Washington State Responds To Attorney General Sessions’ Veiled Threats

Jeff_Sessions_(29299022521)As first reported by Tom Angell of MassRoots.com, Washington State Governor Jay Inslee and Attorney General Bob Ferguson responded to a July 24 letter from US Attorney General Jeff Sessions, in which Sessions’ made multiple allegations all based on a single misleading 2016 report.

One would say, they didn’t pull any punches:

“Your letter, citing the March 2016 Northwest High Intensity Drug Trafficking Area (NW HIDTA) report on marijuana in Washington, makes a number of allegations that are outdated, incorrect, or based on incomplete information.”

 

Cutting right to the heart of the matter, i.e. facts, the Washington state leaders again articulated their desire to educate the (seemingly willing) ignorant Sessions.

“We have twice requested an in-person meeting with you because we believe it will lead to better understanding than exchanging letters. If we can engage in a more direct dialogue, we might avoid this sort of miscommunication and make progress on the issues that are important to both of us. We therefore reiterate our request to meet with you, followed by further appropriate meetings between state and DOJ officials.”

 

One of the most basic functions of government is to simply provide consistency and certainty in law enforcement. So after repeated efforts by the state’s leadership to receive clarification, basic facets of the Department of Justice’s approach are still unknown. In yet another attempt for guidance, the Governor and state Attorney General requested information on:

  • Whether DOJ intends to follow recommendations from its Task Force on Crime Reduction and Public Safety—in particular, its reported recommendation to continue previous federal policy on state legalization of marijuana.
  • Whether President Trump’s previous statements of support for medical marijuana, and leaving recreational marijuana legalization to the states, represent the policy of the federal government.
  • Whether DOJ will support reasonable federal policies allowing financial institutions to provide service to licensed marijuana businesses, in order to avoid the public safety risks and transparency problems associated with all-cash businesses.
  • How state-regulated marijuana should be treated by the federal government following the President’s declaration that the opioid crisis constitutes a national emergency, and whether the federal government will support objective, independent research into the effects of marijuana law reform on opioid use and abuse.
  • Whether the federal government will help protect public health by supporting agricultural research on the safety of pesticides used in marijuana cultivation.
  • Whether the federal government will support research into expedited roadside DUI testing methods for law enforcement, as alternatives to blood draws.

 

How Attorney General Sessions will respond, only time will tell.

You can click HERE to send a message to your Representative to urge their support for The Respect State Marijuana Laws Act, bipartisan legislation to prevent the Department of Justice from enforcing federal prohibition in states that have chosen to legalize medical or adult-use marijuana.

You can view the full letter from Governor Inslee and AG Ferguson below:

Washington Officials Respond to Sessions Marijuana Letter by tomangell on Scribd

Vote Expected Tomorrow On Medical Marijuana

Medical marijuanaTomorrow, the Senate Appropriations Committee will have to decide: Will they protect our nation’s 2 million lawful medical marijuana patients or subject them to the wrath of Attorney General Jeff Sessions?

The amendment they will be debating, known as Rohrabacher-Blumenauer, simply prevents the United States Department of Justice from spending any of our tax dollars enforcing federal marijuana prohibition against the 30 states which have now, or are in the process of, implementing a medical cannabis system.

Tell your Senators to protect patients by supporting the Rohrabacher-Blumenauer Amendment

There is NO moral reason to punish qualified patients and veterans from accessing marijuana for its therapeutic effects. Recently released data has revealed that the enactment of medical cannabis access is associated with lower rates of opioid abuse and mortality, and does not negatively impact workplace safety, teen use rates, or motor vehicle safety.

Yet, in a letter to members of Congress on May 1, Sessions demanded the end of Rohrabacher-Blumenauer, citing: “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

This is the delusional leadership we have coming out of the Justice Department. A man who equates those suffering from PTSD, cancer, AIDS, and other dire medical conditions to members of violent drug cartels.

We cannot allow Jeff Sessions to be the only one communicating with Congress. SEND A MESSAGE TO YOUR SENATORS NOW.

If At First You Don’t Succeed, Try, Try Again!

As an attorney, I am always disappointed that the courts in this country – both at the state and federal level – have refused to get involved in the efforts to end marijuana prohibition and end the practice of treating responsible marijuana smokers as criminals. But that is the reality.

