed is legal. Rescinding an Obama-era policy that paved the way for legalized marijuana to flourish in states across the country, Attorney General Jeff Sessions issued the following memo to US attorneys, “It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission.” Federal law prohibits growing, buying and using marijuana. In California, the first state to legalize medical marijuana issued dozens of permits for retailers to begin recreational sales this week, no doubt setting up litigation that will make its way to the Supreme Court. Several states have passed legislation to relax statewide policies of marijuana use for medicinal or for recreational purposes. The previous Justice Department policy under Eric Holder said federal prosecutions would focus on cases of peddling pot to minors, selling marijuana across state borders or growing pot on federal land, or when it involved gangs or organized crime. The move by the nation’s top law enforcement official comes the same week that California began selling recreational marijuana. California  contributes more than 13 percent of the GNP of the US and is the most populous state in the country. Gov. Jerry Brown said the state is projected to run a $1.6-billion deficit in 2018,  a noticeable shift in the state’s fiscal stability that could worsen under federal spending cuts championed by President  Donald Trump. Although the President’s position on the legalization of marijuana has changed during the course of his campaign and subsequent election, AG Jeff Sessions has been a vocal opponent of the legalization of  marijuana from the start, but during Senate confirmation for the Attorney General’s office, it has been suggested by Sen. Cory Gardner (R-Colo.), that Sessions had told him before he was confirmed by the Senate that he would not change an Obama-era policy that discouraged federal prosecutors from pursuing marijuana-related offenses in states where the substance had been legalized. Colorado was the first state to legalize marijuana. While only  30 percent of Colorado municipalities have opted in to the laws that allow marijuana production and retailing,  Colorado’s various fees, sales taxes and excise taxes have risen dramatically, from $17.1 million to $105.8 million annually since legalization. This growth far exceeds the level of marijuana related government receipts since inception in 2012. Recreational  marijuana is legal in Alaska, Maine, Massachusetts, Nevada, Oregon and Washington. There are medical marijuana programs in 28 states. Congress voted in its last session to extend a spending provision known as the Rohrabacher-Blumenauer amendment, which blocks the Justice Department from using federal funds to impede the implementation of state medical marijuana laws.

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