We have a long history here on the Canna Law Blog of analyzing the moves of the federal goverment, and in particular the Department of Justice (DOJ), when it comes to federal enforcement of the federal Controlled Substances Act (CSA). Over the years, we really focused on the acting U.S. Attorney General and how they treat state-legal cannabis from the top down. It seems like, for decades now, the DOJ has done an interesting legal and political dance with state-legal cannabis. And it appears that this odd legal tango may continue under President-elect Joe Biden’s pick for U.S. Attorney General, Merrick Garland, who is the former Chief Judge of the U.S. Court of Appeals for the D.C. Circuit and former U.S. Supreme Court Justice nominee under former President Obama.
Now, you may be wondering why I’m even concerned about Judge Garland and the DOJ when the Democrats just flipped the Senate after the Georgia Senate run-offs–we now have a Democrat in the White House and a Democrat-controlled Congress. This combination would seem to guarantee the passage of the MORE Act, which would very likely have otherwise died on the Senate floor with Republicans as the majority. The Dems also made