Article by Erik Altieri, NORML Executive Director
Ever since the 2016 election, marijuana legalization supporters have been wondering if President Trump will crack down on state-approved recreational and/or medical marijuana programs. The Heritage Foundation believes it knows the answer.
According to the conservative think tank, there are actions the government can take without needing to pass any new legislation or expend much political capital, such as reaffirming the federal government’s position as supporting marijuana’s illegality under the Controlled Substances Act (CSA) and reasserting support for the international treaties that require countries to enforce marijuana prohibition. These actions would make headlines, send a chill across the industry (particularly in states that have yet to formally launch their legal marijuana markets) and make clear the direction the White House has decided to go when dealing with legal marijuana businesses.
The Washington, D.C.-based group calls for rescinding the Obama Administration’s Cole memo, which gives leeway to the states to implement legalization and replace it with a memo that makes it clear that the DOJ “fully expects states to not permit commercialized marijuana production and sale.” With this memo in place, the DOJ could then select a number of marijuana businesses for prosecution of a violation of state and/or federal law, which would create “a real threat of prosecution.”
The right-wing policy shop recommends overturning previous guidance from the Financial Crimes Enforcement Network, which opened the door to very limited banking for a handful of businesses in the marijuana industry. This would scare off the already minuscule number of financial institutions working, or considering working, with marijuana-related businesses. Using the Racketeer Influenced and Corrupt Organizations Act, the government could target investors.
With all of this in mind, the only option we truly have to ensure our victories are upheld and that we move forward with nationwide legalization is to change federal law. Amendments such as Rohrabacher-Blumenauer stem the bleeding a bit, but require a new political fight every year. Congress needs to pass The Respect State Marijuana Laws Act, which would prevent the federal government from interfering in state-approved adult use or medical programs. Even better, Congress should remove marijuana from the CSA entirely.