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Colorado Lashes Back After Sessions鈥� Decision To Axe Obama Pot Policy

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Colorado Sen. Cory Gardner

The response in Colorado to U.S. Attorney General Jeff Sessions鈥� approach on marijuana enforcement was clear: no you don鈥檛.

What wasn鈥檛 immediately clear, is whether marijuana businesses and consumers in the state will be protected in the long term from federal prosecution.

It all began Thursday with Sessions鈥� decision to rescind Obama-era policies that discouraged enforcement of federal marijuana laws. That allowed the state鈥檚 billion-dollar recreational pot industry to flourish. Leaders in both political parties were outraged by the change, including U.S. Sen. Cory Gardner, who took to the Senate floor, visibly distraught.

鈥淯p until about 8:58 [Thursday] morning, we believed in Colorado that state鈥檚 rights would be protected,鈥� he said. 鈥淯ntil Twitter told us otherwise.鈥�

He was referring to early reports of Sessions鈥� decision to roll back the 鈥淐ole Memo鈥� and two additional memos related to the Department of Justice鈥檚 marijuana enforcement policy. The memos, issued in 2013 and 2014 under then-Deputy Attorney General James M. Cole, paved the way for the rapid growth of recreational marijuana sales in Colorado and other states by essentially giving federal respect to state laws.

Dueling Statements On Marijuana Law

Gardner followed up on Sessions鈥� policy change with a written statement:

鈥淩eports that the Justice Department will rescind their current policy on legal marijuana enforcement are extremely alarming,鈥� he said. 鈥淏efore I voted to confirm Attorney General Sessions, he assured me that marijuana would not be a priority for this Administration. Today鈥檚 action directly contradicts what I was told.... In 2016, President Trump said marijuana legalization should be left up to the states and I agree.鈥�

Sessions called the measure  a 鈥渞eturn to the rule of law,鈥� guiding all U.S. attorneys to 鈥渇ollow the well-established principles that govern all federal prosecutions.鈥� In his memo, Sessions reminded attorneys that federal law makes it illegal to sell or possess marijuana, and said that the Obama-era policies that discouraged prosecutions should be disregarded.

"It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission," Sessions said in a statement. "Therefore, today's memo on federal marijuana enforcement simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country.鈥�

What Other Colorado Lawmakers Said

The move prompted a wave of critical responses from Colorado lawmakers, including many that take pride in the state鈥檚 legal recreational marijuana industry and even the agencies that regulate it.

Colorado Attorney General Cynthia Coffman hastily called a press conference after Sessions鈥� announcement, where she said she expects the federal government to continue to focus its enforcement efforts and resources on the so-called gray and black markets, where marijuana growers and sellers continue to operate outside of the state鈥檚 heavily-regulated commercial industry.

鈥淚 want people to know -- I don鈥檛 think there is going to be a significant visible shift in how the marijuana industry or its customers do business,鈥� she said.

Coffman also wrote a letter to the U.S. Attorney for the District of Colorado, Robert 鈥淏ob鈥� Troyer requesting more information about the federal governments change in enforcement efforts in the state.

In response, Troyer issued his own statement, saying the U.S. Attorney鈥檚 office in Colorado had always focused its efforts in marijuana-related prosecutions on 鈥渢hose who create the greatest safety threats to our communities around the state.鈥�

鈥淲e will, consistent with the Attorney General鈥檚 latest guidance, continue to take this approach in all of our work with our law enforcement partners throughout Colorado,鈥� he wrote.

What wasn鈥檛 clear was how long Troyer will serve in Colorado and what would happen if he is ever replaced with an attorney who shares Sessions鈥� views. Gardner, in his statement, said he is 鈥減repared 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.鈥�

State Rep. Jonathan Singer, a Democrat, worried without guidelines like the Cole memo in place, the local, billion-dollar industry could get thrown into 鈥渃haos.鈥�

鈥淭he federal government can step in at any point in time with any legal, regulated dispensary that鈥檚 operating above board with background checked employees that are behaving in a safe and effective manner and throwing those folks in jail, wasting federal dollars and wasting the lives of the people of Colorado,鈥� he said.

Congresswoman Diana DeGette tweeted in response to the Department of Justice鈥檚 move, saying it undermines the rights of Coloradans and hurts an important industry.

鈥淯nconscionable,鈥� she wrote.

In a statement, Gov. John Hickenlooper defended the Cole memo, saying it was instrumental in guiding states鈥� efforts to regulate the production and distribution of marijuana.

鈥淐olorado has created a comprehensive regulatory system committed to supporting the will of our voters,鈥� he said. 鈥淲e constantly evaluate and seek to strengthen our approach to regulation and enforcement. Our focus will continue to be the public health and public safety of our citizens. We are expanding efforts to eliminate the black market and keep marijuana out of the hands of minors and criminals. Today鈥檚 decision does not alter the strength of our resolve in those areas, nor does it change my constitutional responsibilities.鈥�

Congressman Mike Coffman said the U.S. Constitution should limit what the federal government can do.

鈥淭he decision that was made to legalize marijuana in Colorado was made by the voters of Colorado, and only applies within the boundaries of our state,鈥� he said in a statement. 鈥淐olorado had every right to legalize marijuana, and I will do everything I can to protect that right against the power of an overreaching federal government.鈥�

Other Reactions In Colorado

Other responses from local business in advocates ranged from appalled to unsurprised.

鈥淭his is a blatant disregard for federalism, individual liberties and an attempt to return to a failed drug war ideology and prohibition,鈥� tweeted Colorado NORML, a local chapter of the National Organization for the Reform of Marijuana Laws, a national non-profit advocacy group.

Kayvan Khalatbari, co-founder of Denver Relief Consulting, one of the state鈥檚 oldest businesses in the cannabis industry, said he didn鈥檛 fear a crack down on Colorado鈥檚 law-abiding businesses.

鈥淚 think this is just another day in the cannabis industry,鈥� he said. 鈥淭here鈥檚 a lot of smoke and no fire.鈥�

Khalatbari acknowledged the Cole memo鈥檚 important role in growing the country鈥檚 legal pot economy, but said Sessions鈥� decision to rescind it mainly highlighted the potential for future conflicts between state and federal marijuana policy.

鈥淭he Cole memo soothed a lot of the concerns people had in regards to this federal illegality and made it a lot safer,鈥� he said. 鈥淲hen we saw that memo come about, we saw the grand expansion of cannabis.鈥�

Since 2012, voters in eight states, including Colorado, have legalized sales and use of recreational marijuana. Last year, recreational sales in Colorado generated thousands of jobs and more than $200 million in tax revenues, according to the Colorado Department of Revenue.

 

I cover a wide range of issues within Colorado鈥檚 dynamic economy including energy, labor, housing, beer, marijuana, elections and other general assignment stories.
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