Marijuana Business Magazine October 2018

That’s because of one very simple reason that several attorneys spelled out to me in December 2016: Any U.S. attorney who wanted to prosecute such a case would be gambling that a jury would support federal MJ prohibition over state legalization. However, the odds would be stacked against them. Prosecutors generally are more interested in arguing cases they can win, as opposed to spending months of time and resources on a case, only to have a jury tell them to take a hike. For that reason, I doubt a DOJ crack- down will ever take place. That doesn’t mean Sessions hasn’t proved to be an obstruction- ist. For instance, the Drug Enforce- ment Administration, which is part of the DOJ, has so far failed to follow through on a 2-year-old promise to issue more research permits for those wanting to look into the potential medical benefits of marijuana, though it does appear to be moving in that direction as of August. Also, Sessions has repeatedly refused to confirm that he won’t crack down on the industry, which feeds the uncertainty of bankers and investors who want more assurance they won’t be inviting any federal hassles before involving themselves with the MJ industry. But nearly two years after Trump’s election to the White House, the lack of action against state-legal mari- juana businesses has proved that Sessions is all bark and no bite. November will likely put a note of finality on Sessions’ rhetoric against cannabis, as the election could bring the number of states with workable MMJ programs to 33. Moreover, it also appears that bills like the one Sen. Gardner is backing – to make canna- bis the province of the states and not the federal government – could get all the way through Congress within another year. That would be the nail in the coffin for Sessions and other drug warriors, at least when it comes to marijuana prohi- bition. It would also be in keeping with a national trend of cannabis accep- tance that’s been building in the United States for more than two decades. ◆ John Schroyer is a senior reporter at Marijuana Business Daily who’s based in Sacramento, California. Reach him at johns@mjbizdaily.com.