This article has been updated with additional cases, due to a change in our publishing schedule this week. Material appearing in the original version of this article is unchanged.
Arkansas legislators are trying to ban medical marijuana smoking and edibles, a new Florida bill seeks to revamp that state's medical marijuana system, and more.
On January 25,a lawmaker filed a bill to ignore the voters' will until federal law changes State Sen. Jason Rapert (R-District 18) filed a bill that would delay the voter-approved medical marijuana law until marijuana is legal under federal law. The measure is Senate Bill 238, which has been referred to the Senate Committee on Public Health, Welfare, and Labor.
Last Monday, legislators filed three more bills to restrict the voter-approved initiative. Republicans in Little Rock have filed three more bills that would tighten up the state's new law. One would ban the smoking of medical marijuana (House Bill 1400), one would ban edibles (House Bill 1392), and would require previous local zoning to be in place before licenses for dispensaries or grows are issued (House Bill 1391). HB1391 and HB1392 have been sent to Committee on House Rules while HB1400 has only been filed.
Last Monday, a bill to add PTSD as a qualifying condition advanced. The Senate State, Veterans and Military Affairs Committee unanimously approved Senate Bill 17-017. The measure would add post-traumatic stress disorder as a qualifying condition for medical marijuana. The bill is now on the Senate's "consent calendar," meaning it should move through the Senate with little debate. Then it's on to the House.
Last Wednesday,a bill to overhaul the state's restrictive medical marijuana system was filed. State Sen. Jeff Brandes (R-St. Petersburg) filed Senate Bill 614. The bill would scrap the state's existing system and replace it with a new set of rules. The move is supported by the people behind the successful Amendment 2 initiative. "Sen. Brandes' bill does an excellent job of establishing a comprehensive, tightly regulated medical marijuana system in Florida," said United For Care campaign manager Ben Pollara on Wednesday. "The two most essential pieces of implementation are maintaining the primacy of the doctor-patient relationship, and expanding the marketplace to serve patient access. SB 614 does both in a well-regulated, well thought out manner."
Last Wednesday, legislators heard testimony on adding new qualifying conditions. The House Human Services, Health, and Elderly Affairs committee heard testimony on a series of bills that would add chronic pain, opioid addiction, fibromyalgia and post-traumatic stress disorder qualifying conditions to receive medical marijuana. The bills are sponsored by Rep. Joseph Lachance (R-Manchester), a medical marijuana card holder since 2015 who says "cannabis saved my life."
On Monday, a medical marijuana bill was filed. State Rep. Eric Proctor (D-Tulsa) introduced House Bill 1877. It would allow patients suffering from a specified list of conditions to use medical marijuana without fear of arrest or other penalty as long as they comply with the rules and regulations of the envisioned medical marijuana program. Patients could grow their own or have caregivers grow it for them, and state-licensed dispensaries and grow operations would be allowed.
On January 25, lawwmakers said they were scaling back plans for a medical marijuana bill. Legislators said last Friday they were retreating from plans to expand the state's CBD-only medical marijuana law and will instead call for more research. They also said they wanted to see what the Trump administration was going to do before they moved forward with a broader medical marijuana bill.
Last Monday, a medical marijuana study bill advanced. The House Health and Human Services Committee unanimously approved House Bill 130 Monday. The measure would allow universities in the state to study medical marijuana. The bill is supported by the Utah Medical Association, which has opposed medical marijuana bills saying more study is needed. It now heads for a House floor vote.
Last Friday, a bill to allow medical marijuana use at school won a committee vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.
On Monday, a pair of medical marijuana bills were filed. State Sen. Jon Erpenbach (D-Middleton) and Rep. Chris Taylor (D-Madison) have filed a pair of bills aimed at legalizing medical marijuana in the state. The first bill, the Compassionate Cannabis Care Act, would legalize medical marijuana, while the second bill would authorize a statewide referendum allowing citizens to vote on whether they support medical marijuana. The bills are not yet available on the legislative web site.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Chronicle AM: Trump Threatens TX Lawmaker Over Forfeiture, NYC MJ Arrests Up Again, More... (2/7/17)
Donald Trump threatens the career of a Texas state senator over asset forfeiture, Chris Christie vetoes an asset forfeiture reporting bill, NYC marijuana arrests jump, Rhode Islanders are ready to legalize it, and more.
