Well, that didn't take long. Andrew Lelling, our new US Attorney, issued a statement today saying he might just take Jeff Sessions up on his offer to arrest people in the nascent legal (under state law, anyway) marijuana trade:
I understand that there are people and groups looking for additional guidance from this office about its approach to enforcing federal laws criminalizing marijuana cultivation and trafficking. I cannot, however, provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.
Lelling said federal law still makes marijuana illegal and now that the Sessions has revoked an Obama-administration edict declaring state-authorized marijuana sales basically OK, he can't just sit idly by and let the laws of the realm be ignored. Still, he added, resources are limited and he'll be taking the matter up on a case by case basis:
As a law enforcement officer in the Executive Branch, it is my sworn responsibility to enforce that law, guided by the Principles of Federal Prosecution. To do that, however, I must proceed on a case-by-case basis, assessing each matter according to those principles and deciding whether to use limited federal resources to pursue it.
Deciding, in advance, to immunize a certain category of actors from federal prosecution would be to effectively amend the laws Congress has already passed, and that I will not do. The kind of categorical relief sought by those engaged in state-level marijuana legalization efforts can only come from the legislative process.