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 Department would not enforce federal marijuana prohibition in states that "enacted laws legalizing 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). [1] [2]
The Cole Memorandum was rescinded by Attorney General Jeff Sessions in January 2018, during the presidency of Donald Trump. [3] [4]
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. [5] 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". [6] 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 [federal] priorities 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.
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. [7] [8] Anti-legalization groups like Smart Approaches to Marijuana requested a review or revocation of the memorandum. [9] 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 [the Cole Memorandum] in the future, but we're still operating under that policy". [10]
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. [11] [12] 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. [13] [14] [15]
The memorandum was rescinded by a one-page memo signed by Attorney General Jeff Sessions on January 4, 2018. [4] 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. [16]
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. [17] Law professor and author Ilya Somin called the decision an "assault on federalism". [18] Political columnist Jacob Sullum said it could be seen as justified reaction to the Obama Administration's use of executive actions. [19]
In response to questions posed by Senator Cory Booker, President Biden's United States Attorney General, Merrick Garland, stated during February 2021 congressional testimony that he would reinstitute a version of the Cole Memorandum. [20] 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. [21]
Jefferson Beauregard Sessions III 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 senator from Alabama from 1997 to 2017 before resigning that position to serve as attorney general in the administration of President Donald Trump. Trump fired Sessions in 2018 due to his inaction and recusal from the Russian collusion probes.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, the U.S. Department of Justice initiated 2024 rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act. The majority of 2024 public comments supported descheduling, decriminalizing, or legalizing marijuana at the federal level.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
The Rohrabacher–Farr amendment is legislation introduced by U.S. Representative Maurice Hinchey in 2001, prohibiting the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. It passed the House in May 2014 after six previously failed attempts, becoming law in December 2014 as part of an omnibus spending bill. The passage of the amendment was the first time either chamber of Congress had voted to protect medical cannabis patients, and is viewed as a historic victory for cannabis reform advocates at the federal level. The amendment does not change the legal status of cannabis, however, and must be renewed each fiscal year in order to remain in effect.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Chris Bartkowicz is a state-licensed medical marijuana care-giver who was raided and arrested on the order of Denver area DEA agent Jeffrey Sweetin on February 12, 2010 after accepting an invitation by 9NEWS to do an interview about being a Colorado medical marijuana care-giver.
James Michael Cole 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 President Barack Obama on December 29, 2010. He then was confirmed by the United States Senate in a 55–42 vote on June 28, 2011.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.
Cannabis on American Indian reservations was historically regulated under United States federal law. However, the August 2013 issuance of the Cole Memorandum opened discussion on tribal sovereignty pertaining to cannabis legalization. A clarifying memo in December 2014 stated that the federal government's non-interference policies that applied to the 50 states, would also apply to the 326 recognized American Indian reservations. Reservations are therefore able to independently regulate cannabis possession and sale irrespective of laws in any bordering US states.
The first Donald Trump administration (2017–2021) took positions against marijuana and against the easing of laws regarding marijuana. Although Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws.
Billy John Williams is an American attorney who served as the United States attorney for the District of Oregon from 2015 to 2021. He was most recently confirmed to the position by the U.S. Senate in March 2018. Williams was originally named Acting U.S. Attorney of the district in April 2015 and was appointed to the position by Chief U.S. District Judge Michael W. Mosman in February 2016. In November 2017, Williams was nominated by President Donald Trump to retain the position. His nomination was supported by Jeff Merkley and Ron Wyden, Oregon's U.S. Senators.
During the presidency of Barack Obama, the government eased enforcement of federal marijuana laws in U.S. states permitting cannabis use. This also applies to the every other administration before him including Nixon administration.
The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act was a bill proposed in the 115th United States Congress that would recognize legalization of cannabis and the U.S. state laws that have legalized it through their legislatures or citizen initiative. It was introduced on June 7, 2018, by Senators Cory Gardner and Elizabeth Warren. A companion bill was introduced the same day in the House of Representatives, sponsored by Earl Blumenauer and David Joyce. The act would amend the Controlled Substances Act of 1970 to exempt from federal enforcement individuals or corporations in states who are in compliance with U.S. state, U.S. territory and the District of Columbia, or tribal law on cannabis, with certain additional provisions such as minimum ages. The banking provisions of the STATES Act have been reintroduced as the Secure and Fair Enforcement (SAFE) Banking Act of 2019 in the 116th U.S. Congress by Ed Perlmutter in the House, and by Jeff Merkley in the Senate. As of September 18, 2019, the House bill had 206 cosponsors, and the Senate bill had 33 cosponsors.
U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.
[T]he Obama administration's prosecutorial restraint, as a solution to the conflict between state and federal marijuana laws, was vastly inferior to legislation making the federal ban inapplicable to people who comply with state law.