Later On

A blog written for those whose interests more or less match mine.

Trump really does believe that he can do whatever he wants: Medical marijuana example

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Philip Smith writes in Drug War Chronicles:

Congress moved to protect medical marijuana by including in its stopgap federal spending bill a provision barring the Justice Department from using federal funds to go after the drug in states where medical marijuana is legal, but now, President Trump says that doesn’t matter.

Even though Trump signed the spending bill into law last Friday, he included a signing statement objecting to numerous provisions in the bill — including the ban on funds to block the implementation of medical marijuana laws in those states.

Despite those state laws, marijuana remains illegal under federal law, which also does not recognize “medical marijuana.”

The president said he reserved the right to ignore that provision and left open the possibility the Trump administration could go after the 29 states, the District of Columbia, and the territories of Guam and Puerto Rico where medical marijuana use is allowed.

“Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories,” Trump noted in the signing statement. “I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed.”

The language suggests that Trump could give Attorney General Jeff Sessions his go ahead when it comes to enforcing marijuana policy. Sessions has vowed to crack down on marijuana and has scoffed at arguments for its medical use as “desperate.”

“I reject the idea that we’re going to be better placed if we have more marijuana,” Sessions told law enforcement officials in an April speech. “It’s not a healthy substance, particularly for young people.”

But the language also sets up a potential power struggle with Congress, which, under the Constitution, has the sole power to appropriate funds for federal government operations.

As Steve Bell, a senior adviser at the Bipartisan Policy Center in Washington told Bloomberg News, the signing statement signals a desire to usurp power from Congress. . .

Continue reading.

See also his article “Congress Will Give the DOJ Exactly Zero Dollars to Go After Medical Marijuana.” The concluding paragraphs of that article:

. . . In the meantime, medical marijuana is protected in the 29 states where it is legal. But adult-use legal marijuana, legal in eight states, is not under the purview of the budget agreement and is still theoretically at risk from a Sessions Justice Department.

But even Sessions, a fire-breathing foe of the weed, increasingly seems disinclined to make good on earlier vows to go after legal pot. Like Donald Trump discovering that health care reform is “complicated,” Jeff Sessions is apparently coming to understand, as he reportedly told Colorado Governor John Hickenlooper’s chief of staff last week, that the Obama administration’s toleration of state-legal marijuana legalization under specified conditions is “not too far from good policy.”

Written by LeisureGuy

11 May 2017 at 1:01 pm

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