Trevor Hughes

USA TODAY

The nation’s fast-growing marijuana industry remains cautiously optimistic but uncertain about how the Trump administration will handle cannabis enforcement across the country.

Attorney General nominee Jeff Sessions, testifying at the start of his confirmation hearings on Tuesday, pointed out that marijuana remains illegal at the federal level, but that the federal government has limited enforcement resources. Eight states — Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington — have legalized recreational marijuana, as has the District of Columbia. And 29 states permit some form of medical marijuana use.

Marijuana-industry workers worry Sessions, a Republican U.S. senator with a longstanding opposition to marijuana legalization, could crush an nascent industry that’s on track to be worth $21 billion within three years. During his testimony Tuesday, Sessions reminded Congress that it has the power to legalize pot nationally. During the election, President-elect Trump said he would respect states’ rights and leave alone marijuana programs, but didn’t discuss national legalization.

“It’s not so much the attorney general’s job to decide what laws to enforce,” Sessions said in response to a question. “We should do our job and enforce laws effectively.”

Legalization advocates say they worry Sessions’ nomination was a signal that Trump had changed his mind. But the president-elect’s spokesman on Tuesday morning said nominees would be expected to carry out Trump’s agenda. Polls show a majority of Americans support marijuana legalization, and tens of thousands of people are working in the home-grown industry.

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“It's time for federal lawmakers to represent the clear choices of their constituents,” National Cannabis Industry Association executive director Aaron Smith said in a statement.

Today, marijuana dealers feel largely protected by the Cole Memo, a Justice Department letter establishing under what circumstances federal law enforcement would step in. Generally speaking, the Cole Memo says the federal government will ignore marijuana businesses working in states with strong regulatory systems that take steps to keep pot out of the hands of children and prevent drug cartels from profiting. But that 2013 memo also specifically says prosecutors retain the discretion to target the marijuana industry if there’s a “strong federal interest.” Sessions could rescind that memo once he’s on the job.

Congress also has prohibited the Justice Department from using federal money to interfere with medical marijuana patients in states where it’s been approved. Medical marijuana advocates say they were disappointed Sessions didn't discuss medical programs in more detail.

The hearing continues Wednesday.

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