While the courts in this country have played a leading role in ending racial discrimination, in guaranteeing women the right to obtain a legal abortion, in protecting the rights of the LGBT community, and in many other areas involving the protection of personal freedom, they have consistently rejected attempts to declare state and federal anti-marijuana laws as unconstitutional.

But that does not mean that we should give up the fight in the courts, and rely only on voter initiatives and elected officials to fix this problem. As long as there are new legal arguments to be made, and fresh and hopefully more convincing facts to be argued, we must continue to engage the courts in this struggle for personal freedom.

Washington, et.al v. Sessions, et.al

One such legal challenge, Washington, et.al v. Sessions, et.al, was recently filed in US District Court in the Southern District of New York by lead attorney Michael Hiller, with NORML Legal Committee (NLC) attorneys David Holland and Joseph Bondy serving as co-counsel. The full complaint can be found here.

Individual plaintiffs in the suit were two young children, an American military veteran, and a retired professional football player, all of whom are medical marijuana patients; and a membership organization alleging their minority members have been discriminated against by the federal Controlled Substances Act.

Seeking to overturn the 2005 Supreme Court decision in Gonzales v. Raich, plaintiffs request a declaration that the CSA, as it pertains to the classification of Cannabis as a Schedule I drug, is unconstitutional, because it violates the Due Process Clause of the Fifth Amendment, an assortment of protections guaranteed by the First Amendment, and the fundamental Right to Travel. Further, plaintiffs seek a declaration that Congress, in enacting the CSA as it pertains to marijuana, violated the Commerce Clause, extending the breadth of legislative power well beyond the scope contemplated by Article I of the Constitution.

Named as defendants in the case are Attorney General Jeff Beauregard Sessions, Acting Administrator of the DEA Chuck Rosenberg, the Justice Department, the DEA and the Federal Government.

In their Complaint, plaintiffs allege that the federal government does not, and could not possibly, believe that Cannabis meets the definition of a Schedule I drug, which is reserved for the most dangerous of substances, such as heroin, LSD, and mescaline; and that classifying Cannabis as a “Schedule I drug,” is so irrational that it violates the U.S. Constitution.

 Among the other claims in the lawsuit are that the CSA: (i) was enacted and implemented in order to discriminate against African Americans and to suppress people’s First Amendment rights; and (ii) violates plaintiffs’ constitutional Right to Travel.

Joseph Bondy, a federal criminal defense attorney and legalization advocate, explained he felt it was important to “question the agenda of those who continue to push for enforcement of the CSA, given its unlawful and discriminatory impact and that so few in America support such an effort.” Co-counsel David Holland, a litigator and Executive Director of Empire State NORML, noted that “the efforts to criminalize Cannabis are relatively recent and were largely underwritten by racial and ethnic animus,” referring to recent findings that African Americans and other persons of color are four times as likely to be arrested under the CSA than white Americans, even though marijuana is used equally by people of color and Caucasians.

Perhaps the federal courts will surprise us at long last and finally take a critical look at marijuana prohibition, and find the courage to declare the CSA to be unconstitutional. That would be an enormous step forward in ending marijuana prohibition altogether. But regardless of the outcome of this particular suit, it is encouraging to see the criminal defense bar continue to push the legal envelope, and to advance the best and latest legal and factual arguments. At some point, the courts will have no choice but to strike downC1_8734_r_x prohibition as a violation of our personal freedom.

 

 

Marijuana is NORML: 45% of Americans Have Tried Cannabis

According to recently released polling data from Gallup, nearly half of all Americans have tried marijuana at one point in their lives, an all time high since they began asking the question in 1969 when only 4% of Americans admitted to having tried the substance.

gallup1

Additionally, 12% of survey respondents said they currently consume marijuana.

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Gallup concludes:

“With 29 U.S. states allowing medical marijuana use, and eight allowing recreational use, legal cannabis is taking hold in American society.

There may be obstacles to marijuana becoming fully “accepted” in the United States. Attorney General Sessions appears to be cracking down on marijuana use, and driving under the influence of pot continues to be a concern for many.

Despite legal hurdles, however, a record-high percentage of Americans say they have tried marijuana.
Smoking pot is still not as prevalent as cigarette smoking in the U.S., at 17%, but current marijuana usage is about as high as it has been.

If more states legalize the drug, regular usage — or at least experimenting with marijuana — could rise. Legality may confer a certain societal acceptance of the drug. Sessions’ hopes to prosecute state-level marijuana crimes may prove to be a hindrance, but it is unlikely this multibillion-dollar industry will be stopped anytime soon.”

