Will Trump's Attorney General crack down on Colorado's marijuana industry or let it be?

Yesterday, Donald Trump's pick for Attorney General, Alabama Senator Jeff Sessions, was confirmed in the Senate. He takes the oath of office today. It is no secret that Sessions vocally opposes cannabis. After all, this is the man who said during a Senate drug hearing that “good people don’t smoke marijuana.” What does that mean for Colorado’s pot industry? The outlook isn't as dire as some people may want you to think... Medical Marijuana Medical marijuana is safe. Since 2014, Congress has included language in its yearly appropriations bill that explicitly prohibits the Department of Justice (DOJ) from spending even one cent of taxpayer money to pursue lawsuits against states’ medical marijuana industries. "None of the funds made available in this Act to the Department of Justice may be used, with respect to the States [that have legalized medical marijuana], to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." The Obama administration challenged this amendment. In October of 2015, Federal Judge Charles Breyer settled the issue. He decided that the language did in fact prohibit the DOJ from spending any money in connection with the enforcement of any law which interferes with a state’s “ability to implement its own State law that authorizes the use, distribution, possession, or cultivation of medical marijuana.” This means that the minute Sessions is sworn in, he will be prohibited from taking legal action against Colorado's medical marijuana industry. Plus, President Trump supports medical cannabis. At a rally in Reno, Nevada, Trump told the crowd, “I think medical should happen, right? Don’t we agree? I mean, I think so… I know people that are very, very sick and for whatever reason, the marijuana really helps them.” Recreational Marijuana So, medical marijuana is likely safe. Are there similar protections on the recreational side? No. But looking at what Donald Trump has said gives a better feel for how his Justice Department will approach the issue. He has made it clear that he wants the states to decide about marijuana legalization. As a father, Donald Trump has always impressed upon his children on the importance of avoiding tobacco, drugs, and alcohol. Ever since Donald Trump’s late-brother Fred died of alcoholism, he has talked about the importance of living a life free of intoxicants. Even still, Trump recognizes pot's medical importance. During a television interview, he explained his position. “In some ways I think [marijuana is] good and in other ways it’s bad. I do want to see what the medical effects of [recreational use] are. I have to see what the medical effects are and, by the way – medical marijuana? I’m in favor of it a hundred percent.” At another rally, Trump added to this, explaining “And then I really believe you should leave it up to the states. It should be a state situation, in terms of marijuana and legalization. It should be a state issue, state-by-state.” What Does This Mean For Colorado? So what do we know? We know that Donald Trump personally believes in the medical utility of marijuana. He wants to see more research before making a determination on recreational legalization. However, he believes in the meantime that it should be left up to the states to decide. There are a couple of different ways to view this positively. First of all, if the President of the United States says there is a medical use for cannabis, it would be hard for his administration to keep it as a Schedule I drug. The Food and Drug Administration labels any drug without a medical use as Schedule I. While methamphetamine is a Schedule I drug and illegal at the federal level, dextroamphetamine (the compound that makes up Adderall) is classified as a Schedule II drug and is legal, but highly regulated. It will be interesting to see how courts deal with this issue in particular as more peer reviewed research comes out supporting marijuana as a medical drug. Theoretically, pharmacies would sell cannabis and THC if it was declassified. This opens the door for major pharmaceutical companies to invest in research and development as well. Secondly, Jeff Session’s opposition to nationwide legalization could actually be beneficial for Colorado's cannabis industry. If Sessions follows Trump’s directive and leaves marijuana decisions to the states, the absence of nationwide legalization would actually help Colorado stay competitive in marijuana tourism. With California, Massachusetts, and Nevada legalizing recreational marijuana in 2016, Colorado will have to compete with more and more destinations for marijuana tourism dollars. The fewer states that legalize recreational cannabis, the larger the piece of the pie for Colorado. That's a selfish way to look at it, but it would be beneficial to the Colorado industry as a whole. So, don’t believe the scaremongering. The sky isn’t falling. You don’t need to stock up at your local dispensary today before he's sworn in.  The Trump administration certainly won’t usher in nationwide legalization. The Food and Drug Administration and Drug Enforcement Agency will still be run by anti-marijuana hardliners. Even still, it is more likely than not that the Trump administration will leave Colorado's marijuana industry alone