Skip to main content

‘Sessions’

Recapping 3 Notable Federal Developments Affecting Marijuana Law in 2018

Aug. 2, 2018—The title of this post was the focus of my remarks on a panel at the 2018 National Conference of State Legislatures (NCSL) annual summit in Los Angeles, held at the end of July. The panel drew a packed room, attesting to state lawmakers’ interest in marijuana law and policy. You can watch the full...

Read more


DOJ Suit Challenging California Sanctuary Laws Could Have Ramifications for State Marijuana Reforms as Well

Mar. 8, 2018—On March 6 the Department of Justice (DOJ) filed a lawsuit challenging California’s sanctuary state policies as preempted. Those sanctuary policies are designed to mitigate state concerns over the enforcement of federal immigration laws. The DOJ’s Brief in Support of its Motion for a Preliminary Injunction provides a useful summary of the challenged state laws...

Read more


Jeff Sessions Rescinds Obama-Era Enforcement Guidance: Five Observations

Jan. 5, 2018—[Post has been updated and revised again to add new links: Jan. 12, 2018] On January 4, 2018, Attorney General Jeff Sessions formally rescinded enforcement guidance that had been issued by the Obama Administration DOJ as far back as 2009. To simplify somewhat, that guidance had urged United States Attorneys not to enforce the federal...

Read more


Coverage of DOJ’s Response to Legalization

Aug. 17, 2017—The Cannabist has compiled a wonderful collection of primary documents detailing the back-and-forth between the governors of the first four recreational legalization states (Alaska, Colorado, Oregon, and Washington) and the U.S. Attorney General, Jeff Sessions. The documents include: April 2017 letters from state leaders imploring Sessions to adhere to the Obama Administration’s non-enforcement policy. That...

Read more


Could the States Do Anything to Blunt the Impact of a Federal Crackdown?

Aug. 9, 2017—I just returned from the NCSL annual meeting in Boston, where I participated on a Marijuana Federalism panel with Representative Roger Goodman (WA state house) and John Hudak (Brookings). A short recap of the panel can be found here . Consistent with recent reports, all the panelists agreed the Trump Administration is unlikely to crack...

Read more