(CNN)Jeff Sessions announced Thursday that he is rescinding the Cole memo, which reflected the Department of Justice’s relatively passive policy under the Obama administration since August 2013 on enforcement of federal cannabis laws.
If Sessions intended to quell the enthusiasm of California’s cannabis business enthusiasts and government officials, he once again fell short.
Unlike announcements from the DOJ in past years threatening to ramp up federal enforcement of the cannabis laws, this announcement was met with little more than a yawn by cannabis businesses.The harshest reaction came from local and state government officials — in California and in other states — who insisted that they were disappointed, concerned, and surprised by Sessions’ move.
Now, unlike in prior years, government officials in California and elsewhere are totally aligned with cannabis businesses in resisting the federal government’s threats.
In fact, the landscape has shifted so dramatically in recent years that some of the harshest critics of Sessions were senators and representatives, many of them. prominent Republicans, from states with cannabis programs that generate much-needed medicine and tax revenue. They expressed outrage over this action by Sessions, claiming it belies promises he made to them before being confirmed by the Senate.
As a result, Sessions has alienated many in Congress, where he can ill afford to lose any friends. Given his recusal — apparently against President Donald Trump’s wishes — from the Russia collusion investigation, he seems to be in a vulnerable spot with the President. Trump has said that he still stands with Sessions. But the attorney general still faces allegations from Democrats, who say that he perjured himself during last year’s confirmation hearings.Without protection from Republican allies in the Senate, Sessions’ next appearance on Capitol Hill could be bloody. Cannabis might be the issue that undermines Sessions’ already shaky support.
Apart from Sessions’ announcement being unpopular, it really doesn’t have any teeth. The medical and legal cannabis industry has grown so big that it would be impossible to make a dent in it — let alone stamp it out through federal enforcement.
Moreover, Sessions did not actually announce that there would be a crackdown on cannabis businesses, but rather that it would be left to the discretion of the local US attorneys in the various districts to decide how and when to enforce the federal laws. This does not amount to much of a substantive change in policy, which begs the question of why Sessions bothered to make the announcement at all.
The Obama administration’s policy essentially left it to the individual states to regulate its respective cannabis industries provided those businesses did not engage in activities that threatened federal priorities, like serving as a cover for other illegal activity or violence.
