WASHINGTON, D.C. – Yesterday, U.S. Senator Deb Fischer (R-Neb.) introduced an amendment that would help address the trafficking of marijuana across state lines. The amendment, which Fischer offered to the Commerce, Justice, Science (CJS) appropriations bill, would withhold specific Department of Justice (DOJ) funding until the agency enacts a plan to monitor the effects of marijuana licensing under state law on the enforcement priorities of the federal government.
Senator Fischer released the following statement after introducing the amendment:
“Marijuana is being transported across state lines and making its way out of states such as Colorado and into Nebraska’s communities. This drug remains an illegal substance on the federal level and in Nebraska, where our law enforcement officers are working hard to stop the crime and violence associated with its transport. My amendment would compel the Department of Justice to put a specific plan in place to explore the effect of state marijuana legalization and its impact on public health and safety.”
Nebraska Attorney General Doug Peterson released the following statement:
“I applaud the work by Senator Fischer to hold the administration accountable on this issue. While ultimately I believe the Department of Justice should faithfully enforce our nation’s laws currently on the books, this is a constructive step towards determining whether the state-licensed marijuana industry is consistent with DOJ’s own enforcement priorities.”
Scotts Bluff County Sheriff Mark Overman released the following statement:
“I am extremely pleased to hear that Senator Fischer filed an amendment to the CJS appropriations bill this week. I understand that her amendment seeks to ensure that the DOJ implements the outstanding Government Accountability Office recommendation on how state legalization of marijuana is hurting federal enforcement officers. Colorado’s (and other states) legalization of marijuana has had a very detrimental effect on Nebraska and has resulted in increased costs to our taxpayers, increased use among kids, and increased marijuana-related traffic fatalities. The federal government’s intentional lack of action on dealing with this issue that clearly violates the law is quite disappointing.”
Cheyenne County Sheriff John Jenson released the following statement:
“The Office of the Sheriff of Cheyenne County supports Senator Fischer's marijuana amendment to the CJS appropriations bill. This agency is one of many right on the front lines dealing with the consequences of a neighboring state passing a law legalizing this drug. We see the implications and ramifications of marijuana use on a very regular basis. This agency has seen a significant increase in the use and has witnessed the transporting of the drug to our state and the people of our state. The only way to keep this cancer from spreading is to continue to fight against allowing changes in state laws, which would become more lenient against the offenses that are associated with marijuana.”
Cheyenne County Attorney Paul Schaub released the following statement:
“The current approach to federal prosecution of marijuana offenses is unacceptable. [Senator Fischer’s] proposed appropriations amendment is an important step in making the Department of Justice accountable in cases involving the unlawful possession of distribution of marijuana.”
A number of states, including Colorado, have enacted state laws that legalize marijuana for medical or recreational purposes. However, marijuana is still illegal on the federal level. In 2013, the DOJ updated and clarified its marijuana enforcement policy. This clarification reinforced DOJ’s ability to challenge state marijuana legalization systems that threaten federal enforcement priorities.
The Government Accountability Office (GAO) completed a study exploring issues relating to the legalization of recreational marijuana in Colorado and Washington state. The study also examined DOJ’s efforts to monitor the effects of state legalization. In 2015, the GAO issued a recommendation calling on the DOJ’s Office of the Deputy Attorney General to draft a plan specifying processes for monitoring the effects of state marijuana legalization. Senator Fischer’s amendment would withhold funding from the DOJ’s Office of the Deputy Attorney General until they issue such a plan.
Click here to read the text of the amendment.
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