Are we hearing the last yelps of the dinosaurs of the war on      drugs, or the roars of a racist ideology coming back from the      verge of extinction? george      pfromm    
    Richard Nixon and Ronald and Nancy    Reagan would be watching this White House with a smug sense of    satisfaction. Not because of President Donald Trump's coziness    with Russia, or his cavalier attitude about sexual assault, but    because of the Trump administration's views on drugs and    criminal justice. It's hard not to imagine all these old white    people in a chorus line together celebrating locking people up    for using cannabis.  
    Trump has not spoken explicitly about cannabis policy since he    took office in January, but he told a joint session of Congress    last week that "drugs" are "poisoning our youth." His    administration has shaken the confidence of the legal weed    industry with statements suggesting punitive action toward    recreational weed. White House press secretary Sean "Spicy"    Spicer told reporters two weeks ago that the Trump    administration saw medical marijuana as a "very, very different    subject" than recreational marijuana. Subsequently, he said the    Department of Justice would start a "greater enforcement" of    existing federal cannabis laws. Asked for specifics, Spicer    referred reporters to the Department of Justice.  
    The head of the Department of Justice, Attorney General Jeff    Sessions, spent his first two weeks as the nation's top    law-enforcement official expressing an interest in restarting    the war on drugs. He has     reportedly told some senators in private that he won't    crack down on legal weed, but his on-the-record statements have    been consistently threatening toward states with recreational    cannabis. He told attorneys general from around the country    last week that he found it "troubling"    that from 2010 to 2015, federal drug prosecutions declined by    18 percent. He promised that "under my leadership at the    Department of Justice, this trend will end." He     also said last week that "experts are telling me that    there's more violence around marijuana than one would think"    and that he was "definitely not a fan of expanded use of    marijuana."  
    Let's be clear here: "Greater enforcement" of federal drug    policy and a resurgent war on drugs means locking people up for    drug use, including weed use. While states like Washington have    spent the last two decades slowly relaxing weed laws, the Trump    administration's views on weed have not advanced passed the    Reagan era. Current federal law has a 15-day mandatory minimum    jail sentence for someone convicted of their second misdemeanor    possession charge. Get convicted of having one gram of cannabis    twice, and a federal judge is forced to send you to jail for at    least 15 days.  
    The effects of such policies, which Sessions praises with a    small smile and his Southern drawl, are well documented. From    1980 to 2008, the US prison    population quadrupledit went from about 500,000 inmates to    2.3 million. Our country's incarceration rate is not only the    highest in the world, it's a statistical anomaly. We imprison    people at     five times the world's average incarceration rate, and    African Americans are jailed at nearly six times the rates of    whites.     A study in 2012 showed that black people in Washington    State use less marijuana than white people and yet are arrested    for marijuana at 2.9 times the rate of white people.  
    There are still 226,027 misdemeanor marijuana possession    convictions and 10,765 felony cannabis convictions in the    Washington State Patrol's database, according to records    obtained by The Stranger.  
    Almost 30 years after Reagan left office, we are only just    starting to dismantle the racist drug policy system's legacy.    President Barack Obama's administration worked at the federal    level to reduce drug chargeshence that drop in drug    prosecutions that terrifies Sessionsand Washington State's    passage of I-502 legalizing weed in Washington in 2012    certainly helped, eliminating future weed arrests in this    state. But it did nothing to address the decades of harm caused    by our state's cannabis laws of the past.  
    Some Washington State lawmakers are trying to change that, and    they introduced a bill this year to make it easy for anyone    with a misdemeanor marijuana possession conviction to clear    their record of that crime. After all, misdemeanor possession    is no longer against state law. Oregon passed a similar law two    years ago, but Washington's version has an uphill fight in    Olympia.  
    While the federal government appears emboldened by the idea of    locking more people up for using cannabis, it's worth    wondering: Are we hearing the last yelps of the dinosaurs of    the war on drugs, or the roars of a racist ideology coming back    from the verge of extinction?  
      ***    
    Washington State governor Jay    Inslee and Attorney General Bob Ferguson have put themselves on    the national stage in their opposition to Trump's agenda. Their    lawsuit against Trump's ban on immigration from seven    majority-Muslim countries effectively knocked out the    president's executive order after it prevailed in US District    Court and Appeals Court.  