[image:1 align:right caption:true]Marijuana Policy
Rhode Island Poll: Three Out of Five Say Legalize It. A new poll from Public Policy Polling has support for marijuana legalization in the state at 59%, with only 36% opposed. The poll comes as the legislature prepares to take up legalization legislation sponsored by Sen. Joshua Miller (D-Cranston) and Rep. Thomas Slater (D-Providence). Their bill, the Cannabis Regulation, Control, and Taxation Act would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant in an enclosed, locked space. It would establish the Office of Cannabis Coordination within the executive branch, which would be charged with coordinating among state agencies to establish a tightly regulated system of licensed marijuana retail stores, cultivation facilities, processing facilities, and testing facilities. The legislation would also create a 23% excise tax on retail marijuana sales in addition to the standard 7% sales tax.
New York City Marijuana Arrests Jumped 10% Last Year. The NYPD arrested some 17,762 people for small-time pot possession last year, a 10% rise over 2015. The numbers are down from the 50,000 a year that made the city the world's pot arrest capital a decade ago, but still very high for a city in a state that decriminalized pot possession in the 1970s. While the number of arrests has varied over the years, one thing remains constant: Ethnic minorities constitute the vast majority of those arrested for pot in the city; the figure was 85% last year.
Oklahoma Medical Marijuana Bill Filed. State Rep. Eric Proctor (D-Tulsa) introduced House Bill 1877 Monday. It would allow patients suffering from a specified list of conditions to use medical marijuana without fear of arrest or other penalty as long as they comply with the rules and regulations of the envisioned medical marijuana program. Patients could grow their own or have caregivers grow it for them, and state-licensed dispensaries and grow operations would be allowed.
Wisconsin Medical Marijuana Bills Filed. State Sen. Jon Erpenbach (D-Middleton) and Rep. Chris Taylor (D-Madison) have filed a pair of bills aimed at legalizing medical marijuana in the state. The first bill, the Compassionate Cannabis Care Act, would legalize medical marijuana, while the second bill would authorize a statewide referendum allowing citizens to vote on whether they support medical marijuana. The bills are not yet available on the legislative website.
Trump Threatens to "Destroy" Career of Lawmaker Advocating Asset Forfeiture Reform. At a listening session with sheriffs from around the country, President Donald Trump invited a Texas sheriff to destroy the career of a lawmaker who is considering a bill that would require a criminal conviction before the state could seize people's assets. When Rockwall County Sheriff Harold Eavenson told Trump he was concerned about such legislative efforts, Trump was incredulous. "Can you believe that?" Trump interjected. "Who is the state senator? Do you want to give his name? We'll destroy his career," Trump volunteered.
New Jersey Governor Vetoes Asset Forfeiture Reporting Bill. Gov. Chris Christie (R) Monday vetoed a bill that would have required county and state prosecutors to publicly report on how they use civil forfeiture to seize property in criminal investigations. The measure was Senate Bill 2267, and it had unanimously passed both houses of the legislature. Christie issued a conditional veto that recommended changes to create a weaker reporting requirement that would "strike a balance between government transparency and protecting law enforcement operations and personnel."
Marijuana-related legislation is moving in several states, the HIA is suing the DEA over hemp foods, Philippines Catholic bishops speak out against drug war killings, and more.
[image:1 align:left caption:true]Marijuana Policy
Alaska On-Site Consumption Not Dead Yet. Last Wednesday, the Marijuana Control Board shot down a proposal that would have allowed for Amsterdam-style cannabis cafes, but a day later, the state's Department of Economic Development clarified in a press release that the decision didn't amount to a permanent ban on such businesses. The department encouraged marijuana businesses that want to allow on-site consumption to continue filing relevant paperwork, even though there is not yet an alternative proposal to regulate businesses allowing on-site consumption.
After Legalization, California Faces a Plethora of Pot Bills. The passage of Prop 64 appears to have left as many questions as answers, and legislators in Sacramento are working to address them with at least nine bills filed already. The proposals range from efforts to reconcile the medical marijuana and legal marijuana regulatory systems to protecting non-union workers to helping pot businesses gain access to financial services and beyond. Click on the link to see the full list of bills and accompanying discussion.
