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Federal policy on marijuana, 2017-2018

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See also: Marijuana laws ballot measuresby year

On January 4, 2018, the Trump administration rescinded the Cole Memorandum, a 2013 policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. Attorney General Jeff Sessions said that in deciding which activities to prosecute under federal laws, such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. ... These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community."[1][2]

As of March 2018, the possession, purchase, and sale of marijuana was illegal under federal law. Proponents of legalization argue that it could lead to increased revenues for the state, improved health for consumers, and better law enforcement outcomes. Opponents are concerned with marijuana's potential impact on substance abuse, road safety, minors, and the environment.

This page tracked major events and policy positions of the Trump administration and the 115th United States Congress on marijuana from 2017 and 2018. This page was updated through 2018. Think something is missing? Please email us at editor@ballotpedia.org.

Click on the timeline below to learn more about each headline.

December 20, 2018: Trump signs the 2018 Farm Bill

On December 20, 2018, President Donald Trump (R) signed the Agricultural Improvement Act of 2018, more commonly known as the 2018 Farm Bill, into law, which legalized the production of hemp by removing it from the Schedule I list of controlled substances under federal law. The bill defined hemp as any cannabis plant, or part of a cannabis plant, that contains less than 0.3 percent of THC, the substance that gives cannabis its psychoactive properties.[3] By extension, cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—was also made legal under federal law so long as it contained less than 0.3% THC.[4] Despite the legalization of hemp and CBD at the federal level, individual states retained the ability to prohibit the materials.

January 4, 2018: Sessions rescinds Cole Memo

On January 4, 2018, Attorney General Jeff Sessions issued a memorandum rescinding the Cole Memorandum, a 2013 policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized.[5] Sessions' memorandum stated that, in deciding which activities to prosecute under federal laws such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. ... These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community."[6]

September 1, 2017: Marino nominated to lead Office of National Drug Control Policy

On September 1, 2017, the White House announced that President Donald Trump had nominated U.S. Rep. Tom Marino (R-Pa.) to serve as the director of the Office of National Drug Control Policy.[7]

October 17, 2017: Marino withdraws

On October 17, 2017, Marino withdrew his name from consideration following "a Washington Post-'60 Minutes' joint investigation that highlighted his support for legislation that weakened the government's ability to go after drug companies, something critics say has contributed to the nation's opioid crisis. ... Marino was a leader in passing the legislation last year that made it tougher for the Drug Enforcement Administration to stop suspicious shipments of prescription drugs," according to The Hill.[8][9][10][11]

May 12, 2017: Department of Justice policy change in drug cases

On May 12, 2017, Politico reported that Attorney General Jeff Sessions would withdraw a 2013 directive on drug policy from former Attorney General Eric Holder. Holder's directive had instructed federal prosecutors not to specify the amount of drugs in cases that they considered to be low-level and non-violent.[12] In a memo to federal prosecutors, Sessions wrote, "[P]rosecutors must disclose to the sentencing court all facts that impact the sentencing guidelines or mandatory minimum sentences, and in all cases seek a reasonable sentence."[13]

May 1, 2017: Sessions request to end Rohrabacher-Farr amendment

On May 1, 2017, Attorney General Jeff Sessions sent a letter to Congress asking legislators to deny recertification to the Rohrabacher-Farr amendment that had been attached to budget bills concerning the Department of Justice. The amendment, which originally went into effect in 2014, specifies that federal funds used by the Justice Department cannot be used to prevent states from "implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana."[14] In his letter, Sessions wrote, "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. 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."[15]

February 23, 2017: Possible increased enforcement of federal marijuana laws

White House press secretary Sean Spicer indicated during a press conference on February 23, 2017, that the Trump administration might make an increased effort to enforce federal laws against recreational marijuana use. When asked about it, he said, "I think that's a question for the Department of Justice. I do believe you'll see greater enforcement of it. Because again there's a big difference between the medical use ... that's very different than the recreational use, which is something the Department of Justice will be further looking into."[16]

