A bipartisan group of U.S. Senators is asking the U.S. Department of Justice to clarify the Trump administration’s policy on law enforcement in states that have legalized the recreational use of marijuana.
The group of senators, which include Senators Patty Murray (D-WA) and Maria Cantwell (D-WA), sent a letter to U.S. Attorney General Jeff Sessions this week expressing concern that the Trump administration may begin enforcing federal law in states that have legalized marijuana.
Eight states — Washington, Oregon, Alaska, California, Colorado, Maine, Massachusetts and Nevada — and the District of Columbia have passed laws allowing for the recreational use of marijuana, while 28 states have medical marijuana laws, and 21 states have decriminalized the use of marijuana.
The letter was prompted by White House Press Secretary Sean Spicer’s remarks during his Feb. 23 press briefing that suggested the public would soon see “greater enforcement” against any state that has legalized use of the drug. Federal law still outlaws the use of marijuana.
“It is essential that states that have implemented any type of practical, effective marijuana policy receive immediate assurance from the DOJ that it will respect the ability of states to enforce thoughtful, sensible drug policies in ways that do not threaten the public’s health and safety,” the senators wrote.
“This ensures that state infrastructure, including tax revenue, small businesses, and jobs, can be protected; DOJ resources can be used most effectively; and most importantly, that marijuana can be properly regulated to improve public health and safety.”
The federal Controlled Substances Act outlaws the possession, cultivation and distribution of marijuana except for authorized research.
In 2013, however, during the Obama Administration, the Department of Justice spelled out the interaction of state and federal laws regarding marijuana use in what’s become known as the “Cole Memorandum.”
According to the memorandum, enforcement of marijuana-related activities should be addressed primarily by state regulatory bodies and local law enforcement in states with “strong and effective regulatory systems” already in place.
It is unclear whether the Trump administration will leave this guidance in place.
The letter was also signed by Senators Elizabeth Warren (D-MA), Lisa Murkowski (R-AK), Ron Wyden (D-OR), Jeff Merkley (D-OR), Ed Markey (D-MA), Brian Schatz (D-HA), Catherine Cortez Masto (D-NV), Cory Booker (D-NJ) and Michael Bennet (D-CO).
