WASHINGTON — U.S. Sen. Cory Gardner said he plans to press Attorney General Jeff Sessions on federal marijuana policy when the two Republicans meet Wednesday.
In an interview, the Republican from Colorado emphasized that he is prepared, if he doesn’t get his way, to block all nominees related to the Department of Justice, including U.S. marshals and U.S. attorneys from other states.
The comments build on threats that Gardner made last week after a y that left alone Colorado and other states that legalized marijuana in spite of federal laws against it.
“Itap my job to protect those states’ rights and states’ decisions,” Gardner said. “I would anticipate it being (Justice) officials. I would anticipate it being U.S. marshals (and) U.S. attorneys. But the bottom line is (that) this can be solved by the Department of Justice.”
Justice Department officials declined to comment on the upcoming meeting, but congressional aides said if Gardner keeps his vow to block or stall these nominees, then at least two dozen people would be affected, including several high-level positions at the Justice Department.
Senate rules give broad leeway to individual lawmakers who want to put a hold on nominees.
Bypassing a hold takes time and effort, and, given broad support for states’ rights on marijuana, an override may not even be successful in the Senate.
Gardner added that he would stand down if Sessions agreed to change course or reinstate the , a 2013 decree that recommended that federal officials generally steer clear of marijuana enforcement in states where itap legal.
“They can reverse the decision to rescind the Cole memorandum,” Gardner said. “They could have a new way forward with Jeff Sessions protecting states’ rights.”
If that doesn’t work, that would prohibit the Justice Department from spending money on enforcing federal marijuana laws in states that have legalized the drug.
I just finished hosting a bipartisan group of Senators on the Justice Department's decision to repeal the Cole memo. We discussed a path forward to respect the will of the people & defend states' rights.
— Cory Gardner (@SenCoryGardner)
Congress has , but the latest effort would shield recreational use too.
“It would apply to the funding restriction to commercial marijuana (enforcement), as well as medicinal,” said U.S. Rep. Jared Polis, D-Boulder. “Thatap what we’re pushing for.”