Page 55 - AVN February 2018

This article was intended to continue that discussion
with several well-known and often outspoken people
who are currently working in cannabis and porn, until
a report became public that United States Attorney
General Jeff Sessions is now rolling back the Obama
era guidelines against federal prosecution of marijuana
activities that are legal within the boundaries of each
governing state.
Sessions announced the major change in policy
on January 4 with a one-page memo that should be
read by anyone interested in marketing marijuana.
The memo states: “Given the Department’s well-
established general principles, previous nationwide
guidance specific to marijuana enforcement is
unnecessary and is rescinded, effective immediately.”
During the Obama era, the feds never legalized
any form of marijuana. It remains completely illegal
according to statutory law of the federal government.
However, in 2013, Obama’s Justice Department made
it clear that it had no intention of prosecuting anyone
who was in compliance with the local and state laws
of their jurisdiction. A sort of “don’t ask, don’t tell”
compromise that allowed marijuana business to
flourish without taking on the political fight of trying
to make it legal on the federal level.
In August of 2016 the Drug Enforcement
Administration rejected a petition to remove
marijuana from its place on the Schedule I list of most
dangerous drugs. Presently, cannabis continues to be
listed alongside heroin and other “heavy” drugs with
the steepest federal penalties as a narcotic that has
no beneficial properties … even as a growing number
of medical professionals continue to laud the use of
marijuana as everything from an anti-inflammatory
pain medication, to an anti-seizure med or an appetite
enhancement tool for people suffering through
chemotherapy or eating disorders.
The result has been an arsenal of prosecutorial tools
at the ready, including jail sentences, fines, seizure of
assets and anything else the government might use
to go after a global heroin cartel … shelved and kept
dormant by the simple promise of the former Attorney
General not to use any of that in instances where the
cannabis was being used or sold in compliance with
local laws. In Obama’s own words, the government
mindset was simply that “we have bigger fish to fry.”
This new memo from the current Attorney General
undoes all of that. It does not require prosecutions,
but it does instruct federal prosecutors to use their
own discretion. According to a report on Buzzfeed,
“Senior Justice Department officials stressed that
they wanted U.S. attorneys, who are assigned to
districts around the country, to use their discretion
to determine whether someone should face federal
charges for a marijuana offense.”
Coupling this empowerment of federal prosecutorial
discretion with the numerous examples and reports of
many grossly incompetent appointees being installed
by the current administration and you suddenly have
the real threat of legally incompetent minds wielding a
horrific amount of criminal power.
Along with these developments on the cannabis
legal landscape are parallel threats of prosecution
on the porn side of the equation as well. During
Sessions’ confirmation hearings in Congress he went
so far as to say of the Justice Department’s long
shuttered Obscenity Prosecution Task Force: “That
unit has been disbanded. I’m not sure I knew that,
but it was a part of the Department of Justice for a
long time and I would consider [reviving it].”
That means anyone operating in porn and cannabis
is simultaneously wearing a target on their back
and chest as far as the current Attorney General is
concerned. Given that fact it should not be surprising
that many who were contacted to provide quotes for
this article were only willing to do so off the record.
None were willing to be named in the article, and two
who had previously given quotes later contacted me
to rescind them prior to publication when they saw
this memo published.
When asked if they would be willing to take part in
a marijuana panel at an upcoming trade show, similar
to the one AVN hosted at Internext in 2017, each
gave a reply that amounted to saying “not right now,
and definitely not until things cool off again.”
Political blowback is also already underway. In
Colorado, for example, the Republican U.S. senator
from that state, Cory Gardner, pledged that he would
oppose any move by Sessions and his own Republican
Party to curtail state marijuana legalization. “This
reported action directly contradicts what Attorney
General Sessions told me prior to his confirmation.
With no prior notice to Congress, the Justice
Department has trampled on the will of the voters in
CO and other states,” Gardner posted on his Twitter
account. “I am prepared to take all steps necessary,
including holding DOJ nominees, until the Attorney
General lives up to the commitment he made to me
prior to his confirmation.”
More importantly, public support for legalization
continues to gain momentum with very widespread
support across all party lines. An October 25 Gallup
Poll found that 64 percent of Americans favor the
legalization of marijuana.
“
GIVEN THE DEPARTMENT’S
WELL-ESTABLISHED
GENERAL PRINCIPLES,
PREVIOUS NATIONWIDE
GUIDANCE SPECIFIC TO
MARIJUANA ENFORCE-
MENT IS UNNECESSARY
AND IS RESCINDED,
EFFECTIVE IMMEDIATELY.
—JANUARY 4 MEMO FROM THE
JUSTICE DEPARTMENT
That makes the midterm elections of 2018 even
more important, and even more interesting. On
November 6 of this year, all 435 seats in the United
States House of Representatives and 33 of the 100
seats in the United States Senate will be contested.
Add to that 39 state and territorial governorships
along with many other state and local elections up for
grabs.
At this moment the Republican Party controls 52
of the 100 seats in Congress. Orrin Hatch of Utah has
announced he will retire and it is largely expected by
experts that Trump enemy Mitt Romney is the favorite
to win that seat. And in California, Republican
incumbents Ed Royce and Darrell Issa announced they
would not be running to hold their seats in the U.S.
House of Representatives. Just a few more changing
hands would eviscerate Republican legislative power.
It would take only 24 seat changes in the House
of Representatives to swing that body away from
Republican control as well.
AG Sessions and the rest of the Republican party
may live to regret their decision to overlook public
consent by the majority of Americans on pot and porn
issues ranging from marijuana legalization to net
neutrality if on Election Day the Democrats regain
control of Congress and a relaxing bong-hit is no
longer available anywhere nearby.
“
I AM PREPARED TO TAKE
ALL STEPS NECESSARY,
INCLUDING HOLDING DOJ
NOMINEES, UNTIL THE
ATTORNEY GENERAL LIVES
UP TO THE COMMITMENT
HE MADE TO ME PRIOR TO
HIS CONFIRMATION.
—CORY GARDNER
(R-COLO.), VIA TWITTER
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