The Cole Memorandum was a
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
memorandum issued August 29, 2013, by
United States Deputy Attorney General James M. Cole
James Michael Cole (born May 2, 1952) is an American attorney who served as United States Deputy Attorney General from December 29, 2010 to January 8, 2015. He was first installed as Deputy Attorney General following a recess appointment by Presid ...
during the
presidency of Barack Obama. The memorandum, sent to all
United States Attorneys
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
, 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 ... implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana," except where a lack of federal enforcement would undermine federal priorities (such as preventing violence in marijuana cultivation and distribution, preventing
cannabis impaired driving, and preventing marijuana revenues from going to gangs and cartels).
The Cole Memorandum was rescinded by Attorney General
Jeff Sessions
Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United States ...
in January 2018, during the
presidency of Donald Trump
Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory ...
.
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.
Issuance
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. Ogden directing U.S. Attorneys in the Western United States to "not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana". The 2013 memorandum represented a significant shift of government priorities away from strict enforcement of federal cannabis prohibition and toward a more hands-off approach in the case of "jurisdictions that have enacted laws legalizing marijuana in some form and that have also implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale and possession of marijuana." Indeed, Cole's memo went so far as to state that "a robust system may affirmatively address
ederalpriorities by, for example, implementing effective measures to prevent diversion of marijuana outside the regulated system and to other states, prohibiting access to marijuana by minors, and replacing an illicit marijuana trade that funds criminal enterprises with a tightly regulated market in which revenues are tracked and accounted for." Since that date, although federal prosecutions have continued in some legalizing states (notably in the
Kettle Falls Five case), the overall number of federal marijuana prosecutions in such states has declined.
Review
States with legalized cannabis were concerned about the incoming
Trump administration
Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory ...
'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 Marijuana
Smart Approaches to Marijuana (SAM, Inc.) is a political organization opposed to marijuana legalization and commercialization. SAM describes itself as a bi-partisan partnership that works with local, state, and federal legislators to create poli ...
requested a review or revocation of the memorandum.[ The federal government's position was vague, with Deputy Attorney General Rod J. Rosenstein saying in mid-June "maybe there will be changes to it he Cole Memorandumin the future, but we're still operating under that policy".][
Around June 2017, a Justice Department task force was convened to review the Cole Memo and other Obama-era decisions; it was headed by Michael Murray, Counsel to Deputy Attorney General Rosenstein.][ The committee's report was finalized June 27, 2017 and released to the public in August when it was found to have "no new policy recommendations", and recommended that the Trump Administration Attorney General "should evaluate whether to maintain, revise or rescind" the memo.][
]
Rescission
The memorandum was rescinded by a one-page memo signed by Attorney General Jeff Sessions on January 4, 2018.[ Governors and United States senators from several states including Alaska, California, Colorado, Nevada, New Jersey, Oregon, Vermont and Washington immediately expressed displeasure at the decision.
Legal and political experts expressed varied reactions to Sessions' 2018 memo. Some said that it would not fundamentally change the existing system, with power to prosecute remaining in the hands of various U.S. Attorneys. Law professor and author Ilya Somin called the decision an "assault on federalism". Political columnist Jacob Sullum said it could be seen as justified reaction to the Obama Administration's use of executive actions.]
Merrick Garland's view
In response to questions posed by Senator Cory Booker
Cory Anthony Booker (born April 27, 1969) is an American politician and attorney who has served as the junior United States senator from New Jersey since 2013. A member of the Democratic Party, Booker is the first African-American U.S. se ...
, President Biden's nominee for United States Attorney General, Merrick Garland, stated during February 2021 congressional testimony that he would reinstitute a version of the Cole Memorandum. He reiterated the statement that the Justice Department under his leadership would not pursue cases against Americans "complying with the laws in states that have legalized and are effectively regulating marijuana", in written responses to the Senate Judiciary Committee provided around March 1.
See also
* Marijuana policy of the Donald Trump administration
The Donald Trump administration took positions against marijuana and against the easing of laws regarding marijuana.Brendan BuresTrump administration doubles down on anti-marijuana position, ''Chicago Tribune'' Content Agency (February 21, 2020). ...
References
Further reading
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External links
Full text of Cole Memorandum
(DOJ)
{{Cannabis in the United States
2013 in cannabis
Cannabis law in the United States
2013 in the United States
Memoranda
Presidency of Barack Obama
Presidency of Donald Trump