Read the full survey results here.

Congress’ 2017 Budget Plan Reauthorizes Protections For State Medical Cannabis Programs

thumbs_upSpending legislation approved by Congress and signed into law reauthorizes language protecting state-sanctioned medical marijuana and industrial hemp programs.

Specifically, Section 537 of the Consolidated Appropriations Act of 2017, states that no federal funds may be appropriated to “prevent any [state] from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana..” That language, initially passed by Congress in 2014, is now known as the Rohrabacher-Blumenauer amendment.

A similarly worded amendment protecting state-sponsored hemp programs was also reauthorized.

Both amendments will remain in effect until September 30, 2017, at which time members of Congress will once again need to either reauthorize the language or let the provisions expire.

Forty-six states now recognize the therapeutic use of either cannabis or cannabidiol derived products. Thirty states recognize hemp as an industrial crop.

Eight States regulate the adult use, production, and sale of marijuana. Non-medical, retail marijuana businesses operating in these states are not protected by these amendments and still remain vulnerable to federal interference or prosecution. In February, White House Press Secretary Sean Spicer publicly said that the administration was considering engaging in “greater enforcement” of federal anti-marijuana laws in these jurisdictions.

The National District Attorneys Association Is Lying About Marijuana

Cannabis PenaltiesA recently released white paper published by the National District Attorneys Association is calling for the federal government to strictly enforce anti-cannabis laws in states that have regulated its production and distribution for either medical or recreational purposes.

The working group, which consists of D.A.s and prosecutors from more than a dozen states (including representatives from adult use states like California and Colorado), hopes to influence the Trump administration to set aside the 2013 Cole memorandum. That memorandum, authored by former US Deputy Attorney General James Cole, directs state prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

“To maintain respect for the rule of law, it is essential that federal drug enforcement policy regarding the manufacture, importation, possession, use and distribution of marijuana be applied consistently across the nation,” the NDAA paper concludes.

Predictably, authors repeat numerous falsehoods about marijuana and marijuana policy in an effort to bolster their call for a federal crackdown. Specifically, authors allege that cannabis damages the brain to a far greater extent than alcohol and that statewide regulations have increased young people’s access to the plant. Both claims are demonstrably false.

The NDAA opines, “[Marijuana] is not like alcohol … because alcohol use does not cause the same type of permanent changes to teens’ ability to concentrate and learn.” Yet, well controlled studies dismiss the contention that cannabis exposure causes permanent structural damage to the brain.

Specifically, a 2015 study assessed brain morphology in both daily adult and adolescent cannabis users compared to non-users, with a particular focus on whether any differences were identifiable in the nucleus accumbens, amygdala, hippocampus, and the cerebellum. Investigators reported “no statistically significant differences … between daily users and nonusers on volume or shape in the regions of interest” after researchers controlled for potentially confounding variables. In contrast to marijuana, researchers acknowledged that alcohol “has been unequivocally associated with deleterious effects on brain morphology and cognition in both adults and adolescents.”

The NDAA further claims, “Legalization of marijuana for medical use and recreational use clearly sends a message to youth that marijuana is not dangerous and increases youth access to marijuana.”

But data from the US Centers for Disease control reports that young people’s access to marijuana has fallen by 13 percent since 2002. The agency further reports, “Since 2002, the prevalence of marijuana use and initiation among U.S. youth has declined” – a finding that is consistent with numerous prior studies.

Moreover, state-specific post-legalization data published in March by the Colorado Department of Public Health concludes: “[M]arijuana use, both among adults and among youth, does not appear to be increasing to date. No change was observed in past 30-day marijuana use among adults between 2014 (13.6 percent) and 2015 (13.4 percent). Similarly, there was no statistically significant change in 30-day or lifetime marijuana use among high school students between 2013 (lifetime: 36.9 percent, 30-day: 19.7 percent) and 2015 (lifetime: 38.0 percent, 30-day: 21.2 percent).” 2016 data compiled by Washington State Department of Social and Health Services similarly finds that “rates of teen marijuana use have remained steady” post legalization.

The National District Attorneys Association is the largest and oldest prosecutor organization in the country. Their mission is to be “the voice of America’s prosecutors and strives to support their efforts to protect the rights and safety of the people in their communities.”

The full text of the their paper, entitled “Marijuana Policy: The State and Local Prosecutors’ Perspective,” is available online here.

