Jeff Sessions Rescinds Obama-Era Marijuana Policy

WASHINGTON, DC — Just days after marijuana stores opened in California, Attorney General Jeff Sessions rescinded an Obama-era policy that said the federal government would not intervene with states that choose to legalize pot. Sessions will instead allow federal prosecutors in states where pot was legalized choose how aggressively they want to enforce federal marijuana law.

The reversal is bound to cause mass confusion over whether it's OK to grow, buy or use marijuana in pot-friendly states. Federal law still outlaws marijuana, which Sessions has compared to heroin and faulted for surging violence.

To this point, Sessions has carried out a Justice Department agenda that aligns with President Donald Trump's top priorities — issues that include immigration and opioids. But the marijuana policy change appears to reflect his own worries about the drug, as Trump's views on pot remain largely a mystery.

Pot advocates argue that legalizing the drug eliminates the need for a black market and would likely reduce violence, since criminals would no longer control the marijuana trade.

The Obama administration in 2013 announced it would not stand in the way of states that legalize marijuana, so long as officials acted to keep it from migrating to places where it remained outlawed and out of the hands of criminal gangs and children. Sessions is rescinding that memo, written by then-Deputy Attorney General James M. Cole, which had cleared up some of the uncertainty about how the federal government would respond as states began allowing sales for recreational and medical purposes.

The pot business has since become a sophisticated, multimillion-dollar industry that helps fund schools, educational programs and law enforcement. Eight states and the District of Columbia have legalized marijuana for recreational use, and California's sales alone are projected to bring in $1 billion annually in tax revenue within several years.

Sessions' policy will let U.S. attorneys across the country decide what kinds of federal resources to devote to marijuana enforcement based on what they see as priorities in their districts.

Sessions and some law enforcement officials in states such as Colorado blame legalization for a number of problems, including drug traffickers that have taken advantage of lax marijuana laws to hide in plain sight, illegally growing and shipping the drug across state lines, where it can sell for much more. The decision was a win for pot opponents who had been urging Sessions to take action.

"There is no more safe haven with regard to the federal government and marijuana, but it's also the beginning of the story and not the end," said Kevin Sabet, president and CEO of Smart Approaches to Marijuana, who was among several anti-marijuana advocates who met with Sessions last month. "This is a victory. It's going to dry up a lot of the institutional investment that has gone toward marijuana in the last five years."

Threats of a federal crackdown have united liberals who object to the human costs of a war on pot with conservatives who see it as a states' rights issue. Some in law enforcement support a tougher approach, but a bipartisan group of senators in March urged Sessions to uphold existing marijuana policy. Others in Congress have been seeking ways to protect and promote legal pot businesses.

A task force Sessions convened to study pot policy made no recommendations for upending the legal industry but instead encouraged Justice Department officials to keep reviewing the Obama administration's more hands-off approach to marijuana enforcement, something Sessions promised to do since he took office.

The change also reflects yet another way in which Sessions, who served as a federal prosecutor at the height of the drug war in Mobile, Alabama, has reversed Obama-era criminal justice policies that aimed to ease overcrowding in federal prisons and contributed to a rethinking of how drug criminals were prosecuted and sentenced. While his Democratic predecessor Eric Holder told federal prosecutors to avoid seeking long mandatory minimum sentences when charging certain lower level drug offenders, for example, Sessions issued an order demanding the opposite, telling them to pursue the most serious charges possible against most suspects.

Sessions' action has also outraged some members of Congress, including fellow Republicans wary of what they see as federal intrusion into areas that should be left to the states.

Republican Sen. Cory Gardner of Colorado, which legalized marijuana for recreational use, said the change conflicts with Sessions' promise made to him before being confirmed as attorney general. Gardner vowed to push legislation to protect marijuana sales, saying he was prepared "to take all steps necessary" to fight the change, including holding up the confirmation of Justice Department nominees. Another Republican senator, Lisa Murkowski of Alaska, called the announcement "disruptive" and "regrettable."

Colorado's U.S. attorney, Bob Troyer, said his office won't change its approach to prosecution, despite Sessions' guidance. Prosecutors there have always focused on marijuana crimes that "create the greatest safety threats" and will continue to be guided by that, Troyer said.

By SADIE GURMAN, Associated Press

Photo credit: Mathew Sumner/Associated Press