The
Donald Trump administration
Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory o ...
took positions against
marijuana and against the easing of laws regarding marijuana.
[Brendan Bures]
Trump administration doubles down on anti-marijuana position
, ''Chicago Tribune'' Content Agency (February 21, 2020). Although Trump indicated during his
2016 presidential campaign
This national electoral calendar for 2016 lists the national/ federal elections held in 2016 in all sovereign states and their dependent territories. By-elections are excluded, though national referendums are included.
January
*7 January: Kiri ...
that he favored leaving the issue of
legalization of marijuana
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws.
[ In 2018, the administration rescinded the 2013 ]Cole Memorandum
The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, g ...
, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue marijuana prosecutions in states where marijuana is legal as a matter of state law.
Early statements
At a press conference in February 2017, White House Press Secretary Sean Spicer indicated that the federal government could pursue greater enforcement of federal anti-marijuana laws, with the U.S. Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
under Trump "further looking into" states where recreational marijuana
Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
was legal as a matter of state law. Spicer distinguished between recreational marijuana use and medical marijuana use, suggesting that Trump "understands the pain and suffering that many people go through who are facing, especially terminal diseases, and the comfort that some of these drugs, including medical marijuana, can bring to them." Spicer stated that the administration believed there was a link between recreational marijuana use and opiate abuse, despite current studies that show the reverse and that marijuana use actually results in a lower incidence of opiate abuse.
Rescission of the Cole Memorandum and Obama-era non-interference policy
On January 4, 2018, Attorney General Jeff Sessions
Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United States ...
rescinded three Obama-era memos that had adopted a policy of non-interference with states that have legalized recreational marijuana, including the 2013 Cole Memorandum
The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, g ...
.
In April 2018, after U.S. Senator Cory Gardner (Republican of Colorado), threatened to block the appointment of 20 Justice Department nominees in response to the Cole Memorandum's rescission, Gardner said that he had made a deal with Trump in which the administration said it would uphold the rights of states to regulate cannabis within their associated jurisdictions and assured states with legalized cannabis that the rescission of the Cole Memo would not subject them to federal prosecutors.
Legislation
One of the first official statements on Trump administration's policies came in May 2017, when Trump, when signing 2017 omnibus appropriations bill, included a signing statement, said that his administration could ignore the Rohrabacher–Blumenauer amendment (formerly the Rohrabacher–Farr amendment The Rohrabacher–Farr amendment (also known as the Rohrabacher–Blumenauer amendment) is legislation first introduced by U.S. Rep. Maurice Hinchey in 2001, prohibiting the Justice Department from spending funds to interfere with the implementation ...
), which prohibits the use of federal funds to prosecute persons for medical marijuana activities that are legal under applicable state law. Trump's signing statement suggested that the congressional limitation on spending authority did not legally bind him.[
In June 2018, Trump stated that he would "probably" support the STATES Act, a bipartisan bill that would effectively end the federal prohibition on marijuana and leave the issue up to the states.
]
Response of the states
, thirty-seven states have legalized marijuana for medical use. Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...
, California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
, Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
, Illinois
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...
, Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and ...
, Massachusetts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
, Nevada, Oregon, Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
, Michigan
Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
, and Washington and the District of Columbia have legalized it for recreational use as well. In April 2017, the governors of Alaska, Colorado, Oregon and Washington sent a letter to the U.S. administration urging continuation of Federal policy under the Cole Memorandum
The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, g ...
.
In response to the February 2017 announced crackdown:
* Washington State Attorney General Bob Ferguson stated Washington will defend its marijuana laws: “I will resist any efforts by the Trump administration to undermine the will of the voters in Washington state,” Ferguson said in an interview. On February 15, Ferguson and Governor Jay Inslee
Jay Robert Inslee (; born February 9, 1951) is an American politician, lawyer, and economist who has served as the 23rd governor of Washington since 2013. A member of the Democratic Party, he served as a member of the U.S. House of Represent ...
sent a letter to U.S. Attorney General Jeff Sessions
Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United States ...
stating that illegal dealing in the State of Washington has been replaced with a tax-paying regulated industry, and the move has freed up law enforcement officers for other duties. Ferguson and Inslee's letter told Sessions that "Given the limited resources available for marijuana law enforcement, a return to 'full' prohibition’ is highly unlikely to end the illicit production, trafficking and consumption of marijuana."
* Nevada Senate Majority Leader Aaron D. Ford called on the state's attorney general to "vigorously defend" the state's laws legalizing and taxing recreational marijuana. Ford saying that "Any action by the Trump administration would be an insult to Nevada voters and would pick the pockets of Nevada's students."
* U.S. Senator Ron Wyden of Oregon
Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
responded to the intended crackdown, by calling on the federal government to respect the decision of Oregon voters to legalize marijuana and saying that "the Trump administration is threatening states' rights, including the rights of one in five Americans who live in a state where marijuana is legal.” He stated he would ask the state to oppose federal government intrusion into the state.
References
{{Portal bar, Cannabis, Politics, United States
Trump, Donald administration
Trump, Donald administration
Trump, Donald
Policies of Donald Trump