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Pennsylvania Governor to AG Sessions: Back Off!

Posted by on June 16, 2017

In a recent letter to Attorney General Jeff Sessions, Pennsylvania Governor Tom Wolf wrote a pointed letter regarding the Department of Justice and it’s posturing to implement a crackdown of lawful state medical marijuana programs.

The full letter:

Dear Attorney General Sessions:

Last year, the Pennsylvania passed bipartisan legislation to legalize Medical Marijuana that I was proud to sign into law. The legislation was the result of conversations with Republicans and Democrats and fierce advocacy from families of children who were stricken with terrible illness that could be helped by Medical Marijuana.

We talked to kids who suffer dozens of seizures in a given day. We met veterans who have seen absolute terror and seek relief from the effects of their post-traumatic stress. We approached the responsibility of providing relief to the people of Pennsylvania very thoughtfully.

Since I signed the legislation, we have taken very careful and deliberate steps to implement the law so that those who are suffering can get relief while ensuring that the state is a responsible steward of the program.

Given the bipartisan and medical consensus for Medical Marijuana in Pennsylvania and many other states, I am disturbed to know that you are actively pursuing a change in federal law to go after medical marijuana suppliers.

We do not need the federal government getting in the way of Pennsylvania’s right to deliver them relief through our new medical marijuana program.

Your action to undo the protections of the Rohrabacher-Farr amendment, which prevents the use federal funds to disrupt states’ efforts to implement “their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana” is misguided.

If you seek to further disrupt our ability to establish a legal way to deliver relief of medical marijuana to our citizens, I will ask the Attorney General of Pennsylvania to take legal action to protect our residents and state sovereignty.

Sincerely,

Governor Tom Wolf

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

This comes in response to a recently revealed private letter that Jeff Sessions sent to Congressional leadership requesting that the DOJ be permitted to target and prosecute state-licensed medical cannabis facilities, currently prohibited by a spending rider known as the Rohrabacher-Blumenauer amendment.

“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote, “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

Jeff Sessions actually seems to believe that lawful medical marijuana patients, i.e. sick people, are causing the violent crime and contributing to transnational drug trafficking.

Deputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing earlier this week and he brought up current DOJ policy and left the door wide open to a potential crackdown.

“Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

The Cole Memo, is a Justice Department memorandum, authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

But while the Justice Department contemplates its next move, Wolf and other state politicians are taking action. Recently, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the Obama Administration’s largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo.

“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”

Click here to send a message to your member of Congress to urge them to force the Department of Justice to respect state marijuana laws and then visit http://norml.org/act to support other efforts in your state and federally.

PA resident? Click here to send a message to your state lawmakers to support the effort to decriminalize marijuana in the Keystone State.

NORML Blog, Marijuana Law Reform

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