New Mexico Legalization Bill Wins House Vote. The House Consumer and Public Affairs Committee voted to allow a legalization measure, House Bill 89, to keep advancing through the House. The committee made no recommendation for or against. The bill still faces to more committee votes before it can head for a House floor vote. "This is the one thing we can do this year that will instantly inject a massive amount of money into our economy and create jobs right away," said bill sponsor Rep. Bill McCamley (D-Mesilla Park).
New York Legalization Bills Filed. A pair of identical bills to legalize marijuana for adults and allow for legal, taxed, and regulated marijuana commerce have been filed in Albany. They are Senate Bill 3040, with Sen. Liz Krueger (D-Manhattan) as primary sponsor, and Assembly Bill 3506, with Assemblymember Crystal Peoples-Stokes (D-Buffalo) as primary sponsor.
Wyoming House Votes to Cut Pot Penalties. The House voted Saturday to approve House Bill 197, which would reduce the penalty for possession of three ounces of marijuana or less. The bill now moves to the Senate.
Washington Bill to Allow Medical Marijuana Use at School Wins Committee Vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, last Friday on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.
Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs. The Hemp Industries Association (HIA) has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of "marijuana" in the federal Controlled Substances Act.
Colorado Bill Would Close Federal Asset Forfeiture Loophole in Most Situations. A bipartisan group of four senators has filed Senate Bill 136, which would require state law enforcement to comply with extensive reporting requirements, but would also prohibit them from entering into agreements to transfer seized property to the federal government unless it amounts to more than $100,000. Law enforcement agencies use federal sharing programs to get around state laws aimed at reining in asset forfeiture procedures. The bill is now before the Senate Judiciary Committee.
Colorado Companies Shedding Marijuana Drug Tests. The Associated Press is reporting that in the past two years, seven percent of Colorado companies have dropped marijuana from pre-employment drug tests. Would you test someone for alcohol or something like that I mean it's legal like alcohol is. Why would you test someone for marijuana especially if it's legal?" said one small business owner.
Rhode Island Random Welfare Drug Testing Bill Filed. State Sen. Elaine Morgan last Thursday filed a bill that would allow the Department of Human Services to conduct random, suspicionless drug tests on welfare recipients. The bill heads to the Senate Judiciary Committee. It has yet to appear on the legislative website.
Israeli Ministers Endorse Bill to Allow Medical Marijuana Exports. The Ministerial Committee on Legislation has endorsed a draft bill to allow the export of medical marijuana. That means the measure will now move forward as a government bill.
Tel Aviv Marijuana Legalization Demonstration Draws Thousands. As the Knesset and the Israeli cabinet ponder marijuana decriminalization, thousands of Israelis gathered in Tel Aviv Saturday night to call for full legalization. At least two Knesset members, Likud's Sharren Haskel and Meretz's Tamar Zandberg, were present.
Philippines Catholic Bishops Issue Pastoral Statement Condemning Drug War Killings. The Catholic Bishops Conference of the Philippines issued a pastoral statement Sunday expressing opposition to President Rodrigo Duterte's campaign of killings of drug users and sellers. The bishops called on Filipinos to follow the basic teaching of the Church. The full text of the statement is available at the link.
Regulators and legislators continue to mess with the will of the voters when it comes to implementing marijuana initiatives, the Philippines' president makes more bloody-minded threats, and more.
[image:1 align:right caption:true]Marijuana Policy
Alaska Just Says No to On-Site Pot Consumption. State regulators have rejected a proposal to allow marijuana stores to have areas where customers can consume their products on-site. Alcohol and Marijuana Control Office acting Director Sara Chambers said public notice for the proposal was not done properly, but instead of re-advertising the proposal for another 30 days, the Marijuana Control Board voted to kill it on a 3-2 vote.
North Dakota House Rejects Marijuana Legalization Study. A measure that would have authorized a study of marijuana legalization and taxation was killed in the House Thursday. The bill had passed out of committee with no opposition testimony. The legislature killed a similar proposal two years ago. "If we had undertaken that study we might have been more proactively prepared to deal with the issues arising from the recent initiated measure," said Rep. Mary Schneider (D-Fargo). "This is a second chance to get it right. There was no opposition testimony and the committee urges a green, as in grass, vote."
