what did the u.s. attorney general state in 2009 referencing marijuana

What is the Department of Justice’s role in the marijuana case?

Dec 24, 2016 · What did the U.S. Attorney General state in 2009 referencing marijuana? a. the laws of interstate commerce allow the sale of medical marijuana provided. that taxes are paid to the appropriate states whenever state lines are crossed.

How did the CSA overtake state medical marijuana laws in California?

Oct 19, 2009 · October 19, 2009. Today Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes. Those guidelines are contained in a memo from Deputy Attorney General David W. Ogden which was sent to United States Attorneys this morning.

What is the power of a US Attorney?

What did the U.S. Attorney General state in 2009 referencing marijuana? the government would no longer spend time and money to prosecute in states that have legalized medical marijuana. What type of legislation did the Marijuana Tax Act of 1937 lead to?

How are United States Attorneys invested by statute and delegation?

Mar 01, 2009 · In a major policy change, U.S. Attorney General Eric Holder has indicated that the Justice Department will end raids on pot dispensaries in California and allow states to set its own marijuana laws without further interference from the federal government. It is ironic that it took a liberal president to reinstate the guarantees of states rights in this area.

What was the Ogden memo?

“On October 19, 2009, Deputy Attorney General David Ogden issued a memorandum (the “Ogden Memorandum”), that gave U.S. Attorneys 'guidance and clarification' on how to enforce the Controlled Substances Act in states where medical marijuana had been legalized.

How does the Supremacy Clause of the United States Constitution affect the marijuana industry?

While marijuana possession and distribution is a federal crime under the Controlled Substances Act (CSA) and the Supremacy Clause of the United States Constitution provides that federal law is the “supreme Law of the Land,” [1] that is not the entire story: The U.S. system of government is one of dual sovereignty where ...

Does the Full Faith and Credit Clause apply to marijuana?

The federal courts are not helpful to marijuana (at all). The issuance and recognition of marriage licenses fall under the Constitution's full faith and credit clause, but recommendations to use marijuana for medical purposes does not.Sep 15, 2015

When was the Cole memo rescinded?

January 4, 2020 marked the two year anniversary of the “Sessions Memorandum” in which (then) Attorney General Jeff Sessions rescinded the Cole Memorandum and other Obama era DOJ guidance which essentially stated that DOJ would not prosecute state-compliant marijuana-related activity.Jan 6, 2020

What is an example of the Supremacy Clause coming up in a conflict between state & federal law?

A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. She may challenge the state law on the basis that it is preempted by federal law, and therefore violates the Supremacy Clause of the U.S. Constitution.Jun 2, 2017

What happens when federal and state law contradict each other what clause in the Constitution addresses this issue?

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.

How does the legalization of marijuana showcase federalism despite going against the Supremacy Clause )?

The legalization of marijuana federalism showcases federalism because twenty-six states have passed statutes that legalize marijuana to some extent, while some have legalized it for recreational use and others have only legalized it for medical purposes.

Are states that legalized marijuana in violation of the Supremacy Clause contained in Article VI of the United States Constitution Why or why not?

Justice Stevens explained in Raich: The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. However, the Supremacy Clause does not require California, or any other state, to enact laws criminalizing marijuana.Aug 17, 2016

What powers do the states have to regulate or prohibit?

What type of powers do the states have to regulate or prohibit private activities? State police powers only authorize state police forces. Police powers include not only police forces, but the promotion of health, safety, and general welfare. See The Constitutional Powers of Government.

Is the Cole memo technically still in effect?

The Cole Memorandum was rescinded by Attorney General Jeff Sessions in January 2018, during the presidency of Donald Trump. In response to this, the Sensible Enforcement of Cannabis Act was introduced as a way of enshrining into law the protections offered by the memo.

Did the Cole memo change any laws?

There has been no updated memorandum about marijuana. At the federal level, however, profound change is afoot. On December 4, 2020, the House of Representatives overwhelmingly voted in favor of the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act.Dec 21, 2020

What did the Cole memo tell states?

The Cole Memo indicated for the first time that the federal government would only intervene in states that failed to prevent criminal involvement in the market, sales to youths, and illegal diversion to other states. The first four states to legalize adult-use cannabis were Colorado, Oregon, Washington, and Alaska.

What was the first federal restriction on the use of marijuana?

The Marijuana Tax Act of 1937 was the first federal restriction on the herb’s use and distribution. 10 It imposed a $1 per ounce tax on marijuana purchased for medical purposes and $100 per ounce for any other purchases. In an early example of the health care policy chicanery that today’s physicians know all too well, the act imposed sufficiently onerous paperwork requirements for medicinal use that physicians ceased prescribing the herb shortly after its enactment. 11

When was the marijuana memo issued?

On October 19, 2009, the Office of the Deputy US Attorney General issued a memorandum, “Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana.”1 The memo announced a federal policy to abstain from investigating or prosecuting “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” The memo made clear, however, that it did not “legalize marijuana or provide a legal defense to a violation of federal law.” Rather, it was “intended solely as a guide to the exercise of investigative and prosecutorial discretion.”