Colorado Politics

Colorado delegation considers options for opposing federal marijuana policy

WASHINGTON – Some members of Colorado’s delegation to Congress decided Tuesday to back a bill that could prevent federal prosecutors from interfering with state laws legalizing marijuana.

They met to discuss options after the Justice Department announced it would prosecute anyone who violates the 1970 Controlled Substances Act, regardless of whether it contradicts state laws.

The act prohibits the manufacture, importation, possession, use and distribution of controlled drugs. Marijuana is listed under the law as an illegal controlled substance that can incur felony charges for possession or sale.

Colorado legalized medical marijuana and some recreational uses and sales in 2014.

The announcement last week from U.S. Attorney General Jeff Sessions that marijuana offenses would be prosecuted drew sharp criticism from both Colorado’s Republican and Democratic members of Congress.

It also prompted Rep. Diana DeGette, the senior member of the delegation, to call her fellow Colorado lawmakers to the meeting Tuesday.

“There was broad agreement among delegation members that they should try on a bicameral basis to move forward with Rep. DeGette’s bill to ensure that the federal government does not preempt state laws on marijuana,” Lynne Weil, DeGette’s spokesperson, said after the meeting. “The bill clarifies congressional intent and provides guidance for courts.”

She was referring to the Respect States’ and Citizens’ Rights Act of 2017, which DeGette, D-Denver, introduced in Congress last May. It has not yet been voted on.

In essence, the bill would block federal prosecutors from overriding state laws allowing pot use.

Part of DeGette’s bill is likely to become unnecessary within days as Congress prepares to vote on sweeping government funding legislation. It includes a rider called the Rohrabacher-Blumenauer Amendment that prevents criminal prosecutions against marijuana users in the 29 states and District of Columbia that legalized it.

Congress has approved the Rohrabacher-Blumenauer Amendment every year since 2014. Lawmakers have indicated they plan to renew it again before it expires Jan. 19.

However, the rider does not prevent prosecutions against medical marijuana use without a prescription. It also would not limit prosecutions for recreational use of marijuana.

DeGette’s bill goes further. It would rule out all federal prosecutions that could conflict with state law, even against recreational users.

The new Justice Department policy leaves prosecution of pot offenses to the discretion of U.S. attorneys. The U.S. attorney for Colorado said he would not change his plan of action.

The Justice Department originally announced it would take a hands-off approach on marijuana prosecutions during the Obama administration.

The new policy Sessions announced last week appears to conflict with popular opinion. A Gallup Poll last year showed 64 percent of Americans favor legalizing marijuana.

 
David Zalubowski

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