This 4/20, Demand To End Prohibition, Again.

image420actionIt’s that time of the year again. Long recognized as the national marijuana holiday, April 20th presents us with an opportunity to make our voices heard: 

Click here to sign up for the Online Day of Action

When Jeff Sessions was nominated Attorney General, NORML worked with all of you to send out a “Thunderclap,” a powerful social media tool that enabled us to reach more than 2 million people with our #JustSayNoToSessions campaign. While we were unable to stop Sessions from being confirmed, he did hear the message loud and clear. Just last week, he said:

“When they nominated me for Attorney General, you would have thought the biggest issue in America was when I said, ‘I don’t think America’s going to be a better place if they sell marijuana at every corner grocery store, (People) didn’t like that; I’m surprised they didn’t like that.

Now, with the establishment of the Cannabis Caucus and the introduction of the Ending Marijuana Prohibition Act of 2017, we must make every member of Congress feel the same pressure.

NORML has been in this fight for over 47 years because we believe that responsible adults who choose to consume marijuana should not be be persecuted or stigmatized. Despite our recent victories, the forces of the prohibition-industrial complex remain strong and the government’s marijuana misinformation campaign that has spanned from Reefer Madness to D.A.R.E. is still deeply entrenched. However, just as we have for decades, we will fight on and not be deterred.

We must continue to educate our legislators and neighbors alike. That is why on this 4/20 we are calling upon Americans to contact their members of Congress and say “Enough is Enough” to marijuana prohibition

Sessions’ DOJ Reviewing Marijuana Enforcement Policies, Governors Fight Back

arrestedUnited States Attorney General Jeff “Marijuana Consumers Aren’t Good People” Sessions has issued a formal memorandum calling on members of the Justice Department’s Task Force on Crime Reduction and Public Safety to “undertake a review of existing policies,” including federal enforcement policies with regard to cannabis.

The memo was sent on April 5 to 94 U.S. Attorney’s Offices and Department of Justice component heads.

The Attorney General has requested a report back from task force members by no later than July 27th. You can read the full memo here.

The release of this memorandum provides us with a general time frame during which to expect any formal announcements from the new administration with regard to addressing marijuana policy — specifically whether the Justice Department will respect state legalization laws.

In the interim, members of Congress can remove all of the bite from Jeff Sessions’ bark by approving the bipartisan Respect State Marijuana Laws Act, which prevents the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

Speaking recently before Congress, Attorney General Sessions said that his job is to enforce federal law. Let’s change federal law to ensure that our reform victories remain in place, and so that we can build upon these victories in the future.

CLICK HERE TO CONTACT YOUR REPRESENTATIVE IN SUPPORT OF RESPECTING STATE MARIJUANA LAWS.

But while the Justice Department contemplates its next move, state politicians are taking action. In recent days, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the Obama Administration’s largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo.

“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”

Political and social change rarely comes from the top on down, it comes from the bottom up. That is why it is imperative for you to not only contact your federal officials in support of changing policy, but also to continue to push for change at the local and state level.

Click HERE to view pending federal and state legislation and easily contact your elected officials in support of them.

Click HERE to find a local NORML chapter in your area and get involved. NORML Kansas City this week successfully placed marijuana decriminalization on their municipal ballot and saw it pass with 71% support. This is the kind of positive change a group of committed volunteer citizens can bring to their communities.

A people united will never be defeated and together we WILL end marijuana prohibition nationwide.

Jeff Sessions: Wrong on Opioids and Violence, Considers RICO Lawsuits

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

Attorney General Jeff Sessions appeared with conservative talk radio host Hugh Hewitt to discuss a range of issues, including how the Trump administration intends to address marijuana law enforcement in states that are regulating its adult use.

During the interview, Hewitt repeatedly encourages Sessions to engage in federal prosecutions against state-licensed marijuana providers.

Hugh Hewitt (HH): Let’s talk about the rule of law. I have a piece coming out in the Washington Post about this on Sunday, Attorney General Sessions. One RICO prosecution against one marijuana retailer in one state that has so-called legalization ends this façade and this flaunting of the Supremacy Clause. Will you be bringing such a case?

Jeff Sessions (JS): We will — Um — Marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws. So yes, we will enforce law in an appropriate way nationwide. It’s not possible for the federal government, of course, to take over everything the local police used to do in a state that’s legalized it. And I’m not in favor of legalization of marijuana. I think it’s a more dangerous drug than a lot of people realize. I don’t think we’re going to be a better community if marijuana is sold in every corner grocery store.