Arkansas Regulators Continue Working Despite Threat of Legislative Meddling. The Medical Marijuana Commission met again Wednesday, but members spent much of the time discussing what they would do if a pending bill that would ban dispensaries from growing their own crops passes. That's only one of a number of bills filed aimed at tinkering with the voter-approved law. Among other actions, the commission agreed to require hefty performance and surety bonds for dispensaries that grow their own medicine.
North Dakota Activists Scold Legislature for Messing With Medical Marijuana Initiative. Medical marijuana supporters are denouncing legislative efforts to rewrite their voter-approved initiative and replace it with an 81-page lawmaker-drafted law. The proposed law, Senate Bill 2344, is set for a hearing in the Joint Health and Services Committee next Wednesday. The bill would create a $300 fee for patients seeking medical marijuana cards and a $100,000 fee for dispensaries that grow medical marijuana. The measure also pares back the amount of medicine patients can possess and would eliminate smoking or vaping it. "It's a punch in the gut to the patients of North Dakota, and a slap in the face to the voters of North Dakota," said Rilie Ray Morgan of Fargo, one of the sponsors of the initiative.
Philippines President Out for More Blood, Vows More Killings. Just a day after he suspended police participation in his murderous war on drugs after the killing of a South Korean businessman in a police station opened a window on corruption in the National Police, Philippines President Rodrigo Duterte is calling on the military to join the campaign, and vowing to kill more people. "You bleed for those sons of a bitches. How many? Three thousand? I will kill more if only to get rid of drugs." The actual number of people killed in Duterte's drug war is more than 7,000; he was taking credit only for the ones officially attributed to police. The rest are blamed on "vigilantes."
The Senate Judiciary Commitee has approved the nomination of Sen. Jeff Sessions to be attorney general, a legalization bill pops up in Wyoming, a Florida bill that would fix the state's medical marijuana system has the support of the folks behind the constitutional amendment, and more.
[image:1 align:left caption:true]Marijuana Policy
Wyoming Bill to Put Legalization to Popular Vote Filed. State Reps. James Byrd (D-Cheyenne) and Mark Baker (R-Rock Springs) have filed House Joint Resolution 11, which would allow the state's residents to vote on a constitutional amendment legalizing marijuana. The measure envisions legalizing up to three ounces and six plants, three of which can be mature. The bill's prospects are dim; the legislature has already defeated a decriminalization bill this year and is currently fighting over how much jail time pot possessors should face.
Florida Bill Would Overhaul State's Medical Marijuana Laws. State Sen. Jeff Brandes (R-St. Petersburg) filed Senate Bill 614 Wednesday. The bill would scrap the state's existing system and replace it with a new set of rules. The move is supported by the people behind the successful Amendment 2 initiative. "Sen. Brandes' bill does an excellent job of establishing a comprehensive, tightly regulated medical marijuana system in Florida," said United For Care campaign manager Ben Pollara on Wednesday. "The two most essential pieces of implementation are maintaining the primacy of the doctor-patient relationship, and expanding the marketplace to serve patient access. SB 614 does both in a well-regulated, well thought out manner."
Kansas Legislature Punts on Asset Forfeiture. The House Judiciary Committee voted Wednesday to set aside five bills dealing with asset forfeiture issues until it could get input from an advisory committee. The bills have been referred to the Kansas Judicial Council, which Committee Chairman Blaine Finch said may "possibly draft legislation," but probably not this year.
Iowa Workplace Hair Drug Testing Bill Passes Senate. A bill that would allow employers to conduct drug tests using hair samples passed the Senate 35-15 on Wednesday. Employers can already conduct drug tests using blood, urine, or saliva, but the hair tests can indicate drug use months in the past.
The Senate Judiciary Committee Thursday approved the nomination of Sen. Jeff Session (R-AL) to be attorney general on a party line vote of 11-9. The nomination now goes before the full Senate.
Chronicle AM: AR Lawmakers Meddle With MedMJ, Major Reform Package Rolled Out in MD, More... (2/1/17)
Technical issues stopped us from publishing yesterday, but the news didn't stop. Here's a couple days worth of mainly, but not entirely, marijuana policy news.
[image:1 align:right caption:true]Marijuana Policy
District Attorneys Form Marijuana Policy Group. The National District Attorneys Association has formed a working group of 14 prosecutors from across the country to arrive at policy positions on marijuana. The association "formed an internal working group made up of prosecutors from around the country to develop association policy on the subject of marijuana," said NDAA political director Nelson Bunn. "Contrary to other reporting, the working group is not affiliated with any other organization or entity, including the incoming administration."
