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Trump Administration Following in Obama Administration's Footsteps on Marijuana

• http://www.ronpaulinstitute.org

Last month, United States Attorney General Jeff Sessions sent a letter to congressional leaders urging them to oppose Congress again including in Department of Justice appropriations legislation a provision intended to stop, through a restriction on the use of appropriated money, the US government from arresting and prosecuting people for actions that comply with state medical marijuana laws, even if those actions violate US drug laws. Some people are reacting to Sessions' letter, which was revealed this week, with condemnation of Sessions and the Trump administration for departing from Obama administration policy that showed increased leniency in regard to marijuana. But this claim appears to misrepresent the Obama administration's marijuana history.

Tom Angell, who revealed the Sessions letter in a Monday article at MassRoots, suggests that Sessions' request is consistent with the position under the Obama administration given that President Barack Obama, in his last two budget requests, suggested Congress remove the medical marijuana language. Indeed, Sessions pretty much makes this same observation that he is continuing the prior administration's policy in the first sentence of his letter to Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles E. Schumer (D-NY), House or Representatives Speaker Paul Ryan (R-WI), and House Minority Leader Nancy Pelosi (D-CA). Sessions starts the letter as follows: "I write to renew the Department of Justice's opposition to the inclusion of language in any appropriations legislation that would prohibit the use of Department of Justice funds or in any way inhibit its authority to enforce the Controlled Substances Act (CSA)."

Further, Obama administration Justice Department lawyers, after the appropriations provision was in effect, defended in the Ninth US Circuit Court of Appeals case of United States v. McIntosh ignoring, in ten separate drug law cases that had been consolidated for review on appeal, whether defendants complied with state medical marijuana laws. In each case, the individuals were being prosecuted for actions that they argued complied with state medical marijuana laws. The Obama administration lost the argument in the appellate court, with the court deciding in August of 2016 that the appropriations provision "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engage in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws." The court decision, in addition, ordered that, if the US government should decide to proceed with prosecution of any appellants, those appellants "are entitled to evidentiary hearings to determine whether their conduct was completely authorized by state law."

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