The U.S. attorney general nominated by President Joe Biden stated in a written statement that the Department of Justice wouldn’t be using its resources to prosecute individuals who were in compliance with state cannabis laws.
Judge Merrick Garland explained that the government should focus on extensive criminal enterprises that do not comply with the state’s marijuana legalization laws rather than pursuing individuals who were complying with the local marijuana policies.
When asked about by Ranking Member Chuck Grassley how he would handle the federal-state cannabis policy conflict, Garlande remarked that it would not be best to utilize the department’s limited resources to pursue prosecutions of individuals who were abiding by the laws in states that have legalized cannabis and are effectively regulating it. Instead, he continued, the focus should be placed on ensuring that minors were prohibited from accessing marijuana and that no attempts were made by criminal enterprises to try and evade state laws.
Garland’s views on the matter correspond to policies known as the Cole memorandum, which was introduced under the Obama administration. The memorandum was, however, repealed by Jeff Sessions, former President Trump’s first attorney general, under the Trump administration.
When asked about whether he supported efforts to legalize or decriminalize marijuana, the attorney general nominee chose to give an answer that centered on the harms of the draconian policies in effect. Garland said in his statement that criminalizing the use of cannabis had contributed to the racial disparities in the criminal justice system and led to the mass incarceration of many individuals in the country. He added that this had made it even harder for millions of Americans to get employed, because of their criminal records for nonviolent offenses.
Marijuana policy reform advocates were pleased that the attorney general nominee gave his views about respecting state cannabis laws in writing.
NORML’s political director Justin Strekal stated in an interview that the responses Garland gave showed that he did not intend to impede the progress that had been made in the consumer access of marijuana or marijuana regulation. NORML is a not-for-profit organization that advocates for the reform of cannabis laws.
Garland was also asked about the role the Justice Department would play in the decriminalization, legalization and the recreational use of cannabis. He responded by stating that, first that, historically speaking, the Department of Justice had not assigned resources to be used to prosecute persons for simple possession of cannabis; he then reiterated his point on the department’s priorities.
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