Jeff Sessions Rescinds Federal Protections on State Cannabis Laws

Widespread fears of a potential federal crackdown on state cannabis laws have been amplified. United States Attorney General Jeff Sessions has rescinded the Cole Memo, the Obama Administration-era policy that prevents funding from being used by federal prosecutors to crack down on states with legal cannabis.

The one-page memo, dated Jan. 4, 2018, rescinds the Cole Memo, which has been in place since 2013. The memorandum was written by former U.S. Deputy Attorney General James Cole in 2013 and was sent to U.S. attorneys in all 50 states.

“In 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,” Sessions wrote.

“Given the Department’s well-established general principles, previous nationwide guidance specific to marijuana enforcement is unnecessary and is rescinded, effective immediately.”

The clear and present danger to cannabis businesses in states that are legal was confirmed by top NORML officials. “By rescinding the Cole Memo, Jeff Sessions is acting on his warped desire to return America to the failed beliefs of the ‘Just Say No’ and Reefer Madness eras,” wrote Erik Altieri, executive director of NORML. “This action flies in the face of sensible public policy and broad public opinion. The American people overwhelmingly support the legalization of marijuana and oppose federal intervention in state marijuana laws by an even wider margin.”

The decision goes against the wishes of many state governors in states that allow cannabis. Recently Washington Gov. Jay Inslee, Colorado Gov. John Hickenlooper, Oregon Gov. Kate Brown and Alaska Gov. Bill Walker  issued a letter to the Sessions urging him to uphold the Cole Memo, which he ignored.

There is a silver lining. The medical cannabis protection of the Rohrabacher-Blumenauer amendment is still in place for the time being.