DOJ Rescinds Cole Memo

(Spring 2018) In January the Department of Justice (DOJ) reversed the prior administration’s stance on marijuana enforcement. In 2013, what became known as the Cole memo instructed prosecutors, with regard to medical marijuana, to concentrate on specific infractions, such as minors purchasing marijuana or individuals trafficking the drug across state borders. Conversely, the Cole memo steered prosecutors away from taking legal action against businesses and individuals abiding by state law.

The recent DOJ memo, signed by Attorney General Jeff Sessions, changed this approach. Although the announcement directs prosecutors to use standard practices for federal cases, it does not outline a strategy for ways in which the federal government will impose federal cannabis laws in states that have legalized the drug. A lawyer specializing in marijuana cases in Colorado and California says he believes that the status quo will hold, even with the new Sessions memo.

The directive may change some situations, though. For example, it could cause large businesses that have been toying with the idea of investing in the marijuana sector to back off due to potential legal consequences. Additionally, individuals involved in small operations could find themselves in jail if prosecuted.

Perhaps seen as good news to many right now in the marijuana industry, the Drug Enforcement Agency (DEA) says that opioid trafficking takes precedence over tightening up on cannabis, given the department’s stretched resources.

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