Pot Reformers Aren't Afraid of Loretta Lynch
From: USNews.com
The attorney general nominee says she opposes legalization, but pot advocates don’t see her as a threat.
Loretta Lynch looks past President Barack Obama during his announcement
in November that he would nominate her to be attorney general. Lynch's
comments during her confirmation hearing opposing marijuana legalization
have activists on both sides of the issue wondering whether a policy
change would come if she is confirmed.
The U.S. attorney general could decide tomorrow to begin a legal
assault on state-regulated marijuana sales, and federal judges likely
would rule in the Justice Department's favor.
But reform advocates
aren’t afraid attorney general nominee Loretta Lynch would do that,
even if she personally opposes pot legalization.
Lynch said she opposes legal sales of marijuana Wednesday during a
Senate confirmation hearing in which she also said she disagrees with
President Barack Obama about the harmfulness of the drug.
Obama told
The New Yorker last year drinking alcohol is more dangerous than
smoking pot, and he said “it’s important" for voter-approved
legalization to proceed in Colorado and Washington state.
Lynch, a
federal prosecutor based in New York, said, “I certainly don’t hold
that view and don’t agree with that view of marijuana. I certainly think
the president was speaking from his personal experience and personal
opinion, neither of which I’m able to share.”
Continuing, she
said, “I can tell you that not only do I not support the legalization of
marijuana, it is not the position of the Department of Justice
currently to support the legalization. Nor would it be the position
should I become confirmed as attorney general.”
Though seemingly entrenched and broadly supported, state marijuana
regulations are legally fragile, as possession of the drug for any
reason – outside limited research – remains a federal crime.
Outgoing Attorney General Eric Holder has allowed states to regulate and tax sales of pot for recreational use, saying
in 2013 states could proceed so long as certain enforcement priorities
weren't affected. But future attorneys general conceivably could bring
legal sales to a screeching halt.
Lynch did not commit to changing
existing department policies, but Sen. Jeff Sessions, R-Ala.,
appreciated the candid response and told her, “I hope that you will
cease to be silent."
At the same hearing, Lynch carefully responded to questions from Sen.
Lindsey Graham, R-S.C., saying it “certainly would be my policy if
confirmed as attorney general to continue enforcing the marijuana laws,”
with a focus on violations of enforcement priorities already outlined
by the department, such as marijuana being transported from states that
allow recreational use to those that do not.
Anti-legalization activists were tickled to learn of a potentially powerful ally.
"We
are breathing a sigh of relief," Kevin Sabet, president of the
anti-legalization group Smart Approaches to Marijuana, said in an email
blast. "Ms. Lynch is a knowledgeable, experienced, justice-minded
individual, and for her to come out so adamantly against legalization is
extremely encouraging. It will give our efforts a shot in the arm."
Lynch’s disagreement with Obama on marijuana in some ways mirrors
disagreement expressed by Drug Enforcement Administrator Michele
Leonhart. Pro-legalization reformers who demanded the ouster of Leonhart for insubordination, however, aren’t particularly alarmed by Lynch’s comments.
“We can only hope she was telling some lawmakers what they need to hear
in order to get through the confirmation process,” says Mason Tvert, a
spokesman for the Marijuana Policy Project.
“It would be shocking if she is actually unaware that marijuana is far
less harmful than alcohol,” Tvert says. “The CDC attributes tens of
thousands of deaths each year to alcohol use alone, including hundreds
from overdose, whereas no deaths are attributed solely to marijuana use
and there’s never been a fatal overdose.”
Tom Angell, chairman of the group Marijuana Majority, is likewise far from panic.
"We don't need federal officials to personally support legalization,” he
says. “We only need them to respect the will of voters who have
implemented legalization in their own states.”
Angell says he heard in Lynch’s testimony a willingness to respect state
marijuana laws. “As long as they don't spend resources trying to
overturn those duly-enacted laws, I'm much less concerned about the
personal views of Justice Department personnel,” he says.
There was similarly muted reaction from congressional leaders who favor marijuana reform.
Rep. Dana Rohrabacher, R-Calif., declined to take a whack at Lynch,
merely responding to her comments in an emailed statement by saying
"there are dangers in consuming marijuana, alcohol and soda pop," and
that it's his opinion the cost of regulating people's choices "far
outweighs the benefits."
Alaska and Oregon residents voted to
legalize marijuana in November, as did residents of the District of
Columbia, though Republicans in Congress likely will block the opening
of stores there. The Department of Justice said in December
that American Indian tribes also can legalize marijuana, and several are considering doing so.
Read Here: http://www.usnews.com/news/articles/2015/01/29/loretta-lynch-pot-legalization-marijuana-reform