In recent remarks at the John Jay College of Criminal Justice, former US Attorney General Eric Holder spoke about current Attorney General Jeff Sessions’ views on marijuana, saying “The Sessions almost obsession with marijuana I think is the thing that’s put the Justice Department in this strange place,” in regards to potential changes in current policy held up by what is known as The Cole Memo.
Authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states, the memo directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.
Despite Holder’s comments, he took no action while he had the power as the Attorney General to deschedule marijuana from the Controlled Substances Act.
Jeff Sessions has a long history of advocating for the failed policies of the “Just Say No” era — policies that resulted in the arrests of millions of otherwise law-abiding citizens who possessed personal use amounts of marijuana.
This comes as Congress is currently debating the extension of federal protections for the 30 state lawful medical marijuana programs and the 16 state lawful limited CBD access programs, know as the Rohrabacher-Blumenauer amendment.
At a time when the majority of states now regulate marijuana use, and where six out of ten votes endorse legalizing the plant’s use by adults, it makes no sense from a political, fiscal, or cultural perspective to try to put this genie back in the bottle. It is high time that members of Congress take action to comport federal law with majority public opinion and the plant’s rapidly changing legal and cultural status.