Can Washington’s Marijuana Laws Withstand the Trump Admin?

Washington state has had its fair share of difficulty with the DEA and feds since it began legalization efforts. One medical marijuana patient told his tale of the raiding of his personal, and legal grow. All of John Novak’s paperwork was in order, legal and proper, yet his plants were chopped down and nearly all of his medicine was taken.

Someone tipped off law enforcement officials, suggesting that his collective garden was a disguise for a garden variety dealer, according to Truth-Out. A former friend made the allegations against Novak. The claims were that Novak was exposing children to drugs, polluting a stream and drug sales.

When authorities realized that they’d been had, they were still rude to Novak. When they were leaving, Novak mentioned that he would experience seizures again (within a day or two) without his medical marijuana. So, one officer tossed a baggie with about a quarter-ounce in it, and a few seeds at him.

The officer said, “Here you go, start over.”

It was about 45 minutes into the raid when authorities realized they were raiding this man for no reason.

Novak said, “I didn’t have to go to jail, they didn’t shoot my dog, nobody got killed, nothing like that. But at the same time, they came in and took whatever they wanted. They still chopped down all the plants, took all our dried flower, took our medical documents.”

Raids have taken place throughout Washington state, of legally operating businesses. The marijuana industry in the state continues to remain strong, sustainable and profitable. Many wonder if the state’s industry can survive another round if the Trump administration chooses to crackdown on state-adopted marijuana legalization regulations. Most believe that as long as the 2013 Cole Memo is upheld that there will be no worries. Recent comments suggest that even the Attorney General now understands that the DEA is understaffed and poorly funded, and cannot take on the legal marijuana market.

Alex Kreit said, “There’s a principle in constitutional law called the anti-commandeering principle, which basically says the federal government can’t force states into doing things. That anti-commandeering principle is a big part of what has allowed state medical, and now recreational, marijuana laws to move forward without being preempted by federal drug laws.”

If a new battle begins, Washington lawmakers are prepared for the battle.