Jeff Sessions may be getting his opportunity to prosecute legal cannabis production and sales.
Funding for the federal government is set to run out on Friday, unless Congress enacts a bill extending current spending levels before the midnight deadline. Also set to expire is a current rider that prevents the Department of Justice from interfering with state medical cannabis laws.
If lawmakers fail to enact an extension, the marijuana protections would disappear but, because drug enforcement agents are considered “excepted” from furloughs, the Justice Department would be newly empowered to enforce federal cannabis prohibition wherever it wants, regardless of state laws.
That means U.S. Attorney General Jeff Sessions, a longtime vocal legalization opponent, would get a legal green light to direct the Drug Enforcement Administration (DEA) and federal prosecutors crack down on medical marijuana patients and providers for the first time since he took office in February.
“All agents in DEA field organizations are excepted from furlough because they support active counternarcotics investigations,” a Justice Department shutdown contingency plan says. “DEA investigations need to continue uninterrupted so that cases are not compromised and the health and safety of the American public is not placed at risk.”
The same goes for federal prosecutors.
“As Presidential Appointees, U.S. Attorneys are not subject to furlough,” the shutdown plan says. “Excepted employees are needed to address ongoing criminal matters and civil matters of urgency throughout the Nation. Criminal litigation will continue without interruption as an excepted activity to maintain the safety of human life and the protection of property.”
The medical cannabis budget rider was first enacted into law in late 2014, and has since been extended for each subsequent fiscal year. In May, Sessions sent a letter to congressional leaders asking them not to continue the medical marijuana rider into 2018.
“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” he wrote. “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”