New marijuana policy raises questions for Md.’s US Attorney nominee

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A change to how federal authorities should enforce marijuana laws poses questions for President Donald Trump’s nominee for U.S. Attorney in Maryland.

Sen. Chris Van Hollen’s office said the freshman Democrat is interested in speaking to Robert K. Hur about the issue and how he might enforce federal laws in Maryland as a result of changes made Thursday by Attorney General Jeff Sessions.

Those changes roll back guidance issued under former President Barack Obama that gave rise to the expansion of medical cannabis programs in Maryland and around the country as well as the legalization of recreational marijuana use.

Sessions’ policy leaves it to U.S. attorneys in those states where pot is legal to decide whether to aggressively enforce federal marijuana law. Sessions’ decision likely will add to confusion about whether it’s OK to grow, buy or use marijuana in states where it’s legal, since long-standing federal law prohibits it.

The changes could result in cannabis growers, processors and dispensers in Maryland being arrested and having their assets seized in addition to denying the federally controlled plant to patients who say it is needed to treat dire affects from a range of chronic diseases, some have warned.

Others have suggested it’s unlikely that U.S. Attorneys in states where marijuana use is popular or widely accepted, whether for medical purposes or recreationally, would be reluctant to aggressively prosecute either its sale or use.

Neither Hur nor Stephen M. Schenning, the acting U.S. Attorney for Maryland, have publicly outlined how they will interpret Sessions’ revised guidance.

“I strongly oppose Attorney General Jeff Sessions’ decision yesterday,” Van Hollen said in a statement. “The Department of Justice should be focused on keeping our communities safe – not arbitrarily locking up people who are following their local laws. We should not be using federal law enforcement resources to lock people up for the nonviolent use and possession of marijuana. This heavy-handed action tramples on states’ rights and adds unnecessary confusion. I will continue to monitor legislative actions to protect states’ rights on this issue.”

State lawmakers and Maryland Attorney General Brian E. Frosh said Thursday the change in federal guidance could be disastrous for the Maryland’s fledgling medical cannabis industry.

Frosh said Maryland would likely have little recourse should federal law enforcement agencies crack down on growers, processors or dispensers in the state.

“Federal law is supreme,” Frosh said. “The state can’t stop the federal government from enforcing federal law.”

A spokeswomen for Sen. Ben Cardin said the two-term senior senator had not spoken to Hur about the issue. She did not answer questions about whether Cardin intended to speak to the nominee on the issue or potentially seek a delay in his confirmation.