Rep. Barbara Lee (D-CA13)

Should the federal government be able to interfere with state-level legal marijuana? Attorney General Jeff Sessions says yes, but this bipartisan bill could stop him.

Context

When Colorado and Washington first legalized marijuana in 2012, the drug remained illegal on a federal level, as it still does today. So, should the federal government go after states which legalized the drug, or not? Under the Obama Administration, the Department of Justice decided in 2013 to have state-level U.S. attorneys largely refrain from prosecution.

Today, eight states plus the District of Columbia have legalized recreational marijuana — including California, the highest-population state in the country. But in January, the Trump Administration’s Justice Department decided to rescind that Obama-era 2013 ruling.

What the bill does

The Restraining Excessive Federal Enforcement & Regulations of Cannabis (REFER) Act would withhold any federal spending that would be used to impede state-level legal recreational marijuana.

Since 2014, the federal government has already been prevented from inhibiting state-level medical marijuana. There are two major differences with this bill. One is that it applies to recreational and not just medical marijuana. The other is that, if passed, it would be permanent and wouldn’t have to keep coming up for a renewal vote annually. (Although the medical amendment has been passed every year since 2014, including again just in January.)

The bill was introduced on January 12, a week after Sessions repealed the Cole Memo. It was introduced in the House by Rep. Barbara Lee (D-CA13) as H.R. 4779.

What supporters say

Supporters argue the bill would protect states’ rights — ironically, an argument usually made by conservatives, although it’s being done largely by progressives in this case.

“The federal government has no business interfering in states that have decriminalized cannabis. American voters have sent a clear message — it’s time for the government to stop wasting taxpayer money on the failed War on Drugs and take long overdue action to reform cannabis policies,” House lead sponsor Lee said in a press release.

“The cannabis industry is moving forward, despite the best efforts of the Trump Administration to hamper this progress,” Lee continued. “One in five Americans resides in a state where cannabis use has been legalized. By passing the REFER Act, Congress can end the federal government’s wrongful targeting of this industry and ensure that the will of the American people is respected.”

What opponents say

Opponents counter the bill is a violation of the rule of law — a rule of law not only set but perpetuated by Congress, including the current Congress. Since the bill is primarily targeting the Department of Justice, it’s no surprise that perhaps the biggest opponent is Attorney General Jeff Sessions.

“In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes… These statutes reflect Congress’ s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime,” Sessions wrote in his memo to U.S. attorneys announcing the new policy.

“Given the Department’s well-established general principles, previous nationwide guidance specific to marijuana enforcement is unnecessary and is rescinded, effective immediately.”

Odds of passage

The bill has attracted six bipartisan House cosponsors: four Democrats and two Republicans. It awaits a possible vote in either the House Judiciary, Financial Services, or Energy and Commerce Committees.

This article was written by GovTrack Insider staff writer Jesse Rifkin.

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