Trump administration officials on marijuana

Donald Trump

President Donald Trump

Donald Trump
  • In an interview on February 5, 2017, President Donald Trump was asked if he supported the NFL Players Association's efforts to legalize medicinal marijuana use for its players. He answered, "Well, I have no opinion on it. They’re going to have to take a look at that. They’re going to talk with the League, they’re going to be talking to, obviously, government officials wherever it may be. And when it comes up to the level of the presidency I’ll have an opinion."[17]
  • Trump expressed concern with the legalization of marijuana during a town hall on March 30, 2016, moderated by Chris Matthews. He said, "I think that as far as drug legalization, we talk about marijuana, and in terms of medical, I think I am basically for that. I've heard some wonderful things in terms of medical. I'm watching Colorado very carefully to see what's happening out there. I'm getting some very negative reports, I'm getting some OK reports. But I'm getting some very negative reports coming out of Colorado as to what's happening, so we'll see what happens." Trump added that drug use has "a lasting negative impact," including the loss of ambition.[18]
  • In 2016, Donald Trump received a grade of C+ from the Marijuana Policy Project—a pro-legalization lobbying organization—for his support of medicinal marijuana and opposition to recreational marijuana use.[19]
  • While speaking with reporters on October 29, 2015, Trump said marijuana legalization "should be a state issue, state-by-state."[20]
  • Speaking at the Conservative Political Action Conference on February 17, 2015, Trump opposed the legalization of marijuana. "I'd say it's bad. Medical marijuana is another thing, but I think it's bad and I feel strongly about that." When asked about legalization and states' rights, Trump said, "If they vote for it, they vote for it, but they've got a lot of problems going on right now in Colorado. Some big problems."[21]
  • In April 1990, The Sarasota Herald-Tribune reported that Trump supported the legalization of all drugs and, from the resulting tax revenues, the creation of a public education program about the dangers of drugs. "We're losing badly the war on drugs. You have to legalize drugs to win that war. You have to take the profit away from these drug czars," he said.[22]

Mike Pence

Vice President Mike Pence

caption
  • During an interview in February 2014, Vice President Mike Pence said, "I don't support legalization of marijuana and that's been my position for a long time and will continue to be."[23]
  • In May 2013, Pence opposed portions of Indiana House Bill 1006, which would have reduced drug penalties, making selling less than 10 pounds of marijuana a class A misdemeanor and possession of marijuana a class B misdemeanor. "I think we need to focus on reducing crime, not reducing penalties. I think this legislation, as it moves forward, should still seek to continue to send a way strong message to the people of Indiana and particularly to those who would come into our state to deal drugs, that we are tough and we're going to stay tough on narcotics in this state," Pence said.[24]


Jeff Sessions

Attorney General Jeff Sessions

caption
  • On March 15, 2017, Attorney General Jeff Sessions called the Cole Memorandum, which deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized, generally valid. He said, "The Cole Memorandum set up some policies under President Obama’s Department of Justice about how cases should be selected in those states and what would be appropriate for federal prosecution, much of which I think is valid."[25]
  • Sessions questioned the benefits of marijuana legalization during a meeting of the National Association of Attorneys General on February 28, 2017. He said, "States, you know, can pass whatever laws they choose, but I’m not sure we’re going to be a better, healthier nation if we have marijuana being sold at every corner grocery store. We’ll have to work our way through that."[26]
  • During his confirmation hearing on January 10, 2017, Sessions was asked whether the federal government would continue to disregard the legalization of marijuana in individual states. "It's not so much the attorney general's job to decide what laws to enforce. We should do our job and enforce laws as effectively as we're able," Sessions said.[27]
  • During a Senate Caucus on International Narcotics Control hearing on April 5, 2016, Sessions said that Washington needed "to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger." He added that there should be greater awareness "that this drug is dangerous, you cannot play with it, it is not funny, it's not something to laugh about... and to send that message with clarity that good people don't smoke marijuana."[28]

