New York Post
Following California’s legalization of marijuana for recreational use, Attorney General Jeff Sessions struck back with a memo restoring the prosecutorial status quo ante Obama, theoretically opening the door to more aggressive pot prosecutions. Legally, the AG is on solid ground. Practically, it’s likely to be a pointless exercise.
Cannabis is a Schedule 1 substance under the federal Controlled Substances Act, along with such drugs as ecstasy, LSD and heroin. This makes possession and distribution a federal crime — even if state law permits it for medicinal use or recreational sale. Constitutionally, the feds would be on a firm footing if they prosecuted in a state that legalized. Under well-established supremacy rules, federal law trumps state law.The trend, however, is strongly in favor of legalization. Seven states, including California (with over 12 percent of the nation’s population), plus Washington, DC, allow sale for pleasure. Twenty-nine states and DC permit medical sales. If Sessions can’t stem the tide, what will he accomplish?