Federal Marijuana Policy: No NorCal Crackdown Appears Imminent

BAY AREA, CA – Federal prosecutors in Northern California said Thursday they will continue to address local law enforcement priorities and gave no indication of an imminent crackdown on marijuana in the wake of U.S. Attorney General Jeff Sessions' new policy announcement.

Sessions said in a memorandum Thursday that the Justice Department is rescinding four guidance memos in which President Barack Obama's administration allowed prosecutors to avoid interfering with medical
marijuana in states that allow medical cannabis use.

But Sessions did not order the nation's 93 regional U.S. attorneys to increase federal marijuana prosecutions.

Instead, he said the U.S. attorneys should make prosecution decisions on the basis of traditional Justice Department priorities, including the seriousness of the crime, deterrent effect and cumulative impact of particular crimes on the communities.

Although 29 states have legalized medical or recreational marijuana or both under their state laws, federal laws continue to criminalize cultivating, selling or possessing cannabis. California voters legalized medical use of marijuana in 1996 and recreational use in November, effective on Jan. 1.

The U.S. attorneys are the chief prosecutors of federal crimes in their district.

• PREVIOUS: Jeff Sessions Rescinds Obama-Era Marijuana Policy

Spokesman Abraham Simmons of the U.S. Attorney's Office for Northern California responded to Sessions' action with a generalized statement on local priorities.

After noting that marijuana remains criminalized under federal laws, the statement said, "We will evaluate violations of those laws in accordance with our district's federal law enforcement priorities and resources.

"We will continue our longstanding efforts to assess and address the unique threats and challenges facing our district together with our state, local and federal law enforcement partners," the statement said.

The San Francisco-based Northern District of California encompasses 15 Bay Area and northern coastal counties from Monterey County to the Oregon border.

Lauren Horwood, a spokesperson for the Sacramento-based Eastern District of California, provided an almost identical statement, also citing "our district's federal law enforcement priorities and resources."

An additional factor affecting marijuana prosecutions is a budget amendment enacted by Congress in 2014 and renewed every year since then. The amendment bars the Justice Department from spending funds on prosecution of people who grow, sell or use medical marijuana in compliance with a state law.

In 2016, the 9th U.S. Circuit Court of Appeals ruled the "plain meaning" of the law is that medical cannabis growers, sellers and users can't be prosecuted under federal law so long as they meet state-law conditions.
The San Francisco-based appeals court has jurisdiction over nine western states.

Several state and federal elected officials deplored Sessions' announcement.

House Minority Leader Nancy Pelosi, D-San Francisco, said, "Democrats urge Attorney General Sessions to begin the New Year with a commitment to prosecute the real crimes devastating our nation, not to waste
precious time and resources waging a pointless, unjust war against innocent Americans."

Pelosi said Democrats in Congress will insist on continuing the budget amendment and urged Congress to extend the same protection to recreational marijuana in states where it has been legalized. California is
one of eight states that have legalized cannabis.

California Lt. Gov. Gavin Newsom and Treasurer John Chiang, who are both candidates for governor, both weighed in.

Newsom called the announcement "an ideological temper tantrum by Jeff Sessions" and Chiang said it "casts into turmoil a newly established industry that is creating jobs and tax revenues."

Rep. Barbara Lee, D-Oakland, said, "Attorney General Jeff Sessions made a big mistake today. The lasting legacy of federal marijuana criminalization policies will be the overzealous policing and mass incarceration of people of color."

Steve DeAngelo, executive director of the Harborside medical marijuana dispensary in Oakland, said he believes "chances are remote that Sessions' action will significantly impact the legal cannabis industry."
"It's difficult to imagine that a U.S. attorney would decide to spend limited law enforcement dollars targeting legal, licensed cannabis businesses instead of illegal opioid dealers," he said.

About half of the 93 U.S. attorney positions have been filled Senate-approved permanent appointments by the administration of President Donald Trump. The other positions are filled by acting or interim leaders.
In San Francisco, U.S. Attorney Brian Stretch announced on Thursday that he is leaving his job on Saturday to enter private practice.

Simmons said the Justice Department may name an interim or acting U.S. attorney for Northern California on Friday.

• ALSO SEE: Santa Rita Inmates Sue Alleging Coerced Abortions, Mistreatment

--Bay City News/Pixabay image via herbalhemp