Donald Trump announced that he would withdraw his nomination of a U.S. Attorney in Washington, D.C., who had recently advised a licensed medical cannabis dispensary within the District to comply with local policies, but also warned them about the violation of federal law.
While the president’s decision doesn’t appear to be connected to Ed Martin’s hostility toward cannabis policy in D.C.—and Trump gave ample praise to the now-rescinded nominee despite the prospective withdrawal—the shift could give advocates and stakeholders in the District a sense of relief about the prospects of further federal intervention in its local marijuana policies.
Trump stated during a Thursday event held in the Oval Office that he hopes Martin is placed “in another capacity” with the Justice Department.
“He really was exceptional.” To me, this was disappointing. The president replied, “I will be truthful.” “I must be truthful.” “I was disappointed.” Many people were disappointed. But that is how it goes sometimes.”
Martin has been embroiled by controversy, but not because of what he did against a cannabis dispensary in Washington D.C. He was in trouble for other reasons as well. These include his lackluster experience in prosecuting cases and defending those who were involved in the Capitol riots that took place on 6 January 2020 after Trump won the presidential election.
The next two days will see us announcing someone else. [to serve as the U.S. prosecutor in D.C.] Trump added, “I know who is going to be a fantastic person.”
Martin, for his part, recently gave mixed signals about his approach to prosecuting alleged violations of federal laws by licensed marijuana businesses—saying on the one hand that prohibition must be “abided by,” but also specifying that cannabis operators who are not in compliance with local laws are most at risk of enforcement action.
He said, “Anyone who sells marijuana should have the proper license and all other requirements in place. Otherwise we’ll take action.”
Green Theory is the dispensary the prosecutor targeted with his letter. It is in compliance with D.C. law, but Martin has also argued that it violates a federal statute prohibiting cannabis shops less than 1,000 feet from schools. This is what the particular business is doing.
Martin stated in an interview conducted late last month that shutting down marijuana dispensaries is not “at the top of” his list of priorities. However, his “instinct tells him it shouldn’t happen within the community.”
“You have to apply the law to facts, and you must do so in light of the current situation that the community faces,” said he.
In March, meanwhile, the White House called the District’s move to decriminalize marijuana an example of a “failed” policy that “opened the door to disorder.”
In a fact sheet about an executive order that Trump signed—which is broadly aimed at beautifying the District and making it more safe—the White House listed several local policies in the nation’s capital that it takes issue with, including cannabis reform. The White House is taking issue with cannabis reform despite Trump’s previous support of a state’s rights approach on marijuana laws.
“D.C.’s failed policies opened the door to disorder—and criminals noticed,” it says, citing “marijuana decriminalization,” as well as the District’s decision to end pre-trial detentions and enforcement practices around rioters, as examples of such policies.
The executive order itself doesn’t mention marijuana specifically. The directive says that it will “deploy a stronger Federal presence, coordinate with local police to enable a stronger local presence in the areas around or in” Washington, D.C. and address “drug use, possession and sale.”
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A voter-approved initiative has made it legal for D.C. residents to possess and cultivate recreational cannabis, but commercial sales are still illegal.
During Trump’s first term in the White House, he maintained that D.C. rider to keep blocking cannabis sales in his budget requests, as did Biden.
Last week, Rep. Eleanor Holmes Norton (D-DC) said she intends to “continue to fight” against efforts by her GOP colleagues to interfere with the District’s marijuana laws, vowing to again push for the removal of a spending bill rider that’s long prevented a commercial cannabis market.
Federally funded study shows that marijuana use reduces alcohol cravings in people who drink a lot.
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