John Kelly

White House Chief of Staff John Kelly

John Kelly
  • During a speech on April 18, 2017, Kelly clarified DHS' stance on marijuana, saying, "And let me be clear about marijuana. It is a potentially dangerous gateway drug that frequently leads to the use of harder drugs. Additionally, science tells us that it is not only psychologically addictive but can also have profound negative impact on the still developing brains of teens and up through the early 20s. Beyond that, however, its use and possession is against federal law and until the law is changed by the U.S. Congress we in DHS are sworn to uphold all the laws on the books. DHS personnel will continue to investigate marijuana’s illegal pathways along the network into the U.S., its distribution within the homeland, and will arrest those involved in the drug trade according to federal law. CBP will continue to search for marijuana at sea, air and land ports of entry and when found take similar appropriate action. When marijuana is found at aviation checkpoints and baggage screening TSA personnel will also take appropriate action. Finally, ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation / removal apprehension packages for targeted operations against illegal aliens. They have done this in the past, are doing it today, and will do it in the future."[29]
  • On April 16, 2017, during an interview with Chuck Todd on NBC’s Meet the Press, Kelly was asked if legalizing marijuana would help or hurt the drug war. He said, “[M]arijuana is not a factor in the drug war.” He said that other drugs were more problematic. He said, “It's three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south. Those three drugs result in the death of i [sic] think in '15, I think, of 52,000 people to include opiates. It's a massive problem. 52,000 Americans dead. You can't put a price on human misery. The cost to the United States is over $250 billion a year. The solution is not arresting a lot of users. The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill.”[30]

115th Congress on marijuana

  • April 20, 2018: Senate Minority Leader Chuck Schumer (D-N.Y.) announced a new plan on Twitter to decriminalize marijuana at the federal level. He said that he changed his stance on the issue based on public opinion, THC research possibilities, and the current classification of marijuana as equal to heroin and cocaine. Senator Schumer wrote, “My bill is a step in the right direction aimed at removing the barriers to state legalization efforts.”[31]
  • January 4, 2018: Sen. Cory Gardner (R-Colo.) criticized Attorney General Jeff Sessions' memorandum rescinding the Cole Memorandum, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. Gardner said the following in a statement:[32]
“ Reports that the Justice Department will rescind their current policy on legal marijuana enforcement are extremely alarming. Before I voted to confirm Attorney General Sessions, he assured me that marijuana would not be a priority for this Administration. Today’s action directly contradicts what I was told, and I am prepared to take all steps necessary, including holding DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation. In 2016, President Trump said marijuana legalization should be left up to the states and I agree.[33] ”
  • March 2, 2017: Ten Democratic senators and one Republican—Sen. Lisa Murkowski (Alaska)—sent a letter to Attorney General Jeff Sessions requesting that he clarify his position on the enforcement of federal law in states which have legalized recreational marijuana use. "It is essential that states that have implemented any type of practical, effective marijuana policy receive immediate assurance from the DOJ that it will respect the ability of states to enforce thoughtful, sensible drug policies in ways that do not threaten the public’s health and safety. This ensures that state infrastructure, including tax revenue, small businesses, and jobs, can be protected; DOJ resources can be used most effectively; and most importantly, that marijuana can be properly regulated to improve public health and safety," they wrote.[34]

The 2016 Republican Party Platform on marijuana

Marijuana laws and ballot measures in the United States

See also: Marijuana laws and ballot measures in the United States

As of March 2020, 11 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes. Marijuana legalization has been the source of heated debate in recent years. At first, legalization efforts focused on the use of marijuana for medical purposes. Proponents argue that legalization of marijuana for recreational use will introduce safety and regulatory controls, making the drug safer for consumption. In addition, proponents argue that taxes associated with legal marijuana could provide a revenue boost for state and local governments. Opponents point to concerns about marijuana's addictiveness and negative health impacts. Opponents also argue that marijuana can function as a gateway drug, leading users to seek out other more dangerous drugs. At the federal level, the cultivation, distribution, and use of marijuana have remained federal offenses.[37]

