On January 10, 2017, during Alabama Senator Jeff Sessions’ confirmation hearing on his appointment as Attorney General, Sessions testified that he “won’t commit to never enforcing federal law” related to marijuana.

Despite his refusal to promise not to prosecute participants involved in state legalized marijuana activity, Sessions did recognize that the Department of Justice has limited investigative and prosecutorial resources, which would ostensibly limit the amount of enforcement that could be accomplished. As such, Sessions testified that he would have to use “good judgment” when deciding how to enforce federal marijuana laws.

In the past, Sessions has been an outspoken opponent of marijuana. In fact, at one point he was reported to have stated that “good people don’t smoke marijuana.” Sessions’ views on legalized marijuana appear to be at odds with views held by Trump. That is, Trump is on record stating that he believes legalized marijuana (at least medical marijuana) should be handled by the states.

The differences in opinions about legalized marijuana between Trump and Sessions leaves an already legally questionable marijuana industry on more unstable ground.