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President Trump May Favor Ending Federal Marijuana Ban: What It Means for California

Aug 14 2018, by Jessica McElfresh in Federal Marijuana Issues, Legal Blog, Marijuana Charges

Pinning down President Trump’s position on legalizing cannabis has not been easy. On several occasions, he has expressed his willingness to allow states to freely legislate the matter, which would effectively end the Federal marijuana ban. But, he has also encouraged Jeff Sessions and the Justice Department to reverse former Attorney General Eric Holder’s relatively lax approach to marijuana prosecutions.

Just recently, President Trump once again appeared to put his weight behind marijuana legalization. When asked about recently introduced legislation to allow states to decide on legalization independently, Trump replied, “We’re looking at it. But I probably will end up supporting that, yes.” The bipartisan bill, which is sponsored by Senator Elizabeth Warren, a Democrat from Massachusetts, and Senator Cory Gardner, a Republican from Colorado, would implement a policy that is a complete reversal of the Trump Administration’s official policy.

It is important to note that if you have been charged with a marijuana-related crime, you should contact a skilled San Diego marijuana lawyer at McElfresh Law for help. We will fight for your rights. For a free, initial consultation, call us right away at (858) 756-7107.

What Does the State Marijuana Legalization Bill Entail for California?

Known as the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Warren and Gardner’s bill does not affirmatively legalize marijuana in the United States. Instead, the law prohibits the federal government from interfering with state marijuana industries. The goal is to respect state rights, so states that continue to ban marijuana may continue to do so. On Twitter, Senator Gardner stated that his bill “allows the principle of federalism to prevail as the founding fathers intended and leaves the marijuana question up to the states.”

If the STATES Act passes and President Trump signs it into law, Californians who comply with local and state legislation will no longer face the threat of prosecution from federal authorities. The same applies to the residents of other states or districts that have legalized recreational and medical cannabis. The act will also amend the Controlled Substance Act (CSA) so that state complaint marijuana transactions will no longer be considered trafficking. Additionally, the STATES Act removes industrial hemp from the CSA’s list of controlled substances.

Contact a Cannabis Lawyer For Help With Your Case

It is uncertain whether President Trump will support the removal of the federal marijuana ban. However, it is important to note that if you have been charged with a marijuana crime in California, you have legal rights. If this applies to you, it is in your best interest to reach out to San Diego marijuana lawyer Jessica McElfresh at McElfresh Law. Our legal team can defend your rights and fight for your best case outcome. To schedule a free and confidential case consultation, call us at (858) 756-7107 today.