    Inslee and Ferguson are also fighting to preserve local laws    when it comes to cannabis. They sent the Trump administration a    letter in February making the case for our state's legal pot    industry. Within hours of Spicer's threat of "greater    enforcement" of federal cannabis laws,     Ferguson issued a statement vowing to "use every tool at    our disposal to ensure that the federal government does not    undermine Washington's successful, unified system for    regulating recreational and medical marijuana." That's a strong    statement from an attorney with a 20 record against the Trump    administration, but the only problem is, this time the law is    not on Ferguson's side.  
    If Sessions or Trump wanted to start enforcing federal weed    laws today, they could immediately start charging the cannabis    industry's growers, retailers, budtenders, bankers,    accountants, and casual smokers with federal crimes.  
    US representative Adam Smith, who represents parts of Seattle,    Bellevue, and Tacoma, said that fact is worrying. "In the plain    language of the law, if the federal government wants to come in    and start busting marijuana shops, we are somewhat at their    mercy," he said. "And that is very, very concerning."  
    Obama's Department of Justice issued the Cole Memo and the    Financial Crimes Enforcement Network (FinCEN) issued a    guidance, both aimed at placating nerves in the legal weed    industry. The Cole Memo, signed by US deputy attorney general    James Cole, told states with legal weed that the federal    government would adopt a hands-off approach to federal cannabis    laws if states followed a few guiding principles, namely    keeping weed out of the hands of kids and profits away from    organized crime. The FinCEN guidance, issued by the Department    of Treasury, told the banking industry that banks would not be    prosecuted for money laundering if they opened accounts with    cannabis businesses, as long as those businesses were compliant    with the Cole Memo.  
    But those are guidance memos, not laws. They establish no legal    precedent and can be rescinded at any time by the current    administration.  
    Sam Mendez, the former executive director of the University of    Washington's Cannabis Law and Policy Project, said it would    only take a simple injunction, a legal order to cease activity    sent from Sessions to Washington State, to shut down the I-502    industry.  
    "They could just shut it down by legal means. This is an    industry and state regulatory system that at its fundamental    level is based on an illegality," Mendez said. "So that's their    legal mechanism right there."  
    There is one law protecting medical cannabis businesses from    federal action. The Rohrabacher-Farr amendment to the federal    budget bars the Department of Justice from spending any money    investigating medical cannabis businesses, but a     2016 federal court ruling narrowed the protections of that    amendment to strictly medical transactions. It's unclear    whether it would apply to Washington's pot industry, where the    medical and recreational systems have been combined into one.  
    "The Rohrabacher-Farr amendment doesn't offer much help to most    502-licensed businesses because few of those businesses are    likely to be limiting their sales to medical purposes," said    Alison Holcomb, the former ACLU attorney who wrote the text of    the I-502 law. "As long as a business is selling cannabis to a    person using it for nonmedical purposes, it is fair game for a    DEA investigation."  
    Trump has the law behind him if he cracks down on legal pot,    but there are still daunting challenges standing between Trump    and a wholesale attack on our legal weed system. To start, weed    has never been more popular in America than it is right now. A    recent poll found that 71    percent of Americans think Trump should not go after states    that have legalized cannabis, and 93 percent of Americans    support medical cannabis laws.  
    Since Trump is already on the line to deliver an unpopular    border wall and repeal an increasingly popular health-care law,    most people don't see this as a fight he would want to pick.  
    "It's hard to predict what Trump does around politics and    policies given how inexperienced he is, but we do know that he    cares a lot about public image and public opinion. This is not    going to be something that is going to look very good," Mendez    said.  
    And weed's popularity has generated a huge industry around it.    There are thousands of pot farms and pot retailers operating in    the 28 states where weed has been either recreationally or    medically legalized, and prosecuting that many individuals and    firms would require an immense number of lawyers and    law-enforcement personnel. The federal government relies    heavily on local law enforcement to carry out drug-enforcement    raids, but because cannabis is legal under state law, local    cops can't be used to shut down the industry.  
    "Think of how many hundreds or even thousands of businesses are    out there operating. If they were going to go after all of    those businesses, that would take thousands of pages of    paperwork," Mendez said.  
    It would be much easier for Sessions to investigate individual    businesses that he believes have violated the parameters of the    Cole Memo. Aaron Pickus, a spokesperson for the Washington    CannaBusiness Association, said the trade group is advising its    members to closely follow the state's laws.  
    "Right now, we are emphasizing how important it is to make sure    you are following the rules as set by Washington State," Pickus    said. "Make sure you are dotting all your i's and crossing all    your t's and following best practices to make sure that minors    aren't getting into your store."  
