Replies to post #1465 on Cannabis U.S. Companies

[JohnCM]

There are a few key differences between immigration sanctuary policy and marijuana sanctuary policy. One of them has to do with the way that oversight over each issue has traditionally been delineated. “There has always been a debate in marijuana about whether the federal government has the power to regulate [it], especially if it doesn’t cross state lines,” said Su. “On the other hand, the Supreme Court has been very clear that immigration is a federal-government issue. When it comes to immigration, there is a sense that not only can the federal government regulate it, but states and localities should not at all. Whereas with marijuana, the court has not said that.”

Another difference, Su said, is how much the Trump administration actually cares about the respective issues. “My sense is that the politics behind marijuana are very different from immigration,” he said. “Within the Trump administration, [immigration] is their base, their bread and butter right now. With marijuana, other than Sessions’ moral crusade, it’s not getting a lot of support from the establishment or the president.”

Connolly, the representative who introduced the “sanctuary” bill, isn’t sure about the likelihood of its passing, and admitted that it was brought forward relatively late in the legislative calendar. He said the need for such legislation will be more urgent if local law enforcement starts to cooperate with federal pot crackdowns (there are no examples of that happening yet). But even if the bill doesn’t go through, he hopes it will be a clear sign to the federal government about the way his state feels about Sessions’ agenda. “My hope—and a lot of people’s hope,” he said, “is through these different statements, we’re sending a message that this change of policy isn’t welcome.”

“Through these different statements, we’re sending a message that this change of policy isn’t welcome.”
Massachusetts isn’t the only state to have considered marijuana sanctuary policies. In June, California passed a similar measure through its assembly before the bill ultimately stalled in the state senate. California Assemblyman Reggie Jones-Sawyer has recently decided to reintroduce the bill, prompted, like Connolly, by the DOJ’s recent actions.

So far, the Massachusetts bill is largely symbolic. There won’t be a pressing need for it until the federal government starts aggressively targeting marijuana, or until local municipalities start teaming up with federal agencies to thwart the state’s legalization policy—actions that are unlikely to happen, according to Su, given the Trump administration’s overall ambivalence on the issue. But even if a sanctuary bill about marijuana is little more than a statement, states may push for one, deciding that they want their opinions heard loud and clear. Su pointed out that attorney generals in each state are less likely to prosecute marijuana-related crimes if they think being punitive on pot will go over badly with the people.

Rose, of the ACLU, said that many states, such as Washington, Nevada, Oregon, and California, “made the decision that criminalizing marijuana is a smokescreen for prosecuting people of color at disparate rates, and undermines public safety.” (According to the ACLU, black Americans are 3.7 times more likely to be arrested for marijuana possession than whites, although both groups use the drug at roughly the same rate.)

“The fact that Jeff Sessions doesn’t like it is not adequate reasoning to step down,” Rose said. “I do think we’re going to see states standing up to reflect the will of the people.”