See also

External links

Footnotes

  1. ↑ U.S. Department of Justice, "Guidance Regarding Marijuana Enforcement," August 29, 2013
  2. ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
  3. ↑ United States Department of Agriculture, "Executive Summary of New Hemp Authorities," May 28, 2019
  4. ↑ Perkins Coie, "What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?," December 31, 2018
  5. ↑ U.S. Department of Justice, "Guidance Regarding Marijuana Enforcement," August 29, 2013
  6. ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
  7. ↑ The Washington Post, "Trump taps Pennsylvania congressman to be drug czar," September 1, 2017
  8. ↑ Politico, "Trump to tap Rep. Tom Marino as 'drug czar,'" September 1, 2017
  9. ↑ Politics PA, "Breaking: Marino to Join Trump White House," April 11, 2017
  10. ↑ The Morning Call, "Congressman Tom Marino withdraws name from consideration for drug czar," May 4, 2017
  11. ↑ The Hill, "Trump drug czar nominee withdraws," October 17, 2017
  12. ↑ Politico, "Sessions moves to lengthen drug sentences," May 12, 2017
  13. ↑ Department of Justice, "Memo from Attorney General Jeff Sessions, Department Charging and Sentencing Policy," May 10, 2017
  14. ↑ Portland Business Journals, "A bipartisan eruption as Jeff Sessions, citing drug epidemic and crime, wants to go after medical marijuana," June 13, 2017
  15. ↑ Mass Roots, "Exclusive: Sessions Asks Congress To Undo Medical Marijuana Protections," June 12, 2017
  16. ↑ Thomson Reuters Foundation, "White House sees greater enforcement on recreational marijuana," February 23, 2017
  17. ↑ WhiteHouse.gov, "Radio Interview of President Trump by Jim Gray, Westwood One Sports Radio," February 5, 2017
  18. ↑ MSNBC, "Full Transcript: MSNBC Town Hall with Donald Trump Moderated By Chris Matthews," March 30, 2016
  19. ↑ Marijuana Policy Project, "2016 Presidential Candidates," accessed August 9, 2016
  20. ↑ The Washington Post, "Trump softens position on marijuana legalization," October 29, 2015
  21. ↑ C-SPAN, "Donald Trump on Marijuana," February 17, 2015
  22. ↑ The Sarasota Herald-Tribune, "Donald Trump: Legalized Drugs," April 14, 1990
  23. ↑ CNN, "Four governors talk social issues on CNN's State of the Union," February 23, 2014
  24. ↑ 13 WTHR Indianapolis, "Pence questions proposal to decrease marijuana penalties," March 20, 2013
  25. ↑ Huffington Post, "Jeff Sessions Suggests A Crackdown Isn’t Coming For Legal Weed," March 15, 2017
  26. ↑ McClatchy DC, "Sessions says marijuana should not be sold ‘at every corner grocery store,'" February 28, 2017
  27. ↑ CNN, "Sessions suggests Trump admin could stamp out legal pot," January 10, 2017
  28. ↑ The Washington Post, "Senators held a hearing to remind you that ‘good people don’t smoke marijuana’ (yes, really)," April 5, 2016
  29. ↑ DHS.gov, "Home and Away: DHS and the Threats to America, Remarks delivered by Secretary Kelly at George Washington University Center for Cyber and Homeland Security," April 18, 2017
  30. ↑ NBC News, "Meet the Press - April 16, 2017," accessed April 18, 2017
  31. ↑ Twitter, April 20, 2018
  32. ↑ Colorado Springs Independent, "Sessions to open door for marijuana crackdown," January 4, 2018
  33. ↑ 33.0 33.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  34. ↑ United States Senator, Patty Murray, "Murray, Cantwell Ask DOJ to Uphold Existing Policy on State Marijuana Laws," March 2, 2017
  35. ↑ Congress.gov, "H.R.331 - States' Medical Marijuana Property Rights Protection Act," accessed January 23, 2017
  36. ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 5, 2016
  37. ↑ DrugRehab.us, "Pros and Cons of Legalizing Recreational Marijuana," accessed August 24, 2016
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