Federal Government Aiming to Crackdown on Legal Marijuana States

In January 2018, the federal government took a step in the wrong direction on its policy toward legal marijuana. Attorney General Jeff Sessions rescinded the Cole Memo, a policy established by the previous Obama administration.

The Cole Memo outlined the priorities that prosecutors and law enforcement should follow in states with legal marijuana. Most of these provisions addressed clearly illegal activity. For example, they focused on selling to minors, driving under the influence, and illegal trafficking.

A Return to Prohibition

This announcement was unexpected. Moreover, it felt like a slap in the face to the marijuana industry. That industry has worked diligently to legitimize legal cannabis. At the time, Attorney General Jeff Sessions issued the following statement.

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission.”

As a result, marijuana cultivators, manufacturers, and retailers immediately voiced concern. Many feared raids from the DEA. After all, they had gone to great lengths to operate well within state and local law.

Fighting Back

In the days that followed, both Republican and Democratic senators have expressed their disappointment in the new memorandum. Senator Cory Gardner of Colorado took to the Senate floor to address the decision. In addition, he called out Attorney General Jeff Sessions for going back on his word.

It did not take long for Nevada Senator Dean Heller to make his opinion known.

“Knowing Attorney General Sessions’ deference to states’ rights, I strongly encourage the DOJ to meet with Governor Sandoval and Attorney General Laxalt to discuss the implications of federal marijuana enforcement policy. I also urge the DOJ to work with the congressional delegations from states like Nevada that have legalized marijuana to protect those who are in compliance with Colorado laws.”

California Attorney General Xavier Becerra also pledged to protect the interests of California. He spoke just days after recreational use was legalized there. Washington state’s governor made similar remarks, as the cannabis community continued to unite against the new memo. Congress could also weigh in soon. Several lawmakers, including Senator Elizabeth Warren, suggested that the Cole Memo be reinstated.

In short, Attorney General Jeff Sessions may have poked the bear that is the marijuana industry. As a result, he will likely feel the backlash for this hastily made decision. For now, virtually all states with legal medical or recreational marijuana have promised to protect voters, distributors, and retailers. Business will continue as usual. However, if federal law enforcement intervenes, it could add fuel to an already raging fire.

Editor’s note: This article reports events from January 2018. Federal cannabis policy has continued to evolve in the years since; for the current federal position, consult the U.S. Department of Justice.