Tennessee GOP Lawmaker Files Bill to Overturn Memphis, Nashville Pot Laws. The state's two largest cities have moved toward partial decriminalization of marijuana possession, passing laws last fall allowing police discretion to hand out civil violations for small-time offenders, and now a key state legislator is striking back. House Criminal Justice Committee Chairman William Lamberth (R-Cottontown) filed House Bill 173 Monday. It would repeal any local law that is inconsistent with penalties outlined in the state's drug laws. It would also prevent local governments from acting like Memphis and Nashville in the future. Democrats Rep. Harold Love and Sen. Jeff Yarbro, both of Nashville, respond by announcing plans to file a bill that would make possession a Class C misdemeanor punishable by a fine of $50 or less.
Vermont Bill Would Legalize Marijuana, But Not Sales. A bipartisan group of lawmakers has filed House Bill 170, which would allow adults to possess up to two ounces of marijuana and grow up to two mature and seven immature pot plants. The bill does not contain provisions allowing for marijuana commerce, or its taxation. Similar to the initiative passed in Washington, DC, the bill would be "decrim 2.0," said cosponsor Rep. Maxine Grad (D-Moretown).
Wyoming House Panel Rejects Decrim, But Approves Adjusting Pot Penalties. The House Judiciary Committee voted Tuesday to reject decriminalization, but approve House Bill 197, which would create a tiered system of penalties for pot possession. Under the bill, first time possession of up to three ounces (or eight ounces of edibles) would face up to 20 days in jail, a second offense would garner up to six months, a third offense would earn up to two years in jail, and a fourth offense would be a felony punishable by up to five years in prison. There would be a 10-year limit on counting previous convictions. The bill now goes to the House floor.
San Diego Okays Pot Shops. California's second largest city has given the green light to marijuana businesses. The city council voted unanimously Tuesday night to allow sales at 15 dispensaries already approved to sell medical marijuana, as well as opening up the possibility it will allow grows, testing facilities, and testing labs. The council will take up those issues later.
Arkansas Legislators File Three More Bills Ban to Amend Voter-Approved Initiative. Republicans in Little Rock have filed three more bills that would tighten up the state's new law. One would ban the smoking of medical marijuana (House Bill 1400), one would ban edibles (House Bill 1392), and would require previous local zoning to be in place before licenses for dispensaries or grows are issued (House Bill 1391). HB1391 and HB1392 have been sent to Committee on House Rules while HB1400 has only been filed.
Colorado Bill to Add PTSD as Qualifying Condition Moves. The Senate State, Veterans and Military Affairs Committee unanimously approved Senate Bill 17-017 Monday. The measure would add post-traumatic stress disorder as a qualifying condition for medical marijuana. The bill is now on the Senate's "consent calendar," meaning it should move through the Senate with little debate. Then it's on to the House.
Utah Medical Marijuana University Study Bill Advances. The House Health and Human Services Committee unanimously approved House Bill 130 Monday. The measure would allow universities in the state to study medical marijuana. The bill is supported by the Utah Medical Association, which has opposed medical marijuana bills saying more study is needed. It now heads for a House floor vote.
Groundbreaking Drug Policy Bill Package Reintroduced in Maryland. Delegate Dan Morhaim, M.D., has introduced three bills to transform drug policy in the state. This legislative package, with multiple cosponsors from across Maryland, would reduce the harms associated with substance abuse disorders, costs to the general public, and incarceration rates. H.B. 515 requires specified hospitals to establish a substance use treatment program, H.B. 488 removes criminal penalties for low-level, non-violent drug offenses under certain minimal threshold limits, and H.B. 519 permits the establishment of safe consumption programs which allow individuals to consume controlled substances in a safe space.
New York Bill to Require Drug Testing Kids of Busted Parents Passes Senate. The state Senate passed "Kayleigh Mae's Law" (Senate Bill 137), which would require child protective services to investigate and drug test children under three who were present during a parent's drug arrest. The bill is named after Kayleigh Mae Cassell, who died of a drug overdose at age 13 months after her mother and mother's boyfriend were arrested and pleaded guilty to drug crimes. A companion measure, Assembly Bill 3900, has yet to move.
