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Jeff Sessions

  • by Justin Strekal, NORML Political Director October 10, 2017
    Photo by Ryan Johnson

    Former Attorney General Eric Holder Photo by Ryan Johnson

    In recent remarks at the John Jay College of Criminal Justice, former US Attorney General Eric Holder spoke about current Attorney General Jeff Sessions’ views on marijuana, saying “The Sessions almost obsession with marijuana I think is the thing that’s put the Justice Department in this strange place,” in regards to potential changes in current policy held up by what is known as The Cole Memo.

    Authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states, the memo directs 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.

    Despite Holder’s comments, he took no action while he had the power as the Attorney General to deschedule marijuana from the Controlled Substances Act.

    Jeff Sessions has a long history of advocating for the failed policies of the “Just Say No” era — policies that resulted in the arrests of millions of otherwise law-abiding citizens who possessed personal use amounts of marijuana.

    This comes as Congress is currently debating the extension of federal protections for the 30 state lawful medical marijuana programs and the 16 state lawful limited CBD access programs, know as the Rohrabacher-Blumenauer amendment.

    At a time when the majority of states now regulate marijuana use, and where six out of ten votes endorse legalizing the plant’s use by adults, it makes no sense from a political, fiscal, or cultural perspective to try to put this genie back in the bottle. It is high time that members of Congress take action to comport federal law with majority public opinion and the plant’s rapidly changing legal and cultural status.

    Take action to contact your federal lawmakers and urge them to support the descheduling of marijuana to prevent Jeff Sessions from implementing a crack-down on marijuana consumers. 

  • by Justin Strekal, NORML Political Director September 7, 2017

    FBScorecardLate Wednesday night, the House Rules Committee led by prohibitionist Representative Pete Sessions (R-TX) blocked multiple amendments related to marijuana from receiving consideration by the full House, thus ending their consideration and silencing the ability for the lower chamber to offer protections from Attorney General Jeff Sessions when it comes to cannabis.

    Amendments included: ending the federal incentive to revoke drivers licenses from those charged with marijuana offenses; protections for states that have implemented hemp programs; a reduction in funding for the DEA’s cannabis eradication program; expanded access to researchersprotections for banks to provide services to marijuana businesses; allowing the District of Columbia to implement adult-use sales, and expanded protections to the eight states that have outright legalized marijuana.

    Most notably, the amendment offered by Representatives Dana RohrabacherEarl Blumenauer, and other allies in the House had again offered the Rohrabacher-Blumenauer amendment to continue to protect lawful state medical marijuana programs from the federal government. Specifically, the language maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

    Representatives Blumenauer and Rohrabacher released the following statement in response:

    “By blocking our amendment, Committee leadership is putting at risk the millions of patients who rely on medical marijuana for treatment, as well as the clinics and businesses that support them. This decision goes against the will of the American people, who overwhelmingly oppose federal interference with state marijuana laws. These critical protections are supported by a majority of our colleagues on both sides of the aisle. There’s no question: If a vote were allowed, our amendment would pass on the House floor, as it has several times before.

    “Our fight to protect medical marijuana patients is far from over. The marijuana reform movement is large and growing. This bad decision by the House Rules Committee is an affront to the 46 states and the District of Columbia that have legalized use and distribution of some form of medical marijuana. These programs serve millions of Americans. This setback, however, is not the final word. As House and Senate leadership negotiate a long-term funding bill, we will fight to maintain current protections.”

    Since 2014, members of Congress have passed annual spending bills that have included the Rohrabacher-Blumenauer language, protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice.

    Most recently, the amendment was reauthorized by Congress in May as part of a short term spending package, in spite of US Attorney General Jeff Sessions aggressively lobbying Congressional leadership to ignore the provisions. At the time of the signing of the bill, President Trump issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

    Without these maintained protections, it is difficult to assess how much business confidence and investment will continue to pour into the nascent industry, which currently serves over 3 million

    However as the Congressmen indicated in their statement, the fight is not over. In July, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee, meaning that the language will be considered in a conference committee despite the fact that the House was denied the opportunity to express it’s support for the 30 states which have legalized medical marijuana and 16 states that have authorized CBD oil access.

    We will continue to advocate for the members who will be in the conference committee to maintain the language from the Senate version in order to continue to serve the millions of men, women, and children who depend on their medication. On Monday and Tuesday, September 11th and 12th, NORML will hold it’s annual Conference and Lobby Day in DC and will focus on the need to not allow our progress to be rolled back – if you can join us in DC, click here to register.

    Keep fighting with us – send a message to your federal elected officials now. 

  • by Justin Strekal, NORML Political Director August 17, 2017

    3410000930_95fc2866fa_zLast week, a US District Court blocked federal prosecutors from continuing a case against a medical marijuana cultivation company as a result of the current, albeit limited, congressional protections from the Department of Justice.

    LA Weekly reported:

    Humboldt County growers Anthony Pisarski and Sonny Moore had already pleaded guilty to federal allegations (conspiracy to manufacture and possess with intent to distribute) but sought an evidentiary hearing based on legislation, first enacted in 2014, that prohibits the U.S. Department of Justice from cracking down on cannabis suspects who are otherwise following their state laws. The Rohrabacher-Farr amendment is a budget rider, co-authored by SoCal U.S. Rep. Dana Rohrabacher, that prevents enforcement and prosecution in medical marijuana states by stripping funding for such endeavors.

    U.S. District Court Judge Richard Seeborg on Tuesday stayed the prosecution, so the case is closed unless the Rohrabacher-Farr amendment expires and fails to be re-enacted and federal prosecutors want to resume their case. The defendants’ Beverly Hills attorney, Ronald Richards, says: “This is the first time in my 23-year career I’ve had a case stopped because of an appropriations rider.

    “What the court did in this case may be used as a blueprint for other cases,” he says. “It opens the door for people not to get scared.”

    In response to this verdict, California NORML Executive Director Dale Gieringer said, “It’s significant that a federal court ruled that people targeted by feds and in compliance with California’s medical marijuana laws ruled in the defendants’ favor.”

    The Judge’s verdict was predicated on a previous ruling, United States v. McIntosh, a Ninth Circuit decision last year that upheld a medical marijuana defense for those facing federal prosecution in lawful medical states.

    “This is the first case I’m aware of where McIntosh was cited and used to full effect,” continued Gieringer.

    On July 27, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to maintain this protection for lawful medical marijuana programs from the Department of Justice.

    You can send a message to your Representative to support this language in the House by clicking HERE. 

     

  • by Justin Strekal, NORML Political Director August 15, 2017

    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

  • by Justin Strekal, NORML Political Director July 27, 2017
    Senator Patrick Leahy

    Senator Patrick Leahy

    Today, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to protect lawful medical marijuana programs from the Department of Justice.

    Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Last August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.

    The decision to reauthorize the Rohrabacher-Blumenauer amendment language by the Senate committee illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

    Whether or not the House of Representatives will take a vote on the amendment is unclear. They did not include its language in the version of the 2018 Commerce, Justice, Science (CJS) bill that passed the House Appropriations Committee earlier this month. Last year, the amendment passed on the floor of the House by a vote of 242-186.

    Although the amendment was reauthorized by Congress in May as part of a short term spending package, US Attorney General Jeff Sessions has been aggressively lobbying leadership to ignore the provisions. President Trump also issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

    You can send a message to your Representative to support this language in the House by clicking HERE. 

     

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