    Individual enforcement against certain businesses would be    better than wholesale destruction of the industry, but the    Department of Justice would still be picking a fight with some    well-connected individuals. In this War on Drugs II, the    dealers aren't marginalized people operating in the    shadowsthey are mostly white, male, wealthy businesspeople.    It's probably easier for Sessions to lock up a poor person who    doesn't look like him than to lock up a bunch of rich guys with    millions in their bank accounts. And Congress, never one to    miss out on a wealthy constituency, recently created the    nation's first     Congressional Cannabis Caucus to stand up for common-sense    weed laws.  
    Plus, if state leaders and industry leaders and weed's powerful    allies in Congress can't team up to scare Sessions away from    touching our legal pot, our state could push the button on the    so-called "nuclear    option." As we previously described in The    Stranger, we could technically erase any mention of    marijuana from our state's laws, effectively legalizing and    deregulating pot, and giving Trump a huge nightmare when it    comes to keeping drugs away from kids and cartels.  
    That's all to say, it's unclear what will happen. The path    forward for Trump shutting down legal weed is as clear as    Spicer's response to a follow-up question on what he meant    about "greater enforcement" of cannabis laws. He said, and I    quote: "No, no. I know. I know what II thinkthen that's what    I said. But I think the Department of Justice is the lead on    that."  
    Got that?  
    He added, "I believe that they are going to continue to enforce    the laws on the books with respect to recreational marijuana."  
      ***    
    If you ask Holcomb, who is often    called the architect of I-502 because she wrote the successful    initiative, why we need legal weed, she will point to one    issue.  
    "The point of I-502 was to stop arresting people for using    marijuana," Holcomb said. "And I-502 was the right vehicle at    that time to move us in that direction, and depending on what    happens now, we may have to move in an entirely new direction.    But the North Star is the same North Star: Don't arrest    people... because they use marijuana or grow it and want to    share it with others."  
    Thanks to Holcomb's initiative, the state has spent the last    five years doing exactly that: not arresting people for    cannabis crimes. But bad laws take a long time to stop    affecting people. Punitive Reagan-era laws still haunt people    who were caught in the war on drugs dragnet, and I-502 was a    proactive law, meaning it did not address any of the thousands    of people who were previously charged with cannabis crimes. As    for those 226,027 misdemeanor marijuana possession convictions    mentioned earlier, the ones still in the Washington State    Patrol's database, each one of those drug convictions continues    to haunt the people carrying them, according to Mark Cooke, an    attorney with the ACLU of Washington.  
    "Criminal conviction records allow others to discriminate    against that individual in different contexts, including    employment, housing, and education," Cooke said.  
    It may seem like in this modern, weed-friendly world, a    misdemeanor possession charge doesn't mean much, but that is    not the case. The types of background checks that many    employers or landlords use lack specificity. Applications often    ask if you have been convicted of any drug charges, according    to Prachi Dave, another attorney for ACLU-WA.  
    "Frequently the question is 'Do you have any drug related    activity convictions?' So a prior marijuana conviction could    certainly fall into that category, which means a lot of people    could be excluded from housing or employment," Dave said.  
    Someone carrying a misdemeanor possession charge can ask a    court to clear their record, but there are a number of    different reasons a judge could deny that request.    Representative Joe Fitzgibbon, who represents West Seattle and    Vashon Island in the state legislature, wants to change that.    He introduced a bill in Olympia this year that would require    courts to automatically expunge a person's misdemeanor    marijuana conviction upon request.  
    "Currently, there are a bunch of caveats, but even if they meet    all of the caveats, the judge can still say no," Fitzgibbon    said. "The bill would make it much easier for someone with a    misdemeanor marijuana possession to vacate their record."  
    Oregon passed a similar law in 2015, but Fitzgibbon's bill    failed to make it out of committee in Olympia this year. He's    introduced a version of this bill every year since 2012, when    voters legalized adult possession of cannabis here. The current    bill won't get another chance until next year.  
    Fitzgibbon said he will keep fighting for the law. "I think    it's about fairness and about second chances. The voters of the    state very clearly said that they didn't think possession of    marijuana should be a crime," Fitzgibbon said.  
    Kevin Oliver, executive director of the Washington chapter of    NORML, said his organization plans to step up its lobbying for    the bill. "We have a lobbyist on the ground full time, our new    PAC is raising money and we're going to start throwing it at    these legislators, and I think that might make a difference,"    Oliver said.  
    If they act quickly, they might be able to clean up the beach    before this second war on drugs sweeps in.   
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