HH: No, but it would literally take one racketeering influence corrupt organization prosecution to take all the money from one retailer, and the message would be sent. I mean, if you want to send that message, you can send it. Do you think you’re going to send it?

JS: Well, we’ll be evaluating how we want to handle that. I think it’s a little more complicated than one RICO case, I’ve got to tell you. This, places like Colorado, it’s just sprung up a lot of different independent entities that are moving marijuana. And it’s also being moved interstate, not just in the home state.

HH: Yes.

JS: And neighbors are complaining, and filed lawsuits against them. So it’s a serious matter, in my opinion. And I just came from a big rally in New Hampshire yesterday, Hugh. This is, this opioid problem is just huge. There were 9,000 high school and junior high school students there. A mother I met who had lost a son three months before, a child, and she said there were 50 more mothers there who’d lost children speaking to those kids. We’ve had this huge opioid surge in America, 120 people a day die from drug overdose. And I do believe, and the President has issued an order to the Department of Justice to crack down on drugs and these international cartels that are moving this Fentanyl that’s so deadly into our country. And we’re going to step up that in a very vigorous way as I talk to United States Attorneys yesterday by conference call.

Predictably, Sessions’ responses — in particular his reaffirmation: “Marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws. So yes, we will enforce law in an appropriate way nationwide.” — follows the path laid out by The Heritage Foundation’s Cully Stimson, who on February 27th, released an 11-point plan on how to “provide a targeted approach to [federal] marijuana enforcement.” The Heritage Foundation proposal specifically calls for the Department of Justice to use RICO laws to target state-licensed marijuana businesses:

  1. Prosecute those dealing in marijuana—which is illegal under federal law—using the Racketeer Influenced and Corrupt Organizations Act (RICO). Those who engage in a pattern of racketeering activity through a corporation or other enterprise are liable for three times the economic harm they cause. RICO gives federal courts the power to order racketeering enterprises and their co-conspirators to cease their unlawful operations.

The Attorney General also repeats two overt myths regarding cannabis, claiming that the enactment of marijuana regulatory schemes are somehow linked with violent crime and opioid abuse. As NORML recently points out in op-eds here and here, both of these claims are categorically untrue.

At the end of the day, when the Attorney General of the United States publicly contemplates the federal prosecution of those in the adult use marijuana industry, we should take these threats seriously.

That is why we need to continue to be proactive in pushing Congress to end federal marijuana prohibition and be ready to fight back at every level should Sessions follow through on his recent statements.

Click here to tell your member of Congress and urge them to support HR 1227, the Ending Marijuana Prohibition Act of 2017.

And click here to sign up as a NORML monthly supporter to make sure that we have the resources to support our chapters in the upcoming legal battles to protect the states that have legalized adult-use marijuana.

Thanks for all you do and stay vigilant.

Federal Legislation Introduced To Exclude Cannabis From The Controlled Substances Act

take_actionRepresentatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation in Congress to exclude marijuana from the federal Controlled Substances Act, thus providing states with the exclusive authority to regulate the plant how best they see fit.

The “Ending Marijuana Prohibition Act of 2017” removes the cannabis plant from the CSA so that it is no longer scheduled under federal law. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Individual states are “more than capable” of deciding their own cannabis policies, Rep. Garrett explained in a prepared statement.

According to polling data released last week by Quinnipiac University, 59 percent of Americans endorse legalizing the adult use of marijuana, and 71 percent of voters — including majorities of Democrats, Independents, and Republicans, believe that state governments, not the federal government, should be the ultimate arbiters of marijuana policy.

With the recent confirmation of militant marijuana prohibitionist Jeff Sessions to the position of US Attorney General, and with comments from the Trump administration warning of a coming federal crackdown in adult use states, our best defense is a strong offense.

Please take time today to contact your federal elected officials and urge them to act on passage of the “Ending Marijuana Prohibition Act of 2017.” You can do so by clicking here.

Speaking earlier today before the National Association of Attorney Generals, Session’s doubled-down on his reefer rhetoricdenying scientific facts that legalizing cannabis access is associated with lower rates of opioid abuse (“Give me a break,” he responded) and urging state AGs, “[W]e don’t need to be legalizing marijuana.”

If the Justice Department won’t listen to reason, then we must take this issue out of its hands. Act now to pass the “Ending Marijuana Prohibition Act of 2017” to ensure that medical marijuana patients and others are protected from undue federal interference.

