Pallone to Sessions: Let the People of NJ Decide Path Forward on Marijuana Legalization

Washington, DC – Today, Congressmen Frank Pallone, Jr. (NJ-06) sent a letter to Attorney General Jeff Sessions asking that the Justice Department allow the people of New Jersey to choose its path forward on marijuana legalization. On January 4^th, Attorney General Jeff Sessions issued a memo rescinding guidance given during the Obama administration which shifted strict enforcement of federal cannabis prohibition toward a more accommodating approach for jurisdictions that have enacted laws legalizing marijuana. In November, Phil Murphy was elected Governor of New Jersey, after making marijuana legalization part of his platform.

“Residents of states like Colorado, California, Oregon, and others that have moved to legalize marijuana should have the peace of mind to know that they can engage in legal intrastate commerce without the threat of federal enforcement actions,” said Pallone. “In New Jersey, a majority of voters strongly support a campaign proposal by Governor Phil Murphy to legalize possession of small amounts of marijuana for personal use. New Jerseyans understand the important implications legalizing marijuana would have for our state.”

January 23, 2018

The Honorable Jeff Sessions

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Attorney General Sessions:

I write to urge the Department of Justice to retract the memorandum it released on January 4 regarding federal cannabis enforcement policies. The memorandum rescinded previous guidance documents that were issued by former U.S. Deputy Attorney General James M. Cole on August 29, 2013, colloquially known as the “Cole Memo,” which shifted strict enforcement of federal cannabis prohibition toward a more accommodating approach for “jurisdictions that have enacted laws legalizing marijuana in some form and that have also implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale and possession of marijuana.” The Justice Department must provide clear direction that balances rule of law with the overwhelming support for legalized marijuana in the 30 states and territories that have moved in that direction.

Rescinding the Cole Memo would once again apply federal law to the sale, purchase, and possession of marijuana that occurs entirely within the boundaries of states that have legalized such commerce, undermining the Tenth Amendment rights of the American people. Residents of states like Colorado, California, Oregon, and others that have moved to legalize marijuana should have the peace of mind to know that they can engage in legal intrastate commerce without the threat of federal enforcement actions.  In the words of President Trump on October 29, 2015, “In terms of marijuana and legalization, I think that should be a state issue, state-by-state.”

In New Jersey, a majority of voters strongly support a campaign proposal by Governor Phil Murphy to legalize possession of small amounts of marijuana for personal use. New Jerseyans understand the important implications legalizing marijuana would have for our state. For instance, they understand that the inclusion of marijuana in the Controlled Substance Act of 1970 and the subsequent “war on drugs” that began under President Richard Nixon have disproportionately impacted impoverished communities and communities of color. Reinstating the failed policies of the past is not the way forward.

The implications of the Justice Department’s January 4 decision on the independent rights of states are clear. I urge you to reverse this decision and to uphold the Cole Memo, which would allow states and territories to enforce their own marijuana laws without unnecessary federal interference.

Sincerely,

FRANK PALLONE, JR.

Member of Congress