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Spicer alludes to federal crackdown on recreational marijuana states such as Nevada

Updated February 23, 2017 - 6:58 pm

Nevada and other states with legalized recreational marijuana should expect “greater enforcement” of the federal law that criminalizes the drug, White House press secretary Sean Spicer said Thursday.

Cannabis is illegal on a federal level, but under President Barack Obama, the Department of Justice was instructed not to enforce certain laws in states where it was legal, so long as the industry was regulated by the state.

The federal government coming after states with recreational pot is something long feared by supporters of the drug’s legalization since former U.S. senator and noted marijuana opponent Jeff Sessions was nominated to be U.S. attorney general.

Spicer’s comments Thursday indicate the Trump administration will roll back the Obama-era approach on the recreational sale and use of the drug.

“There is still a federal law that we need to abide by in terms of recreational marijuana and other drugs of that nature,” Spicer said.

Spicer said medical marijuana is “a very, very different subject” from recreational cannabis. “The president understands the pain and suffering that many people go through who are facing especially terminal diseases and the comfort that some of these drugs, including medical marijuana, can bring to them.”

When pressed on the meaning of greater enforcement, Spicer referred reporters to the Department of Justice.

The department declined to comment to the Review-Journal on Thursday evening.

Nevadans voted to legalize recreational marijuana use in November by a 54-46 percent margin. Possession and use of marijuana has been legal in the state since Jan. 1.

NEVADA REACTION

In a statement Thursday, Nevada Senate Majority Leader Aaron Ford, D-Las Vegas, called on state Attorney General Adam Laxalt to “vigorously defend Nevada’s marijuana laws from federal overreach.”

Ford also noted that Gov. Brian Sandoval’s proposed budget calls for $70 million in tax revenue from marijuana sales to fund his education initiatives.

“Any action by the Trump administration would be an insult to Nevada voters and would pick the pockets of Nevada’s students. Mr. Laxalt was never shy about taking action against the federal government under the previous administration,” Ford’s statement said, hearkening back to Laxalt’s suing of the Obama administration over immigration and overtime pay executive orders.

Laxalt “must show that same consistency in taking on President Trump’s overzealous attack on the will of Nevada voters,” Ford said.

It is unclear if the state will fight federal enforcement, as both Laxalt and Sandoval opposed the legalization effort last year.

A spokeswoman for Laxalt’s office indicated the attorney general would not jump into the fray right away.

“Of course, not every action taken by the federal government, much less every statement made the president or his staff, constitutes federal overreach,” his office said in a statement. “Our office will continue to monitor this situation and analyze it according to the law and the Constitution, not speculate or jump to conclusions.”

Sandoval said in a statement that he has worried about state versus federal marijuana laws since before the legalization vote. The state will monitor any impact the enforcement might have on his proposed budget, he added.

INDUSTRY RESPONSE

Marijuana industry executives in Nevada expressed disappointment over the comments and potential increased enforcement.

“The economic impact, job creation, and tax collection associated with both medical and recreational legalization have been tremendous throughout the country. We hope the new administration really takes the time to understand that the money is either going into the states’ coffers or making its way to drug cartels,” said Terra Tech CEO Derek Peterson in a statement Thursday.

Terra Tech operates marijuana businesses in Las Vegas and Reno, as well as several in California. It has been working towards expanding its operations in the wake of marijuana legalization in the state.

Andrew Jolley, CEO of The Source dispensary and president of the Nevada Dispensary Association, said he is still holding out some hope that Sessions and Trump will respect the decision by Nevada voters to legalize marijuana.

Contact Colton Lochhead at clochhead@reviewjournal.com or 702-383-4638. Follow @ColtonLochhead on Twitter.

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