Philippines Police Suspend Drug War to Clean Up Corrupt Drug Cops, Government Says. National Police Chief Ronald de la Rosa said Monday that the country's brutal crackdown was suspended and police anti-drug units were being dissolved in the wake of a scandal around the murder of a South Korean businessman inside police headquarters at the hands of anti-drug police. More than 7,000 people have been killed in the six months since President Rodrigo Duterte's crackdown began. De la Rosa said a temporary halt had been ordered by Duterte. News reports have not yet independently verified whether the killings have stopped or not.
This article was produced in collaboration with AlterNet and first appeared here.
Where does Donald Trump's pick for the Supreme Court come down on weed? The record is pretty sparse.
[image:1 align:left]Neil Gorsuch hasn't made any known public pronouncements about marijuana policy, and despite his tenure on the 10th US Circuit Court of Appeals in Denver, he hasn't ruled in any cases that directly take up the issue.
But he has ruled on some marijuana cases, and he didn't go out of his way to support freeing the weed in them. And there's at least one marijuana-related case he's ruled on that demonstrates a disquieting deference to law enforcement.
In Feinberg et al. v. IRS, Gorsuch ruled against a Colorado dispensary that sought not to report data about its operation to the IRS because marijuana remains illegal under federal law and it feared incriminating itself. But in passing, he offered some commentary on the legal weirdness of state-legal but federally illegal marijuana commerce.
"This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. Officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress's statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug laws. So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will."
And he marveled at the federal government's contortions as it sought to accommodate commerce in a substance it considers illegal.
"Yes, the Fifth Amendment normally shields individuals from having to admit to criminal activity. But, the IRS argued, because DOJ's memoranda generally instruct federal prosecutors not to prosecute cases like this one the petitioners should be forced to divulge the requested information anyway. So it is the government simultaneously urged the court to take seriously its claim that the petitioners are violating federal criminal law and to discount the possibility that it would enforce federal criminal law."
Gorsuch also pointedly noted the provisional nature of the Obama administration's decision to work with -- instead of against -- the states experimenting with marijuana legalization.
"It's not clear whether informal agency memoranda guiding the exercise of prosecutorial discretion by field prosecutors may lawfully go quite so far in displacing Congress's policy directives as these memoranda seek to do. There's always the possibility, too, that the next... Deputy Attorney General could displace these memoranda at anytime."
This is, of course, something of which the marijuana industry and legalization advocates are painfully aware and explains much of the movement's agonizing over the nomination of pot foe Sen. Jeff Sessions (R-AL). A single signature on a new policy memorandum at the Justice Department could throw the industry into chaos.
As Tom Angell notes at the MassRoots blog, Gorsuch ruled in a 2010 case, US v. Daniel and Mary Quaintance, that a couple charged with federal marijuana distribution offenses couldn't use the Religious Freedom Restoration Act as a defense because their claims weren't sincere.
"Numerous pieces of evidence in this case strongly suggest that the [couple's] marijuana dealings were motivated by commercial or secular motives rather than sincere religious conviction... "The record contains additional, overwhelming contrary evidence that the [couple was] running a commercial marijuana business with a religious front."
In other words, if you're trying to run a real marijuana ministry, don't be selling weed.
But it's a 2013 case, Family of Ryan Wilson v. City of Lafeyette and Taser International , that raises disturbing implications that go beyond marijuana policy into the broader realm of police use of force. In that case, Gorsuch held that a police officer's fatal tazing of Wilson, who was fleeing a marijuana arrest, was "reasonable."
"[T]he illegal processing and manufacturing of marijuana may not be inherently violent crimes but, outside the medical marijuana context, they were felonies under Colorado law at the time of the incident... And Officer Harris testified, without rebuttal, that he had been trained that people who grow marijuana illegally tend to be armed and ready to use force to protect themselves and their unlawful investments."
As Angell noted, that ruling in particular had the National Urban League tweeting its concern and calling for close scrutiny of Gorsuch's record within hours of Trump's announcement of his selection.
Overall, Gorsuch hasn't provided a whole lot of hints about how he might rule on cases revolving around the conflict between state and federal marijuana, although he has shown he's aware of it. Any members of the Senate Judiciary Committee representing states where medical or recreational marijuana commerce is legal might want to be asking for some clarification when his confirmation hearings come around.