For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
JUST IN: Sessions Evades Firm Answer on State Marijuana Laws, Leaves Door Open for Federal EnforcementJanuary 10, 2017
During 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?
GOP lawmakers in Wisconsin have a track record of opposing efforts to reform marijuana laws in the Badger State, but a recent comment from Assembly Speaker Robin Vos has some marijuana advocates hopeful for progress during the 2017 legislative session.
“If you get a prescription to use an opiate or you get a prescription to use marijuana, to me I think that’s the same thing,” Vos said, a surprising position after years of GOP opposition to legalizing any form of marijuana. “I would be open to that.”
Of course this came as a surprise to many, especially after Senate Majority Leader Scott Fitzgerald and Governor Scott Walker have both repeatedly stated that they will continue to oppose any effort to advance the issue in the state of Wisconsin. Regardless of the lack of support from GOP leadership, Sen. Van Wanggaard is expected to sponsor legislation that would make it legal to possess cannibidiol (CBD) – the marijuana extract known for treating seizures associated with epilepsy – during the upcoming legislative session.
Over the last several weeks, we have received dozens of calls from journalists with the same question: “What does NORML think that President-Elect Trump and his Attorney General nominee Jefferson Sessions will do in regards to marijuana once in office?”
However, the best public indicators we have to go on give mixed messages. Additionally, in nearly all of the articles that NORML has been quoted in about Trump and Sessions, not one indicates that the writer had even attempted to contact the presidential transition team or Sen. Sessions.
So we’ve released our own request for clarification and we need you to join us in demanding answers as to how the federal government is going to respect the will of the voters in states that have ended prohibition.
On the campaign trail, Trump promised to take a federalist approach to marijuana stating:
“In terms of marijuana and legalization, I think that should be a state issue, state-by-state… Marijuana is such a big thing. I think medical should happen — right? Don’t we agree? I think so. And then I really believe we should leave it up to the states.”
Yet his nomination of Sen. Sessions sends a very different signal. Just this past April, he stated that “Good people do not smoke marijuana” in the questioning of current Attorney General Loretta Lynch. His legislative track record and public comments show no intentions of ending marijuana prohibition or respecting the millions of responsible cannabis consumers throughout the country. If Senator Sessions’ personal beliefs were allowed to dictate the policies of the Justice Department, we could be in for a rough four years.
With 8 states now having legalized the adult use of marijuana and over half the country having medical marijuana programs, the American people deserve to know what President-Elect Trump’s policy towards these states will be.
Going forward we must be vigilant to protect the progress we have made, keep fighting to protect the rights of responsible adults, and end finally end the prohibition of marijuana nationwide.
According to the Associated Press, voters in Montana have approved Initiative 182, the Montana Medical Marijuana Initiative. The Associated Press’s final vote count is 58 to 42 percent.
“This decision restores the rights of patients and providers,” said NORML Deputy Director Paul Armentano. “Voters were clear in 2004 when they initially enacted the state’s medical law, and they remain resolved in their opinion that state lawmakers ought not to restrict patients access to medical cannabis.”
I-182 expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.
The new law takes effect on June 30, 2017. You can read the full text of the initiative here.