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Home » State legislator’s bill aims to protect citizens in wake of federal pot crackdown

State legislator’s bill aims to protect citizens in wake of federal pot crackdown

February 15, 2018
Guest Contributor

By Michelle Dupler

If one Washington lawmaker has his way, the federal government won’t be able to look to state employees for help enforcing federal marijuana prohibitions.

Rep. David Sawyer
Rep. David Sawyer

Rep. David Sawyer, D-Tacoma, introduced House Bill 2124 in the wake of the Jan. 4 memorandum by U.S. Attorney General Jeff Sessions instructing federal prosecutors to resume enforcement of federal criminal statutes prohibiting the cultivation, distribution and possession of marijuana.

Under the Obama administration, Deputy Attorney General James Cole issued a memorandum essentially saying the federal government would take a hands-off approach in states where marijuana had been legalized and strong regulatory systems were being developed.

However, in the past year, the Trump administration — and Sessions in particular — have voiced strong anti-marijuana sentiment, signaling a possible reversal of the Obama-era anti-enforcement policy.

That reversal came with the Jan. 4 memorandum, creating tension in states like Washington where marijuana has been legalized, while the drug remains a Schedule I illegal substance under federal law. Schedule I substances are defined as those with the most potential for harm and least potential for beneficial medical use.

Sawyer said he introduced HB 2124 as a means of protecting Washington citizens who are complying with state law.

The bill prohibits any state resources from being used to “assist the federal government in any activity that results in the loss of revenue through an interference with the state marijuana market,” according to an analysis prepared by non-partisan staff for the House Finance Committee.

The state marijuana market has generated nearly $710 million in total tax revenue for the state since legal activity began in 2014, with more than $2.5 billion worth of legal marijuana products purchased by consumers in the state, according to data from the Washington State Liquor and Cannabis Board.

The bill also would penalize any state employee who knowingly violated the prohibition against aiding the federal government with marijuana prosecutions.

Bill Berkman, Benton County GOP chairman, said he’s been watching the bill and is concerned about the effects it may have.

“It’s incentivizing public employees … not to cooperate with federal employees on anything that might result in a reduction of marijuana revenues,” he said.

Sawyer said he thinks the federal government will be less likely to pursue prosecutions without being able to commandeer state resources.

“If people have a target on their back … I feel it would be a lot harder for them to do (prosecutions) on the constrained budgets they have,” Sawyer said. “I wanted to make sure the feds have as much cost as possible to protect our citizens.”

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