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Jeff Sessions

  • 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. 

     

  • by Justin Strekal, NORML Political Director June 29, 2017


    Medical marijuana
    This week, the House Appropriations Committee released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Predictably, the bill does not include language — known as the Rohrabacher-Blumenauer amendment — limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers.

    Although the amendment was reauthorized by Congress in May, 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.

    Nonetheless, support for the Rohrbacher-Blumenauer protection amendment has only grown in recent years. House members initially passed the amendment as a budgetary rider in 2014 by a vote of 219 to 189. By the following year, 242 House members voted in support of the language.

    Yet even with bipartisan support, the text of this amendment has never been included in “the inline text” or “the base bill” of the CJS Appropriations bill. In every case of its passage, lawmakers have needed to add the language as a separate rider to the legislation and then vote on it on the floor of the House.  

    This year is no exception. Our allies in Congress anticipate a similar process to take place this fall and they are confident that we will once again be victorious — despite the best efforts of our opponents.

    Reps. Blumenauer and Rohrbacher last night in a statement:

    “The policy championed by Representatives Blumenauer and Rohrabacher that prevents the Department of Justice from interfering in the ability of states to implement legal medical marijuana laws (previously known as “Rohrabacher-Farr”) has never been included in the base Commerce, Justice, Science, and Related Agencies (CJS) Subcommittee Appropriations bill. Rather, in previous years, Congress has amended the base CJS bill to include these protections.

    We are exactly where we thought we would be in the legislative process and look forward to amending the underlying bill once again this year to make sure medical marijuana programs, and the patients who rely on them, are protected. Voters in states across the country have acted to legalize medical marijuana. Congress should not act against the will of the people who elected us.”

    Thirty states now permit the doctor-authorized use of medical cannabis by statute, and an additional 16 states include statutory protections for the use of CBD. It is hard to imagine a scenario where a majority of lawmakers from these jurisdictions would vote against the best interests of their constituents, given the broad and bipartisan support that the amendment has received in the past.

    It has been and will continue to be in politicians’ best interests to protect this progress and to protect voters’ freedoms from the encroachment of Jeff Sessions and the Justice Department.

    Click here to send a message to your member urging them to support the Rohrabacher-Blumenauer amendment.

    Then click here to tell them to go one step further by urging them to support the newly introduced CARERS Act of 2017 which will codify these protections into law so that we no longer have to have these annual budget fights.

     

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

    In a recent letter to Attorney General Jeff Sessions, Pennsylvania Governor Tom Wolf wrote a pointed letter regarding the Department of Justice and it’s posturing to implement a crackdown of lawful state medical marijuana programs.

    The full letter:

    Dear Attorney General Sessions:

    Last year, the Pennsylvania passed bipartisan legislation to legalize Medical Marijuana that I was proud to sign into law. The legislation was the result of conversations with Republicans and Democrats and fierce advocacy from families of children who were stricken with terrible illness that could be helped by Medical Marijuana.

    We talked to kids who suffer dozens of seizures in a given day. We met veterans who have seen absolute terror and seek relief from the effects of their post-traumatic stress. We approached the responsibility of providing relief to the people of Pennsylvania very thoughtfully.

    Since I signed the legislation, we have taken very careful and deliberate steps to implement the law so that those who are suffering can get relief while ensuring that the state is a responsible steward of the program.

    Given the bipartisan and medical consensus for Medical Marijuana in Pennsylvania and many other states, I am disturbed to know that you are actively pursuing a change in federal law to go after medical marijuana suppliers.

    We do not need the federal government getting in the way of Pennsylvania’s right to deliver them relief through our new medical marijuana program.

    Your action to undo the protections of the Rohrabacher-Farr amendment, which prevents the use federal funds to disrupt states’ efforts to implement “their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana” is misguided.

    If you seek to further disrupt our ability to establish a legal way to deliver relief of medical marijuana to our citizens, I will ask the Attorney General of Pennsylvania to take legal action to protect our residents and state sovereignty.

    Sincerely,

    Governor Tom Wolf

    [caption id="attachment_14095" align="alignright" width="300"]Attorney General Jeff Sessions Photo by Gage Skidmore Attorney General Jeff Sessions
    Photo by Gage Skidmore[/caption]

    This comes in response to a recently revealed private letter that Jeff Sessions sent to Congressional leadership requesting that the DOJ be permitted to target and prosecute state-licensed medical cannabis facilities, currently prohibited by a spending rider known as the Rohrabacher-Blumenauer amendment.

    “I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote, “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.”

    Jeff Sessions actually seems to believe that lawful medical marijuana patients, i.e. sick people, are causing the violent crime and contributing to transnational drug trafficking.

    Deputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing earlier this week and he brought up current DOJ policy and left the door wide open to a potential crackdown.

    “Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

    The Cole Memo, is a Justice Department memorandum, authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states 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.

    But while the Justice Department contemplates its next move, Wolf and other state politicians are taking action. Recently, 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.”

    Click here to send a message to your member of Congress to urge them to force the Department of Justice to respect state marijuana laws and then visit http://norml.org/act to support other efforts in your state and federally.

    PA resident? Click here to send a message to your state lawmakers to support the effort to decriminalize marijuana in the Keystone State.

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