The firstDonald Trump administration (2017–2021) took positions againstmarijuana and against the easing of laws regarding marijuana.[1] Although Trump indicated during his2016 presidential campaign that he favored leaving the issue oflegalization of marijuana 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.[1]
At a press conference in February 2017,White House Press SecretarySean Spicer indicated that the federal government could pursue greater enforcement of federal anti-marijuana laws, with theU.S. Department of Justice under Trump "further looking into" states whererecreational marijuana was legal as a matter of state law.[7][8] 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".[9] 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.[10][11][12][13]
Rescission of the Cole Memorandum and Obama-era non-interference policy
On January 4, 2018, Attorney GeneralJeff Sessions rescinded three Obama-era memos that had adopted a policy of non-interference with states that have legalized recreational marijuana, including the 2013Cole Memorandum.[2]
In April 2018, after U.S. SenatorCory 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.[14]
One of the first official statements on the Trump administration's policies came in May 2017, when, while signing the2017 omnibus appropriations bill, Trump included asigning statement saying that his administration could ignore theRohrabacher–Blumenauer amendment (formerly theRohrabacher–Farr amendment), which prohibits the use of federal funds to prosecute persons for medical marijuana activities that are legal under applicable state law.[15][16] Trump's signing statement suggested that the congressional limitation on spending authority did not legally bind him.[16]
In June 2018, Trump stated that he would "probably" support theSTATES Act, a bipartisan bill that would effectively end the federal prohibition on marijuana and leave the issue up to the states.[17][18]
This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(November 2024)
As of 2019[update], thirty-seven states have legalized marijuana for medical use.Alaska,California,Colorado,Illinois,Maine,Massachusetts, Nevada, Oregon,Vermont,Michigan, and Washington and the District of Columbia have legalized it for recreational use as well.[19] 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 theCole Memorandum.[20]
In response to the February 2017 announced crackdown:
Washington State Attorney GeneralBob Ferguson stated Washington will defendits 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 GovernorJay Inslee sent a letter to U.S. Attorney GeneralJeff Sessions 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."[21][22]
Nevada Senate Majority LeaderAaron D. Ford called on the state's attorney general to "vigorously defend" thestate's laws legalizing and taxing recreational marijuana. Ford said that "Any action by the Trump administration would be an insult to Nevada voters and would pick the pockets of Nevada's students."[22][23]
U.S. SenatorRon Wyden ofOregon responded to the intended crackdown, by calling on the federal government to respect thedecision 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.[24]
^Teaganne Finn; Erik Wasson; Daniel Flatley (November 29, 2018),Lawmakers Reach Farm Bill Deal by Dumping GOP Food-Stamp Rules, Bloomberg,The bill includes a provision that would make hemp a legal agricultural commodity after Senate Majority LeaderMitch McConnell of Kentucky championed the proposal, even joining the farm bill conference committee to ensure it would be incorporated. Among other changes to existing law, hemp will be removed from the federal list of controlled substances and hemp farmers will be able to apply for crop insurance.
^Adam Drury (November 30, 2018),"Industrial Hemp is Now Included in the 2018 Farm Bill",High Times,This year's Farm Bill, however, goes much further, changing federal law on industrial and commercial hemp and, remarkably, introducing the first-ever changes to the Controlled Substances Act of 1970.
^"Reconciled Farm Bill Includes Provisions Lifting Federal Hemp Ban",Legislative blog,NORML, November 29, 2018,The [bill] for the first time amends the federal Controlled Substances Act of 1970 so that industrial hemp plants containing no more than 0.3 percent THC are no longer classified as a schedule I controlled substance. (See page 1182, Section 12608: 'Conforming changes to controlled substances act.') Certain cannabinoid compounds extracted from the hemp plant would also be exempt from the CSA.
^Ellyn Ferguson (December 5, 2018),"Final Farm Bill Would Make Hemp Legal, Other Details Revealed",Roll Call,The proposed compromise bill also would make agricultural production of hemp legal in the United States by removing its designation as a drug akin to marijuana under the Controlled Substances Act.
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