A reported policy change from US Attorney General Jeff Sessions suddenly thrust the future of legalized marijuana into uncertainty Thursday morning, drawing fierce criticism from politicians in both major parties.
The move could pose an existential threat to a multi-billion dollar industry that directly employs more than 34,000 people in Colorado alone.
The Associated Press reported that Sessions plans to rescind the Cole memo, a DOJ policy document that laid out a policy allowing states to proceed with legalized sales of marijuana, provided that states followed a list of guidelines meant to keep marijuana from crossing state lines, generating profits for cartels, or falling into the hands of children.
A copy of Sessions' memo to all US Attorneys, published by Politico, declares the Cole memo immediately void, but provides little if any guidance to federal prosecutors about how to proceed, other that to underscore that Congress previously determined "that marijuana is a dangerous drug and that marijuana activity is a serious crime."
That would leave the multi-billion dollar question of how to enforce marijuana laws to Bob Troyer, the US Attorney for Colorado.
Troyer's office released the following statement:
“Today the Attorney General rescinded the Cole Memo on marijuana prosecutions, and directed that federal marijuana prosecution decisions be governed by the same principles that have long governed all of our prosecution decisions. The United States Attorney's Office in Colorado has already been guided by these principles in marijuana prosecutions -- focusing in particular on identifying and prosecuting those who create the greatest safety threats to our communities around the state. We will, consistent with the Attorney General's latest guidance, continue to take this approach in all of our work with our law enforcement partners throughout Colorado.”
Some of the quickest criticism came from Republicans in Colorado.
Sen. Cory Gardner (R-Colorado) said on Twitter that he was blindsided by the decision and that it “directly contradicts what Attorney General Sessions told me prior to his confirmation.”
“The Justice Department has trampled on the will of the voters in CO and other states,” Gardner said. “I am prepared to take all steps necessary, including holding DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation.”
The decision also contradicts President Donald Trump's position during the 2016 campaign, when he said he would not use Federal powers to crack down on legalized marijuana in states.
“I wouldn't do that, no,” Trump told 9NEWS in an July 2016 interview when asked about the possibility his future attorney general might seek to undo legalized pot sales. “I think it should be up to the states, absolutely.”
Gov. John Hickenlooper has a previously-scheduled press conference scheduled for Thursday afternoon. His office says it is waiting for an official announcement from DOJ before commenting.
9NEWS will update this story throughout the day as more details become available.
