what was the stance taken by the office of the attorney general in the cole memo?

by Ms. Alvena Gorczany 5 min read

The memorandum, sent to all United States Attorneys, governed federal prosecution of offenses related to marijuana. The memo stated that given its limited resources, the Justice Department would not enforce federal marijuana prohibition in states that "legalized marijuana in some form and ...

What is the Cole Memorandum for the Department of Justice?

Apr 18, 2017 · The Cole Memo told states that prosecutors and law enforcement should focus on the following priorities to avoid federal interference: Prevent distribution of cannabis to minors. Prevent cannabis revenue from funding criminal enterprises, gangs or cartels. Prevent cannabis from moving out of states where it is legal.

What is the Cole memo 2013?

Jan 04, 2018 · The memo issued today specifically mentioned three memos written by former Deputy Attorney General James M. Cole, and memos written by former Deputy Attorney General David W. Ogden and Former Director of the Executive Office for U.S. Attorneys, Monty Wilkinson.

What does the memorandum to the Attorney General say about marijuana?

Jan 04, 2018 · The Cole Memorandum set forth the Obama administration’s priorities regarding the cultivation, processing and sale of cannabis and effectively stated that the federal government would not interfere with those operating under state law, as long as those priorities, including among others, preventing organized crime, sales to minors, and money laundering …

What is the Cole memo and how does it relate to cannabis?

Jan 04, 2018 · Sessions is rescinding that memo, written by then-Deputy Attorney General James M. Cole, which had cleared up some of the uncertainty about how the federal government would respond as states began ...

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What was the stance taken by the Office of the Attorney General in the original Cole Memo?

While the memo (signed by then United States Deputy Attorney General James M. Cole) reiterates the view that marijuana is a “dangerous drug” and federally illegal under the Controlled Substances Act, it provided some comfort to the cannabis industry by offering some restraint in terms of enforcement of the prohibition.

What did the Cole Memo do?

Fundamentally, the memo lays out expectations for federal prosecutors and law enforcement to follow in states with legal cannabis programs. It encourages them to use federal government resources to address threats “in the most effective, consistent, and rational way.”Dec 21, 2020

What did the Cole Memo say?

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 are the Cole Memo priorities?

The Cole Memo Priorities include preventing the distribution of marijuana to minors, preventing revenue from the sale of marijuana from going to criminal enterprises, preventing the diversion of marijuana from states where it is legal under state law in some form to other states, and preventing state-authorized ...Apr 24, 2020

What is the Cole Memo quizlet?

Cole Memo. drafted by attorney general in 2013. Obama era guidance saying that federal officials should only focus on certain priorities(eg. distribution to minors, gangs)

Is the Cole Memorandum 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.

Why 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

Who is the current attorney general?

The current Attorney General is Mr. Godfred Yeboah Dame. He was appointed by President Nana Addo Danquah Akufo-Addo in 2021.

What is the Ogden memo?

The Ogden Memo In 2009, following the effort in several states to legalize the use of marijuana for medical purposes, the U.S. Department of Justice's Deputy Attorney General David W. Ogden issued a memo to all U.S. attorneys.Mar 6, 2018

What is the primary BSA and anti money laundering agency?

In its mission to "safeguard the financial system from the abuses of financial crime, including terrorist financing, money laundering and other illicit activity," the Financial Crimes Enforcement Network acts as the designated administrator of the Bank Secrecy Act (BSA).

What are the 3 levels of activity for filing a SAR for an MRB?

SAR reporting for MRBs is categorized under three key phrases that denote the type of activity involved: (1) marijuana limited; (2) marijuana priority; and (3) marijuana termination.

Are suspicious activity reports discoverable?

Law enforcement and regulatory agencies consider it important that banks report potentially suspicious activity freely, comprehensively and without fear of reprisal. For this reason, regulatory agencies have been sup- portive of banks' preference that SARs not be subject to discovery by civil lit- igants.

What is the Cole Memo?

The Cole Memo told states that prosecutors and law enforcement should focus on the following priorities to avoid federal interference: Prevent distribution of cannabis to minors. Prevent cannabis revenue from funding criminal enterprises, gangs or cartels. Prevent cannabis from moving out of states where it is legal.

What are the best ways to prevent drugged driving?