Alternative Fact: Marijuana Causes Violence

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

Speaking to the press this evening, Attorney General Jeff Sessions doubled down on his infamous reefer madness rhetoric. Sessions stated:

“We’re seeing real violence around that. Experts are telling me there’s more violence around marijuana than one would think and there’s big money involved.”

Sessions’ latest comments describe a reality that only exists in the world of alternative facts. Marijuana legalization has not lead to increased crime or violence, but rather is associated with lowered youth use rates and access, increased tax revenue, and fewer arrests of otherwise law abiding American citizens. The truth is that legalization is working as voters have intended and that the new US Attorney General’s opinions are reckless, irresponsible, and outright false.

These statements are not only out of touch with reality and public sentiment, but they also go against President Trump’s promise on the campaign trail to leave marijuana policy to the states. If you support legalization now is not the time to be silent. Now is the time to stand up and fight back.

The only way to ensure our progress continues in light of this proposed push back is to pass federal legislation that makes certain that the Attorney General can’t intervene in states that have enacted adult use regulatory laws. We need to pass the Respect State Marijuana Laws Act of 2017. This legislation would prevent the federal government from attack state approved legalization and medical marijuana laws.

Click here to write your elected officials in support of this legislation

This is a true test of our movement. Stand with is against these threats because together we are unstoppable. Together we will legalize marijuana nationwide.

Are you with us?

BREAKING: Jeff Sessions Confirmed As Attorney General

Jeff_Sessions_(29299022521)

Photo by Gage Skidmore

Despite historic opposition to a nominee for Attorney General, today Senator Jefferson Beauregard Sessions (R-AL) was confirmed to assume the role of our nation’s top law enforcement official.

What happens next in regards to marijuana policy is unclear. We can engage in speculation as much as we’d like, but ultimately theorizing on whether or not Sessions will leverage the resources of the Department of Justice to enforce the federal prohibition of marijuana will be discovered soon enough.

For now, we must reflect on the achievements that we have made as a movement which now must be protected and continue to pursue further progress, be it at the state or federal level.

Currently, states that have implemented medical marijuana programs are technically protected from the Department of Justice under the Rohrabacher-Farr amendment, however that is set to expire on April 27th unless renewed as a part of the appropriations process.

Jeff Sessions’ history in regards to marijuana policy, including making statements like “We need grown-ups 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.” and “[Marijuana] cannot be played with, it is not funny, it’s not something to laugh about, and trying to send that message with clarity, that good people don’t smoke marijuana are a serious reason for concern and highlight the need to remain vigilant.  

During his confirmation process, marijuana legalization supporters with NORML made thousands of phone calls and sent tens of thousands of emails regarding Sessions plans for marijuana policy. While we lost the battle, we continue to win the war.

Our Senators, now more than ever, know this is an issue at the forefront of the minds of American voters and that we are willing and able to mobilize for it. In fact, four Senators referenced Sessions’ position on marijuana as a reason to oppose his nomination during an all night “talk-a-thon” to delay todays vote.

We will never stop fighting for further reforms at the state level and needed federal policy changes. With NORML members throughout the country organizing lobby days and taking direct action, the fight for cannabis freedom will continue with renewed energy.

NORML has resisted marijuana prohibition for 47 years – We’re not going to stop now.

Please consider signing up to be a monthly contributor to ensure that we have the resources we need to stand up to Jeff Sessions and to fight back against our nation’s failed war on marijuana consumers.

Senate Judiciary Advances the Nomination of Marijuana Prohibitionist Jeff Sessions to be the Attorney General

sessfb2Unfortunately, but not unexpectedly, the Senate Judiciary Committee advanced the confirmation of Jeff Sessions to be the next US Attorney General on a party line vote of 11 to 9.

There a numerous groups in the criminal justice advocacy space, ranging from the NAACP to the ACLU who are opposed Senator Sessions becoming the nation’s top law enforcement officer for various reasons, ranging from his positions on voting rights, capital punishment, and sentencing reform.

Sessions has a storied history of supporting marijuana prohibition, as NORML has well documented. This includes previously declaring that “good people do not smoke marijuana” and  supporting legislation that would have allowed defendants to receive the death penalty if they had received multiple convictions for marijuana distribution.

His confirmation by the full Senate is not certainty, but should the chamber vote along party lines as the committee has, Sessions will likely be confirmed.

Click here to email your Senators TODAY.

