By Lydia Wheeler
The Trump administration is readying for a crackdown on marijuana users under Attorney General Jeff Sessions. President Trump’s Task Force on Crime Reduction and Public Safety, led by Sessions, is expected to release a report next week that criminal justice reform advocates fear will link marijuana to violent crime and recommend tougher sentences for those caught growing, selling and smoking the plant.
Sessions sent a memo in April updating the U.S. Attorney’s Offices and Department of Justice Department (DOJ) component heads on the work of the task force, which he said would be accomplished through various subcommittees. In the memo, Sessions said he has asked for initial recommendations no later than July 27.
“Task Force subcommittees will also undertake a review of existing policies in the areas of charging, sentencing, and marijuana to ensure consistency with the Department’s overall strategy on reducing violent crime and with Administration goals and priorities,” he wrote. Criminal justice reform advocates fear Sessions’s memo signals stricter enforcement is ahead.
“The task force revolves around reducing violent crime and Sessions and other DOJ officials have been out there over the last month and explicitly the last couple of weeks talking about how immigration and marijuana increases violent crime,” said Inimai Chettiar, director of the Brennan Center’s Justice Program.
“We’re worried there’s going to be something in the recommendations that is either saying that that’s true or recommending action be taken based on that being true.”
Sessions sent a letter in May asking congressional leaders to do away with an amendment to the DOJ budget prohibiting the agency from using federal funds to prevent states “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana.”
“I believe it would be unwise for Congress to restrict the discretion of the Department to fund prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” said the letter from Sessions, first obtained by Massroots.com and verified by The Washington Post.
As for the task force, Sessions said another subcommittee would “explore our use of asset forfeiture and make recommendations on any improvements needed to legal authorities, policies, and training to most effectively attack the financial infrastructure of criminal organizations.” On Wednesday, Sessions reportedly re-established a controversial criminal asset seizure program ahead of the committee’s recommendations. Local law enforcement leaders say a crackdown appears to be next, though they argue there’s no need for it.
“From a practitioner’s point of view, marijuana is not a drug that doesn’t have some danger to it, but it’s not the drug that’s driving violent crime in America,” said Ronal Serpas, the former superintendent of the New Orleans Police Department and co-chairman of Law Enforcement Leaders to Reduce Crime and Incarceration.
“That’s not the drug with which we see so much death and destruction on the streets of America. Crack and powdered cocaine, heroin and opioids is where we’re seeing people die on street corners fighting over territory or control.”
Eight states and the District of Columbia have legalized the recreational use of marijuana, and another 21 states allow the use of
medical marijuana, according to the Marijuana Policy Project, but marijuana use is still illegal under federal law.
If Sessions ignites a fight over states’ rights, Chettiar wonders whether it will spur Republicans into a showdown with the Trump
administration on criminal justice reform.
Sen. Rand Paul (R-Ky.), who publicly criticized Sessions for reversing Obama-era guidelines on criminal charges and sentencing in May, said he’s not in favor of the DOJ interfering with state policies regarding marijuana.
“I will oppose anybody from the administration or otherwise that wants to interfere with state policy,” he told The Hill this week.
Paul is part of a bipartisan group of Senators pushing legislation to allow patients to continue accessing medical marijuana in states where it is legal without fear of federal prosecution.
Legislation introduced last month by Sens. Kirsten Gillibrand (D-N.Y.), Cory Booker (D-N.J.), Lisa Murkowski (R-Alaska), Al Franken (D-Minn.), Mike Lee (R-Utah) and Paul introduced — known as theCompassionate Access, Research Expansion and Respect States (CARERS) Act — would amend federal law to allow states to set their own medical marijuana policies.
According to Politifact, Trump pledged to leave marijuana legalization up to the states while on the campaign trail. But last month he reportedly pushed back against the congressional ban on the DOJ interfering with state medical marijuana laws in a signing statement, asserting that he isn’t legally bound to the limits imposed by Congress.
The DOJ’s likely move on marijuana comes amid rising tensions between Trump and Sessions. Trump in an interview with The New York Times publicly dressed down Sessions for recusing himself from the Russia investigation, calling that decision “very unfair” to him. Longtime Trump ally Roger Stone argued this week that Trump has been disappointed in Sessions.
“The president initially bonded with Sessions because he saw him as a tough guy,” he said in an interview with The New York Times. “Now he’s saying: ‘Where’s my tough guy? Why doesn’t he have my back?’
There’s a lack of aggressiveness with Sessions, unless it involves chasing people for smoking pot.” In an interview with The Hill, Booker called Sessions “one of the greatest threats to the safety of our local communities in America.”
“If you try to start prosecuting marijuana… you create more violence and more danger as well as greater government cost,” he said. “These policies that he’s doing ultimately go to the core of the safety of our communities.”
Though Sessions appears to be an obstacle for lawmakers and advocates who want sentencing reform, Booker said he’s not “insurmountable.”
“If we can overcome Strom Thurmond’s filibuster against the civil rights bill, we can overcome a U.S. Attorney General who is out of step with history and out of step with his party,” he said. But Sessions isn’t alone in his views on pot. Though he said he believes in the need for sentencing reform, Sen. Lindsey Graham (R-S.C.) seemed to agree this week that there needs to be stricter enforcement.
“I believe marijuana probably needs to be cracked down on, but we’ll see when he sends it over,” Graham said of the task force report.