Senator Gardner (R-CO) accomplished his goal, I think, as Ilya Somin reports on The Volokh Conspiracy:
For reasons I outlined in a previous post on Senator Gardner’s efforts on this issue, the passage of the STATES Act would be an important victory for both marijuana legalization and federalism. Nine states and the District of Columbia have already legalized recreational marijuana, and twenty-nine states and DC have legalized medical marijuana. Both figures are highly likely to increase. In all of those jurisdictions, the STATES Act would largely eliminate the federal ban on marijuana possession and distribution. Gardner and [Senator Elizabeth Warren (D-MA)] deserve credit for reaching across partisan lines to make progress here. …
The introduction of this legislation is the result of a deal Senator Gardner struck with President Donald Trump in April. In January, Attorney General Jeff Sessions ended an Obama-era policy that limited federal prosecution of marijuana user and distributors in states that had legalized pot under their own state laws. In retaliation, Gardner, who represents the first state that legalized recreational marijuana, held up Trump Administration nominees for Justice Department posts in order to pressure Sessions into reversing his decision. Under the deal, Gardner lifted his blockade on the Justice Department nominees and Trump apparently agreed to support the passage of legislation similar to that which Gardner and Warren have now introduced.
And, later, Trump public announced his support – for what it’s worth. I suppose this will guarantee Gardner’s reelection in 2020, especially if it passes the House as well.
But I remain sad that the judicial confirmation process was held hostage by Gardner, and is not respected on its terms for what it is, the manner in which the third leg of the stool of government is populated. Gardner has basically said he’ll return to being a rubber stamp for Trump’s nominees, rather than demanding the best and brightest.
All the pot in the world won’t make that nightmare go away.
