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Marijuana Law, Policy & Reform

Heritage Foundation expert provides road map for big government feds to crack down on marijuana enterprises

By Douglas Berman

Stimson_Cully_0This webpage discussing the mission of the Heritage Foundation states at its outset that “free enterprise, limited government, individual freedom” are among the principles that that the group “fights for every single day.” But when it comes to marijuana law and policy, it seems these principles become much less important given this new Daily Signal commentary authored by Charles “Cully” Stimson of The Heritage Foundation’s Center for Legal and Judicial Studies.  The piece is headlined “How Trump’s DOJ Can Start Enforcing Federal Marijuana Law,” and in it Stimson provides a detailed road map for how the large federal government can try to crush free enterprise and individual freedom in marijuana legalization states. Here are the essentials of the piece (with links from the original):

Thorough scientific reviews by President Barack Obama’s Food and Drug Administration and Drug Enforcement Administration — as well as drug classification reviews by federal judges — have affirmed that marijuana should remain a Schedule 1 drug. Such drugs are defined as having “no currently accepted medical use and a high potential for abuse.”

As I have written here and here, the predictable consequences of marijuana legalization are beginning to emerge in states like Colorado and Washington.  Annual reports from the Rocky Mountain High Intensity Drug Trafficking Area, Smart Approaches to Marijuana, and the Colorado Department of Public Safety have analyzed the negative impact that marijuana legalization has had on health and public safety in Colorado.

 With such research finally emerging, the Trump administration and the Department of Justice are in a strong position to enforce federal law and take appropriate and aggressive action in crafting a commonsense drug enforcement policy for marijuana. The Trump administration should consider the following actions:

  • Reaffirm support for the law….
  • Coordinate with lower-level officials….
  • Reassert America’s drug position on the world stage….
  • Up the profile of key drug enforcement personnel….
  • Rescind and replace the August 2013 memorandum from then-Deputy Attorney General James M. Cole—i.e. the “Cole Memo.”…
  • Select marijuana businesses to prosecute….
  • Rescind the Financial Crimes Enforcement Network’s guidance for banks and oppose efforts to expand banking services to the marijuana industry….
  • Support state attorneys general in nonlegalized states….
  • Prosecute those dealing in marijuana—which is illegal under federal law—using the Racketeer Influenced and Corrupt Organizations Act (RICO)….
  • Prosecute those who provide financing for marijuana operations….
  • Empower the FDA to take action to regulate marijuana in order to protect patients and the public….

None of these recommendations advocate criminal prosecution for simple possession of marijuana. Enforcing federal marijuana laws should not be about putting people in jail….

Thus, it has not been the case and should not be the case that people are criminally prosecuted and jailed for simple possession of small quantities of marijuana. However, the recommendations listed above provide a targeted approach to marijuana enforcement that focuses on protection, not punishment. These recommendations should be part of any commonsense approach that is consistent with an interest in public health and safety.

Recent comments by the White House press secretary (covered here) and also by the Attorney General (covered here) has me starting to think that the Trump Administration might be quite seriously considering many of Stimson’s big government suggestions for the future of federal marijuana policies and practices.

A few prior related posts:

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Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate and Who decides