Prevent drugged driving or exacerbation of other adverse public health consequences associated with cannabis use. Prevent growing cannabis on public lands. Prevent cannabis possession or use on federal property (national parks, government property, etc.)

Is cannabis still a Schedule I drug?

The truth is, systems like ours are the only reason the cannabis industry is able to exist as long as cannabis is still considered a schedule I drug by the federal government. With recent comments from the Trump administration, there’s a lot of uncertainty surrounding the future of the industry.

Is the Cole Memo legal?

In short, the Cole Memo is the only thing standing between the legal cannabis industry and federal enforcement, so needless to say, it’s pretty important. In 2013, Colorado and Washington began implementing legal, regulated cannabis industries in their respective states after voters approved the measures to tax and regulate the growth, ...

Who is rescinding the Cole memo?

Editor’s note: This story will be updated throughout the day Thursday following reports that US Attorney Jeff Sessions is rescinding the Cole memo, an Obama-era policy that protected state-legal cannabis from interference by federal law enforcement.

Who is the sponsor of the Marijuana Justice Act?

Update, 1:09 p.m. PST — Sen. Cory Booker, sponsor of the Marijuana Justice Act, which would end prohibition nationwide, is currently making the case for legalization, and against the Sessions move, on the floor of the US Senate:

What is leafly cannabis?

Leafly is the world’s largest cannabis information resource, empowering people in legal cannabis markets to learn about the right products for their lifestyle and wellness needs. Our team of cannabis professionals collectively share years of experience in all corners of the market, from growing and retail, to science and medicine, to data and technology.

Who owns Alternative Herbal Health Services?

Jason Beck , owner of Alternative Herbal Health Services, in West Hollywood, has operated the shop as a medical dispensary since 2004 and just introduced adult-use sales on Tuesday. While people who are new to the cannabis industry are “freaking out” over Sessions’ decision, he said it’s par for the course for industry veterans like himself. He described the memo as “more rhetoric” and “lip service.” He added: “I’ve been raided three times already by the federal government, so I already know what time it is.”

Has Massachusetts changed its policy on cannabis?

Update, 10:27 a.m. PST — Massachusetts cannabis regulators say “nothing has changed” for them after a shift in official US policy toward legal cannabis. The Cannabis Control Commission said Thursday it will continue to fulfill the will of voters by implementing the state law that allows for the sale of adult-use cannabis.

Is Jeff Sessions rescinding the Obama policy?

WASHINGTON — Attorney General Jeff Sessions is rescinding the Obama-era policy that had paved the way for legalized marijuana to flourish in states across the country, two people with knowledge of the decision told The Associated Press. Sessions will instead let federal prosecutors where pot is legal decide how aggressively to enforce federal marijuana law, the people said.

Is it legal to grow marijuana in California?

The move by President Donald Trump’s attorney general likely will add to confusion about whether it’s OK to grow, buy, or use marijuana in states where cannabis is legal, since long-standing federal law prohibits it. It comes days after adult-use cannabis shops opened in California, launching what is expected to become the world’s largest market for legal recreational marijuana, and as polls show a solid majority of Americans believe the drug should be legal.

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Overview

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. The memo stated that given its limited resources, the Justice De…

Issuance of the Cole Memorandum

On August 29, 2013, the Department of Justice published a memorandum authored by Cole which described a new set of priorities for federal prosecutors operating in states which had legalized the medical or other use of marijuana. The "Cole memo" followed a 2009 memorandum from Deputy Attorney General David W. Ogdendirecting U.S. Attorneys in the Western United States to "not fo…

Review and rescission

States with legalized cannabis were concerned about the incoming Trump administration's handling of the Cole Memo and their congressional representatives and governors saw Attorney General Jeff Sessions as adamantly opposed to its continuation. Anti-legalization groups like Smart Approaches to Marijuanarequested a review or revocation of the memorandu…

See also

• Marijuana policy of the Donald Trump administration

Further reading

• Josh Gerstein; Cristiano Lima (January 4, 2018), "Sessions announces end to policy that allowed legal pot to flourish: DOJ leaders said the Obama-era policies made marijuana industry players too comfortable.", Politico
• Robert McVay (January 5, 2018), "What You Need to Know Now: An Analysis of the Sessions Marijuana Memo", Canna Law Blog, Harris Bricken Law Group

External links

• Full text of Cole Memorandum (DOJ)