“There could be some sort of federal action against some adult use facility or grower or cultivation company whose product is found to have gone across state lines in quantity, or something like that,” CANORML’s Gieringer offered. “Like if you have a situation where Nebraska complains, maybe that could stir up pressure in the Justice Department. But that’s the most I expect. I could be wrong, though.
“Since Colorado started its licensing program, there’s always been a fear that the Justice Department would just bring a lawsuit saying the state is participating in an on-going conspiracy to distribute a Schedule I drug,” Gieringer observed. “They had their chance and they didn’t do it. If they tried it now, they will have taken away hundreds of millions of dollars from Colorado and potentially billions from other states and leave anarchy. They can’t enforce the marijuana laws anyway; it’s a drain on federal resources to even try.”
“A federal injection is a potential threat, but it was a potential threat six months ago, too,” said MPP’s Tvert. “It’s still a question of resources. If that were to happen, marijuana would continue to be legal, but the federal government would be preventing states from controlling its production and sale. That would be a real serious problem.”
But Tvert warned that the heavy hand of the federal government could still reach out and slap someone down.
“Sean Spicer said they would have greater enforcement, and that could mean anything,” he said. “They could be planning to more rigorously enforce the laws against people not in compliance with state laws, there could be more enforcement against illegal actors, they could push states to strengthen their regulations to prevent interstate trafficking. They perhaps could encourage states to increase funding to law enforcement to investigate illegal activity. There is plenty they could do without interfering with the legal market.”
The Fightback Against Rollback Will Only Grow Stronger
The advent of a potential hostile Trump administration isn’t changing the way NORML does business, Strekal said.
“We’re continuing to do what we’ve always done and act as a grassroots consumer advocacy group,” he explained. “We have 150 chapters and we’re engaging as an advocacy group at every level of government from city councils to state legislatures to the federal government. At the federal level, we’re very encouraged by the formation of the congressional cannabis caucus. We’ve been working with them to host a few events.”
“This moment in time, where there is a lot of uncertainty at the federal level, is the kind of moment the NCIA was created for,” said West. “We’ve been building relationships and allies in D.C. around industry issues, so when we need those allies, we have them.
Like MPP, the NCIA has a full-time staff lobbyist in Washington. It also works with another D.C.-based lobbying firm to work the Hill, and with legislators and elected officials.
“You’ve been able to see, through our work and the work of others, a very strong pushback from people who previously wouldn’t have been in favor of the marijuana industry,” West said. “The federal government can try to enforce marijuana prohibition in states where it is legal, but it doesn’t really have the personnel to do that without the full cooperation of state and local law enforcement. If states are resisting that crackdown, which elected officials have said they would do, it becomes very difficult, if not impossible.”
Legal marijuana is on guard, but it’s not running away from a fight. The question for the Trump administration becomes whether this is a fight worth fighting.