The work of NORML to protect the fragile progress that states have made on marijuana policies will be more crucial than ever and we will continue to stand up for marijuana consumers. We still have time to make our concerns about Senator Sessions known and ask our Senators to further question him on the topic when he appears for questioning on the Senate floor.

Whether he gets confirmed or not, it is imperative that we raise our voices loud at this crucial time. Our Senators need to know that not only do we have concerns over Sessions’ record on this issue, but are willing to stand up for our shared beliefs and defend our marijuana reform victories.

Take one minute and email your Senators NOW.

BREAKING: Attorney General Vote Delayed

jeff-sessions-f (1)Today, Democrats on the Senate Judiciary Committee requested a delay on the vote to advance Jeff Sessions to the full Senate for confirmation to become the next Attorney General.

The delay comes at the request of California Senator Diane Feinstein, who justified the delay for the American public to learn more about Senator Sessions’ background and cited Saturday’s Women’s March as justification.

While this in no way means that Sessions will not merely be advanced and approved next week, it does buy us time to make our voices heard in regards to his stance on marijuana policy. One more week of the federal government not arresting responsible consumers in states that have legalized recreational or medical marijuana. One more week for us to reach out to the Senate to apply more scrutiny to Sessions.

Email your Senators now to make sure that marijuana is front and center.

For weeks we have been calling upon NORML members to contact their Senators to oppose the Sessions if he would not clearly declare that he would not use federal resources to prosecute marijuana consumers.

To date Senator Sessions has made no such clarification.

Tens of thousands of people have participated by emailing their home state Senators – and we need to keep the pressure up.

Join us and thousands of other regular Americans who are voicing their anger about the continued prohibition of marijuana and engage in your democracy- email your Senators now.

JUST IN: Sessions Evades Firm Answer on State Marijuana Laws, Leaves Door Open for Federal Enforcement

marijuana_gavelDuring his confirmation for the position of Attorney General, Senator Jeff Sessions failed to give a straight answer with regard to how the Justice Department should respond to states that have legalized marijuana for medical or recreational use.

The Alabama Senator was questioned by both Sens. Leahy (D-VT) and Lee (R-UT) with respect to whether the principles of federalism ought to apply to state marijuana laws.

Senator Leahy: “Would you use our federal resources to investigate and prosecute sick people using marijuana in accordance with state law even though it might violate federal law?”

Senator Sessions: “I won’t commit to never enforcing federal law, Senator Leahy, but absolutely it is a problem of resources for the federal government. The Department of Justice under Lynch and Holder set forth some policies that they thought were appropriate to define what cases should be prosecuted in states that have legalized, at least in some fashion marijuana, some parts of marijuana.”

Senator Leahy: “Do you agree with those guidelines?”

Senator Sessions: “I think some of them are truly valuable in evaluating cases, but fundamentally the criticism I think that is legitimate is that they may not have been followed. Using good judgment on how to handle these cases will be a responsibility of mine I know it wont be an easy decision but i will try to do my duty in a fair and just way.”

Senator Leahy: “The reason I mention this, is because you have some very strong views, you even mandated the death penalty for second offense on drug trafficking, including marijuana, even though mandatory death penalties are of course unconstitutional.”

Senator Sessions: “Well I’m not sure under what circumstances i said that, but I don’t think…”

Senator Leahy: “Would you say it‘s not your view today?”

Senator Sessions: “(laughs) It is not my view today.”

Senator Mike Lee (R-UT) followed up with questions regarding how marijuana policy factors into federalism and asked if the way the Obama Administration has handled marijuana laws created any issues with separation of powers and states rights. Sessions replied that, “One obvious concern is the United States Congress has made the possession in every state and distribution an illegal act. If that’s something that’s not desired any longer Congress should pass a law to change the rule, it is not the Attorney General’s job to decide what laws to enforce.”

So, after finally being put on the spot and questioned on the issue, we are no closer to clarity in regards to Sessions plans for how to treat state marijuana laws than we were yesterday. If anything, his comments are a cause for concern and can be interpreted as leaving the door open for enforcing federal law in legalized states. If Sessions wants to be an Attorney General for ALL Americans, he must bring his views in line with the majority of the population and support allowing states to set their own marijuana policies without fear of federal intervention.

Clearly, the battle is just beginning to protect state legalization and medical marijuana laws. Can you contribute today to help us keep up our federal political actions and advance our efforts for state-level law reform?

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