Jeff Sessions Says He'll Review 'Effectiveness' of DOJ's Marijuana Guidance

Related: With Eyes on Trump, Legal Marijuana Warily Rolls Along

Sessions, whose nomination is pending, has not indicated any plans to scrap the so-called “Cole Memo,” the Justice Department’s guidance, named after then-deputy attorney general James Cole, that encouraged prosecutors to leave alone states that were crafting regulatory policies for recreational marijuana. California last year became the latest state to legalize recreational marijuana.

In a written response last week to a question from Sen. Dianne Feinstein, D-California, Sessions said only that he would review the Cole memo.

“While I am generally familiar with the Cole memorandum, I am not privy to any internal Department of Justice data regarding the effectiveness of the policies contained within that memorandum,” Sessions wrote. “If I am fortunate enough to be confirmed as attorney general, I will certainly review and evaluate those policies, including the original justifications for the memorandum, as well as any relevant data and how circumstances may have changed or how they may change in the future.”

Amid the tension between state and federal law, the cannabis industry has struggled to access banking and insurance services widely available to most U.S. businesses. Trump’s nomination of Sessions was widely seen as a potential setback to the industry as companies and their lawyers navigate new regulatory schemes on the state level—and keep an eye on federal authorities.

Sessions at his confirmation hearing indicated he would not vigorously enforce marijuana laws in states where the drug has been legalized, saying it would be “a problem of resources for the federal government.”

Still, Sessions said, “I won’t commit to never enforcing federal law.”

In his written response to Feinstein, Sessions noted that former Attorney General Loretta Lynch had said during her confirmation hearing that federal law still criminalizes the possession and distribution of marijuana.

“I echo Attorney General Lynch’s comments, and commit, as she did, to enforcing federal law with respect to marijuana, although the exact balance of enforcement priorities is an ever-changing determination based on the circumstances and the resources available at the time,” Sessions wrote.

Sessions submitted answers this month to other members of the Senate Judiciary Committee as they weigh his nomination.

After two decades in the Senate, Sessions’ concerns about Barack Obama’s immigration policies and tough voting rights enforcement are well-known. His approach to white-collar enforcement is more of a question mark. While he walked away from some questions by saying he had not “devoted any study” to the issues raised, his answers in other instances begin to shed light on his approach to white-collar enforcement. What follows are highlights from the newly released Sessions questionnaires.

Foreign Corrupt Practices Act enforcement

Trump has been on the record saying the Foreign Corrupt Practices Act “is a horrible law and it should be changed.” Sen. Sheldon Whitehouse, D-Rhode Island, took a different view in his questionnaire to Sessions, describing the anti-bribery law as one tool that maintains a level playing field for small and midsize corporations doing business overseas.

Does Sessions want to continue the Obama administration’s aggressive enforcement of that law and the International Anti-Bribery Act of 1998?

“Yes, if confirmed as attorney general, I will enforce all federal laws, including the Foreign Corrupt Practices Act and the International Anti-Bribery Act of 1998, as appropriate based on the facts and circumstances of each case,” Sessions wrote in response to Whitehouse.

Trump and conflicts of interest

Since taking office, Trump has refused to divest business interests that have given rise to allegations that he’s benefiting financially from the presidency. This week, a federal suit filed in New York alleged Trump was violating the Constitution by allowing his hotels and other businesses to accept payments from foreign governments.

Sen. Chris Coons, D-Delaware, had earlier asked Sessions about his views on the Constitution’s emoluments clause and whether it would prevent Trump and his family from doing business with foreign governments after the inauguration.