Thursday, February 9, 2017

Sessions confirmed as AG - Should Legal Weed be Worried?

It is official: Jeff Sessions, the man with a proven record of opposition to black people voting, is the new US Attorney General.

The ascension of a classic, George Wallace-type Southern racist to the nation's highest law enforcement position does not bode well for American civil rights in general, but his harsh positions on race, drugs, and crime make him a natural opponent of legal marijuana industries operating in several states. Since Sessions has not yet made it clear whether marijuana will be a priority for his Justice Department, that is all that we can be sure of at the moment.

Yet, as "Radical Russ" over at the blog Weed News pointed out back in January, there are still plenty of good reasons for the legal weed industry to be scared of a Sessions-led JD. The quintessential prohibitionist, Sessions has said that "good people don't smoke marijuana," and he was once overheard saying (he says he was joking) that he thought some members of the KKK were okay, until he found out they smoked pot.

But, as Russ points out, the most concrete reason for worry in the weed industry might not be Sessions but the President:
"... let’s pretend Trumplethinskin really believes in the sovereignty of the states in matters of marijuana policy. Which states will he lean toward, the legal marijuana states which, all but Alaska, voted for Hillary – and their states’ rights to sell marijuana in stores? Or the prohibition states that make up his base and their states’ right to not have legal marijuana flowing across their borders?"
This kind of childish political retribution seems to be well within the realm of Donald Trump's cavalcade of impulses. He has a penchant for staging dramatic acts of retaliation against those he feels has wronged him and he could easily have the Sessions JD drop the hammer on Left Coast marijuana as punishment for all the liberals who sneered and doubted him in the campaign.

Any action against legal marijuana would be a travesty. Far from simply a movement to let people smoke pot in peace, ending the War on Drugs is a Civil Rights campaign. For more than a hundred years, drugs have been an excuse for law enforcement to disproportionately stigmatize, stereotype, harass, beat, arrest, imprison, disenfranchise, shoot, and kill black, brown, and LGBT Americans.

It would also be a travesty because legalization is working. In Colorado, for instance, not only do thousands of people not get harassed and arrested over pot, but the state is collecting much-needed tax revenue, a portion of which goes to school construction; the state enforces rigorous rules on product labeling, grow site security, pesticide use, and other aspects of the industry; there is no indication of a weed-related public health crisis; and teenagers are not using marijuana at a higher rate than before legalization.

Of course, the rollout hasn't been perfect. Among other issues, minorities are still being unfairly targeted for illegal use. But this all a far cry from the days of prohibition, when simply possessing enough of the herb could land you in prison. In short, it is virtually impossible to argue that legalization has been the abject failure that so many prohibitionists assured us it would be.

While the GOP as a whole is likely to back any kind of crackdown on legalization, there is at least one Republican in Congress who will not. Rep. Dana Rohrabacher of Orange County, California, has just introduced a bill that would exempt consumers and businesses from federal drug laws if they are acting in accordance with state laws. Of course, the bill has no chance of passing, but I see it as an honorable effort.

Stay tuned - I may not be sure what will happen, but I am sure that this is only the tip of the Sessions blog post iceberg.

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