The world of cannabis has been abuzz since November with anxiety over what a Trump administration could mean for the industry and the future of state- and federal-level cannabis reforms. This was only made worse by the nomination of notoriously anti-marijuana senator Jeff Sessions as Attorney General. Following his party-line approval by the Senate Judiciary Committee yesterday, Sessions is likely to be confirmed by the full Senate by a similar vote in short order. Though hope springs eternal, some in the cannabis industry are bracing for the worst and looking for ways to ensure the rapidly growing industry’s does not go to pot (pun intended) under Trump.
One recent source of optimism is last week’s announcement that Boulder County, Colorado, District Attorney Stan Garnett will be part of a group of prosecutors advising the Trump administration on marijuana policy. The group – comprised of 14 district attorneys, including some from weed-friendly states California and Oregon – is part of the National District Attorneys Association, a prosecutor and criminal justice policy think tank. Advocates for relaxed marijuana laws hope Garnett’s appointment foreshadows a group that will be a voice of reason to the administration and a force against rolling back marijuana reforms in legal states.
Yet it remains unclear exactly what role the NDAA group will play in advising the administration and how its cannabis agenda will take shape. After all, in discussing his selection, Garnett (who is also Colorado’s NDAA state director) remarked that he “always end[s] up on the more liberal position than anyone else, particularly on marijuana.” This observation is borne out by a report entitled “Policy Positions on Control and Enforcement” adopted by NDAA in 2005. Though dated, it reflects NDAA’s most recent official positions on cannabis reforms – and it is not a pretty picture.
In the report, NDAA states that it “opposes the legalization of illicit substances” and notes that it “specifically opposed” California’s 1996 legalization of medical marijuana. It goes on to state that NDAA “opposes the opposition of any state legislation or adoption of voter initiative that legitimizes and legalizes the ‘medicinal use’ of marijuana.” NDAA also alleges in the report that the cannabis reform movement’s “strategy is to legalize all illicit drugs” using “the sick and dying as pawns” and “myths” that cannabis is not harmful, among other claims. One might assume that the NDAA’s position likely evolved in the intervening years, but, according to Garnett, the group’s first meeting saw some prosecutors urge that the governor of every medical and recreational cannabis state be sent a letter demanding closure of all cannabis businesses in 90 days. Garnett, to his credit, “was not shy” about denouncing the idea, but one must wonder how much one or even a small contingent of forward-thinking committee members can affect institutional policy.
Let’s face it people, prosecutors are not generally friendly to cannabis.
It also appears the group’s role and influence in the Trump administration has been overhyped. As reported by Leafly, the Director of Policy and Government affairs at NDAA said in a statement that “[c]ontrary to other reporting, the working group is not affiliated with any other organization or entity, including the incoming administration.” So do not get your hopes up that some pro-cannabis Justice League of prosecutors is about to save the day if Sessions decides to crack down on weed.
It is undoubtedly a positive development that Garnett and other pro-cannabis reform prosecutors are in a position to help shape an important trade group’s position on marijuana. But, industry stakeholders and advocates should temper their expectations for the impact and direction of the NDAA taskforce.
Like pretty much everything else related to cannabis and the Trump administration, the safest stance is probably wait and see.