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Has the Cole Memo been rescinded?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4, 2020 marked the two year anniversary of the “Sessions Memorandum” in which (then) Attorney General Jeff Sessions rescinded the Cole Memorandum and other Obama era DOJ guidance which essentially stated that DOJ would not prosecute state-compliant marijuana-related activity.

What happened with the more act?

The MORE Act passed the House with a vote of 219-202 along party lines, carried by Democrats. Unfortunately, with no Republican support on record the prospects for the MORE Act are not promising.

What is 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.

Did the Senate pass the inflation reduction bill?

Charleston, WV – Today the U.S. House of Representatives passed U.S. Senator Joe Manchin's (D-WV), Chairman of the Senate Energy and Natural Resources Committee, Inflation Reduction Act of 2022.

What is the MORE Act 2021?

This bill decriminalizes marijuana. Specifically, it removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana.

What is the Cole amendment?

The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, governed federal prosecution of offenses related to marijuana.

Is the Cole Memo technically still in effect?

Under the Trump Administration, that memo was rescinded in January 2018 by then-Attorney General, Jeff Sessions.

What did the Cole Memo tell states?

Cole issued the memo for US district attorneys who were negotiating the tightrope between honoring new state cannabis laws and upholding the national Controlled Substances Act. Fundamentally, the memo lays out expectations for federal prosecutors and law enforcement to follow in states with legal cannabis programs.

Why is the MORE Act important?

The MORE Act would create the Office of Cannabis Justice to oversee the social equity provisions in the law. The bill would ensure the federal government could not discriminate against people because of cannabis use, including earned benefits or immigrants at risk of deportation.

What does the MORE Act stand for?

Marijuana Opportunity Reinvestment and Expungement ActThe Marijuana Opportunity Reinvestment and Expungement Act, also known as the MORE Act, is a proposed piece of U.S. federal legislation that would deschedule cannabis from the Controlled Substances Act and enact various criminal and social justice reforms related to cannabis, including the expungement of prior ...

What is the states Reform Act?

protects children and adults under 21 from cannabis products and cannabis advertising. It imposes a nationwide 21-year age limit for cannabis consumption (with an exception for medical use consistent with state programs and medical recommendations).

How long can a bill sit in the Senate?

7. Once released, the bill goes to the Senate floor for consideration. Bills are voted on in the Senate based on the order in which they come from the committee; however, an urgent bill may be pushed ahead by leaders of the majority party. When the Senate considers the bill, they can vote on it indefinitely.

What did Sessions say about marijuana?

Sessions rescinded the prior DOJ marijuana-guidance through a one page memorandum to all U. S. Attorneys entitled “Marijuana Enforcement.” Sessions’ memorandum refers to the Controlled Substances Act and federal anti-money laundering statutes, and notes that those statutes, “reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime.” It goes on to state that “ [i]n 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” as set forth in the U.S. Attorneys’ Manual. “These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes in the community.”

When did the Cole Memo end?

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided marijuana participants with a perceived notion of protection from federal intervention in an otherwise legally murky industry, and permitted the industry to expand to 29 states and the District of Columbia over the last several years. Sessions’ reversal undercuts whatever comfort the industry enjoyed and injects a level of legal uncertainty, not only for the marijuana industry but also for businesses that provide services to the industry, which has not been seen since 2013.