The United States took big steps toward the legalization of marijuana in 2017, and 2018 seemed poised to be another watershed year for states looking to reap the financial benefits of the practice. For those who eagerly awaited legalization in their own state for medical or recreational reasons, everything was looking up. President Trump, known for many controversial policies and positions, seemed intent to remain hands-off on the issue, stating early on that cannabis legalization must remain a state, rather than federal issue.
And then, in the first week of January, everything changed… Or did it? No one really seemed to be sure what to make of Attorney General Jeff Sessions’ proclamation.
First, let’s give a brief review of what the proclamation itself was and what it was purported to change. Then, let’s see how that change has (or hasn’t) played out, now that we’re halfway through the year.
What Exactly Did Sessions Say, and Why Did it Matter?
To understand why what Sessions said matters, we have to understand the federal position prior to the proclamation. During the Obama-era, some states began to legalize not only medical but also recreational marijuana at the state level. This did not affect federal laws regarding cannabis legalization. However, President Obama set forth a policy that tacitly stated that the DEA would not be enforcing federal marijuana prohibition in these states, which allowed for legal (at the state level) grow and sales operations. His administration said that enforcing federal marijuana laws would not be a priority for federal prosecutors. Essentially, the feds would look the other way.
And medical and recreational pot flourished in legal states as a result.
President Trump didn’t seem inclined to make waves on the matter. But then he appointed Attorney General Jeff Sessions, whose opinions on cannabis were, at the very least, not supportive of legalization.
Sessions seemed to live up to his “Just Say No” attitude with a memo to the Justice Department. It essentially took back the Obama administration’s decision to de-prioritize the enforcement of federal marijuana laws. Instead, Sessions said, enforcement of federal marijuana laws would stand on even footing with the enforcement of any other federal law. It would be up to federal prosecutors on a more local level. In a press release, the Department of Justice described the pertinent part of the memo:
Attorney General Jeff Sessions directs all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities. This return to the rule of law is also a return of trust and local control to federal prosecutors who know where and how to deploy Justice Department resources most effectively to reduce violent crime, stem the tide of the drug crisis, and dismantle criminal gangs.
Many took this to mean “go get ‘em, boys,” at least where recreational use was indicated. (A congressional amendment still protects states which have legalized medical marijuana.)
Everyone held their breath to see how this would all play out.
So, How DID it Play Out?
Many cannabis enthusiasts breathed at least a slight sigh of relief when they saw that their state representatives push back against Sessions, as shown in this light-hearted tweet with a strong message:
We'll give Jeff Sessions our legal pot when he pries it from our warm, extremely interesting to look at hands. https://t.co/LF0RpdCiHG
— Colorado Senate Dems (@COSenDem) January 4, 2018
Not only were legal states’ reps stepping up to the plate, the US federal prosecutors in those states… didn’t.
Prosecutors aren’t required to prosecute every broken law they stumble across, and not even broken law brought to their attention. While Sessions proclamation suggested that the US Department of Justice would back them if they did, it doesn’t appear that very many of them are taking him up on it.
Zero, in fact.
Federal involvement in cannabis production and sales in legal states has continued much as it did before—focusing on gang activity, smuggling, cartels, and activities which are also illegal at the state level.
So, We’re Maintaining the Status Quo?
No, not exactly. Sessions’ statements and the Justice Department memo shouldn’t be entirely shrugged off. He does not support legalized marijuana, and may be more hostile to cannabis than his Republican counterparts. Of course, elected Republicans have to deal with the fact that over half of their constituency, including seniors, have softened toward or actively support legalization. Sessions doesn’t.
Despite the Sessions memorandum, efforts to legalize marijuana still made strides in 2018.
Vermont became the first of the states to legalize recreational cannabis through the state legislature alone (versus a ballot measure brought by voters)—and did so under a Republican governor.
Oklahomamoved toward the legalization of medical marijuana this year.
And states and municipalities which have already legalized or decriminalized cannabis are moving ahead with their timelines and show no signs of buckling to federal pressure. For instance, Ohio’s medical marijuana control program, while slow, .
Marijuana Money Matters
Money talks and cannabis is making a whole lot of in legal states—but not just there. It’s also generating big, big profits on Wall Street. Although stocks fell somewhat this year as compared to last year, experts like the Motley Fool crew attribute that mainly to a depressed agricultural season. And they expect profits to continue to grow, although knowing exactly where and how to invest is tricky in a still evolving market.
Why is that important in terms of legalization? Because the guys making the big money certainly aren’t ignoring the political climate. If anything, Wall Street is paying more attention to it (and has more insider information, if you will) than activists.
So cities, states, and even bankers seem to have taken Sessions’ brash statements with a healthy dose of salt.
A bi-partisan Congressional move to roll back the federal ban on cannabis in legal states could be in the works. That would be big news. President Trump has said he could support such a measure, and if he does, Jeff Sessions won’t be able to do much about it. This would be the most meaningful federal legalization reform since Obama’s hands-off policy. Legalization would officially become a state level issue.
The Final Word
Legalization isn’t just a US issue. Our neighbor to the north, Canada, is set to legalize federally by October, which could help pave the way for the US to do so. Numerous international treaties forbid participating countries to legalize at the federal level, and Canada is flying in the face of that—the US federal government will be watching very closely to see what happens. If the answer is “nothing much” or “treaty reform,” that’s one more obstacle removed. Not to mention American companies will be green-eyed with jealousy over the money their Canadian colleagues are pulling in.
Canada’s legalization plan has also already prompted the UK to loosen restrictions on medical marijuana.
Please don’t take anything you read here as medical or legal advice. If you need medical or legal advice, consult a doctor or lawyer. The articles and content that appear on this website have been written by different people and do not necessarily reflect the views of our organization.