Last Thursday, White House Press Secretary Sean Spicer stated during a press conference that we should expect to see greater federal enforcement against recreational marijuana use and in the following days the cannabis industry had a lot to say in response. Representatives from several states, including Washington, have spoken out against potential federal enforcement, saying they will fight any attempts by the federal government to interfere with their legalized marijuana systems. We want to assure you that California is ready to fight back as well. (Though not everyone in California is on the same side; we’re looking at you San Bernardino City Council.)
The day after Secretary Spicer’s statements, California elected officials announced that they were preparing for a potential showdown in the courts and Congress to defend recreational cannabis under Proposition 64, which the state’s voters passed in November. California Attorney General Xavier Becerra said:
I took an oath to enforce the laws that California has passed. If there is action from the federal government on this subject, I will respond in an appropriate way to protect the interests of California.”
The government must not strip the legal and publicly-supported industry of its business, and hand it back to drug cartels and criminals. Dealers don’t card kids. I urge you and your administration to work in partnership with California and the other eight states that have legalized recreational marijuana for adult use in a way that will let us enforce our state laws that protect the public and our children, while targeting the bad actors. We have a shared goal of reducing crime, and the best way we can achieve that is through a tightly regulated market.”
If the federal government chooses to move forward with marijuana enforcement, we provided an idea of what that might look like based on the options the feds can pursue. Though the federal government won’t be able to force states to shut down their marijuana programs or to enforce federal law under the Constitution, they could try to coerce local law enforcement into assisting them.
However, California already has measures in place to undercut the federal government’s ability to coerce local law enforcement through proposed Assembly Bill 1578, which would prohibit state and local agencies from assisting federal agencies against California’s legal medical and recreational marijuana businesses without a court order.
Spicer’s comments did not include specifics on how the federal government would proceed, plus he does not have the authority to make these types of decisions, so we have our doubts on whether the feds will make good on his threats. in any event. And since the Trump Administration has held out medical cannabis as good and recreational/adult use cannabis as bad, what would happen were California (or any other state) to call all cannabis “medical” and to give any cannabis “patient” who fills out a free online “medical” form access to cannabis so long as they check something like “occasional pain” or “sometimes sad” or “sometimes agitated” as qualifying symptoms for medical cannabis use?
The California Bureau Medical Cannabis Regulation has expressed its intent to continue “full speed ahead” on drafting state regulations for medical and state cannabis licenses until they see a formal plan from the federal government. For now, it’s business as usual for California’s cannabis companies and license hopefuls, but if the federal government does try to interfere know that the state is behind you.