Editorial Advisory Board: On marijuana, Sessions ‘calls the question’

U.S. Attorney General Jeff Sessions rescinded recently a 2014 memorandum regarding allocation of the Department of Justice’s resources in the prosecution of federal crimes, reverting to the well-established principles that govern all federal prosecutions set forth originally by one of predecessors, Benjamin Civiletti, as refined over time and reflected in the U.S. Attorney’s manual.

Sessions’ decision  reversed Obama-era policy whereby marijuana businesses operated under well-regulated state programs would not be prosecuted under federal drug laws and federal resources would be concentrated on prosecuting trafficking to youth, transportation across state lines and illegal money laundering. Sessions’ decision prompted outrage from all sides of the political spectrum. Many felt the attorney general, known for his anti-drug sentiments, was going back on his at least implicit word he would not change the policy on which so many states have relied in adopting their own marijuana policies.

Understandably aggrieved are politicians from states that have authorized medical cannabis or legalized adult recreational use of marijuana, including Republican Sens. Lisa Murkowski of Alaska and Cory Gardner of Colorado. Both senators claim Sessions promised he would stay the Obama course during his confirmation process, but has now flip-flopped. At the state levels, governors and marijuana regulators continue to proceed with opening and expanding programs, notwithstanding the risk of criminal prosecution.

Adding to the problem is the fact marijuana is a Class I illegal substance under federal law – one of those substances determined to have no medical value. Cocaine, by comparison, is a Class II substance as its medical properties are recognized. Not only does this make research into potential benefits of marijuana difficult, it also makes distinctions such as Maryland’s “medical cannabis” law problematic, because under federal law there is and can be no legitimate medical use.

We take no position on whether marijuana should be legalized. Although 29 states and the District of Columbia have authorized some form of marijuana production, distribution, possession and/or use, under current federal law, those activities are crimes. Every person who participates in his or her state’s legal marijuana activities, users, growers, distributors and the elected and appointed officials who make it possible, could potentially be charged as violators of federal law.

Whatever Sessions’ motives, the effect of his decision to again enforce federal marijuana laws is to “call the question.” Nearly two-thirds of the states have already chosen some sort of marijuana legalization. But while complaining, lawmakers from states that have legalized marijuana have proposed no solution. It is time for Congress to address the issue.

Editorial Advisory Board member Stephen Z. Meehan is a principal in Hippocratic Growth LLC, operator of Ash + Ember, a licensed medical cannabis dispensary in Centreville.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

John Bainbridge Jr.

Wesley D. Blakeslee

Martha Ertman

Arthur F. Fergenson

Susan Francis

David Jaros

Ericka King

Stephen Meehan

C. William Michaels

Norman Smith

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the Board attempt to develop consensus on issues of importance to the Bench, Bar and public. When their minds meet, unsigned opinions will result. When they differ, majority views and signed rebuttals will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.

Find out more about the members of the Editorial Advisory Board.