Sen. Cory Gardner (R-Colorado) tweeted out on Thursday that he plans to block any of President Trump’s nominations for the Justice Department if Attorney General Jeff Sessions rescinds an Obama-era policy that allowed marijuana use to be legal in some states.

“This reported action directly contradicts what Attorney General Sessions told me prior to his confirmation. With no prior notice to Congress, the Justice Department has trampled on the will of the voters in CO and other states,” Gardner said, adding, “I am prepared to take all steps necessary, including holding DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation.”

Marijuana sales and possession are now legal in Colorado.

Gardner reminded Trump that he did take the position that the legalization of marijuana ought to be decided by the states.

The Obama administration’s Cole Memo directed federal prosecutors to evaluate marijuana prosecutions on a case-by-case basis in states where personal use of pot was legalized by voters. The result of the measure was that federal authorities backed off from prosecuting people.

He also shared a video of a reporter asking Trump in July 2016 if he supported the idea of using federal authority to shut down the recreational sale of marijuana in the states.

“I wouldn’t do that, no. I think it should be up to the states, absolutely,” Trump said in 2016.

Gardner tweeted Thursday morning, “@realDonaldTrump had it right. This must be left up to the states.”

The Associated Press speculated on Thursday that Sessions is expected to allow federal prosecutors based in jurisdictions where pot is legal to decide how seriously they will enforce those federal laws, which are superior to state laws, according to the Examiner.

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