silikonresources.blogg.se - Cole memoranda

Without the Cole Memorandum, the only protection the cannabis industry has against DOJ prosecutions is the Rohrabacher-Blumenauer Amendment to the annual appropriations bill which only protects medical cannabis – not recreational. This means that there can be disparity between states depending on how this discretion is exercised. Sessions has clearly signaled that prosecution for cannabis-related activities will be left to the discretion of the U.S. The purpose of Sessions’ memorandum is clearly to rescind all of these memoranda and apply the same standard for prosecution to cannabis cases as is applied to all other matters before the DOJ.Īs of this action by Sessions, uncertainty for recreational cannabis is a reality. Sessions’ statement specifically called out previous memoranda dealing with cannabis enforcement, including the Ogden Memo of 2009, the Cole Memorandum and several supplemental memoranda published by Cole, including a 2014 memorandum addressing marijuana and financial crimes and a 2014 memorandum addressing “ marijuana in Indian Country.” Each of these memoranda took the same principles of the Cole memorandum and applied them in different contexts. Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country." He further went on to say: “Therefore, today's memo on federal marijuana enforcement simply directs all U.S. Given the Department’s well-established general principles, nationwide guidance specific to marijuana enforcement is unnecessary and is rescinded, effective immediately.” "In deciding which marijuana activities to prosecute under these laws with the Department’s finite resources, prosecutors should follow the well-established principles that govern all federal prosecutions. In rescinding the Cole Memorandum, Sessions issued his own memorandum and stated:

Marijuana possession on federal property.

Drugged driving and other adverse public health consequences.

Trafficking of other illegal drugs or illegal activity.

Marijuana proceeds funding criminal enterprises.

The DOJ would, instead, focus its cannabis-related enforcement activities and prosecution on eight categories of activities outside of state-legal programs: Under the Cole Memorandum, the DOJ stated it would not prosecute individuals and companies complying with robust and well-enforced state legalization programs.

The decision deals a significant setback to the recreational cannabis industry nationwide while medical cannabis remains protected by other legislation. The Cole Memorandum established internal “enforcement priorities” within the Department of Justice and was the sole policy protecting recreational cannabis from federal prosecution. 4, 2018 – just four days after recreational cannabis became legal in California – Attorney General Jeff Sessions rescinded the long-standing “ Cole Memorandum” issued in 2013 by Deputy Attorney General James M.