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There are notable differences, however, between immigration laws and drug laws. Immigration is a strictly federal issue, and state and local governments should not be involved in enforcement — it’s not their job. On drug enforcement, however, there is considerable overlap. Local authorities often work with federal agencies on investigations that may uncover both state and federal violations, such as money laundering, diverting marijuana out of state for sales, and environmental damage from outdoor pot farms. The Jones-Sawyer bill would likely bar such cooperation if the target of the investigation is a licensed cannabis business in California. But just because an entity is licensed doesn’t mean it is following the law. State lawmakers in Washington and Colorado also considered sanctuary-like bills this year that would have barred local law enforcement and other public employees from assisting in federal crackdowns on people engaging in the marijuana activities the state had authorized. Colorado’s bill died amid concerns that it could make it too difficult to conduct joint investigations into marijuana operations that were suspected of violating state laws in addition to federal ones. Washington’s bill was spiked because of worries that it might antagonize and provoke the federal government — a fear echoed by the California League of Cities and other groups. Oregon, meanwhile, passed a law that bars pot shops from keeping customer data, lest the federal government attempt to subpoena that information. The federal government has certainly exercised ham-handed enforcement in the past, including targeting medical marijuana businesses that were authorized by their states. California lawmakers are right to be wary, and if Trump and Sessions do try to wreak havoc on cannabis users and businesses that abide by state law, legislators may ultimately have to respond. But rather than pick a fight now with the Trump administration that they may lose, legislators would do better to partner with other anti-prohibition states to lobby for a revision of federal marijuana laws or at least for a permanent federal policy shielding states with responsible cannabis regulatory regimes from federal enforcement.
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