“Good people don’t smoke marijuana,” what Jeff Sessions could mean for cannabis legalization in Colorado.
“Good people don’t smoke marijuana” is a direct quote from then senator Jefferson Sessions, who is soon to be the next Attorney General of the United States. Sessions went on to say that cannabis is no laughing matter, and grown-ups in Washington should be minimizing, not legalizing it.
This wasn’t the only time Sessions has spoken out about the dangers of cannabis. He cited Lady Gaga’s self professed addiction as evidence of its harm, and has also joked that he thought the Ku Klux Klan was alright, until he learned of their cannabis use.
So why doesn’t the public agree? With support for cannabis legalization and regulation at an all time high, is the future head of the United States Department of Justice on the wrong side of this controversial issue?
Sessions believes that cannabis users are not “good people”, that there are no societal benefits that come from legalization. That cannabis is a gateway drug, and he has concerns about high drivers. Claiming stoned driving is equally as bad as drunk driving.
In reality all of these claims have been debunked, and there is scientific consensus that cannabis is less harmful than legal alcohol.
For one thing there has never been a fatal cannabis overdose, while people die all the time from alcohol overdoses, with more than 2,200 deaths per year. That is the equivalent of 6 deaths per day. In addition alcohol use contributes to the likelihood of domestic violence, while cannabis use does not. That is not to say that those who drink are likely to commit domestic violence, but rather that alcohol can cause those who were prone to this behavior, to act on it. A study conducted by the Research Institute On Addiction, concluded that “among individuals who were chronic partner abusers, the use of alcohol was associated with significant increases in the daily likelihood of male-to-female physical aggression, but the use of marijuana was not.”
So what about Sessions claims regarding driving, and cannabis as a gateway drug?
Well, a recent study from the Netherlands, published in the Journal of Psychopharmacology, got two groups of people either drunk, or high, and asked them to play a game with an adversarial computer opponent, and then rate their aggression.
Researchers found that self reported aggression was much higher among the drunk group, than the high group. When the study was conducted with the same sober participants a week later, the aggression between the two groups was virtually the same.
Aggression is a leading cause of traffic fatalities, and people who are high simply do not display the same aggressive tendencies as those who are drunk. In addition there is not enough data on traffic fatalities related to cannabis to really compare the two drugs. While it is never a good idea to drive while impaired, the argument that high driving is as bad as drunk driving is not supported by scientific data.
As for cannabis as a gateway drug, data shows that this is a myth. Cannabis use correlates to harder drug use, but it does not cause it. As reporter Maia Szalavitz explained, “Hell’s Angels motorcycle gang members are probably 104 times more likely to have ridden a bicycle as a kid than those who don’t become Hell’s Angels, but that doesn’t mean that riding a two-wheeler is a ‘gateway’ to joining a motorcycle gang. It simply means that most people ride bikes and the kind of people who don’t are highly unlikely to ever ride a motorcycle.”
In order to understand what could happen under a Sessions Department of Justice, it’s necessary to understand current federal drug policy.
Two important memos released by the DOJ detailed guidelines for federal drug policy under the Obama administration. The Ogden memo released by the DOJ in October of 2009, authorized the use of medical marijuana, and the Cole memo from 2013 said that the federal government would not interfere with states that chose to legalize recreational cannabis.
The Cole memo is what truly opened the floodgates for recreational industry to explode, and is what has led to a booming cannabis industry in Colorado. However this could all change should Sessions decide to retract them.
In a recent interview with Rolling Stone, Obama made it clear that he believes the Donald Trump administration should continue on the path the current administration has laid out. Obama went on to say that cannabis should be treated as a public health issue, and not as a criminal issue with punitive consequences.
So what could Sessions do to backtrack some of the Obama administration’s policies, and how could this affect Colorado?
If he were so inclined, Sessions could retract both the Cole and Ogden memos, and issue a memo informing states that the federal government will now be enforcing federal cannabis law. This could involve federal police cracking down on dispensaries and grow operations, and arresting the owners of these businesses. That would likely lead others in the industry to halt their operations until a more friendly legal climate was established.
In states that refuse to comply Sessions could ask Congress to pull federal funding, creating massive budget shortages and incentivizing state governments to crack down on cannabis operations.
However in Colorado things would likely be significantly more difficult for Sessions and the DOJ. For one the state did not legalize cannabis use through the passage of an initiative or new law. Rather it was through a constitutional amendment which cannot be retracted by the federal government.
In order to rescind amendment 64, Colorado’s government would need a supermajority in the house and senate as well as the governor, or it would have to go back to the people for a vote. If it were not removed, then regardless of the Sessions DOJ, you would still have the right to possess and grow cannabis for personal use.
There are already groups in Colorado, such as Citizens For Healthy Pueblo, who oppose Colorado cannabis legalization. However they have not had much success so far. Sessions could see the existence of these groups as evidence for divided opinions on legalization, even though polling shows that approval for it is at an all time high.
It’s impossible to know what Sessions will do as Attorney General, however it is likely he will support efforts to repeal legalization, and enforce federal law. However President-elect Trump has said that he believes cannabis regulation should be left up to the states.
Fortunately for Colorado however, cannabis legalization came through a constitutional amendment, which creates a huge problem for those who want to repeal legalization. In addition, regardless of what the DOJ says, residents will be able to possess and grow cannabis. However this is not true for other states, and a Sessions DOJ could present real issues for them.
So do good people smoke marijuana? That’s really impossible to answer. However, regardless of Sessions views on cannabis, legalization is likely here to stay.
