A Report on Cole Memo violations
A Report on Cole Memo violations:
S. Department of Justice issued guidance to federal prosecutors regarding marijuana enforcement under the Controlled Substances Act. Then, in August 2013, James M. Cole, the Deputy Attorney General, issued new guidance regarding marijuana enforcement. This memo is currently written and referred to as the “Cole Memo.”
The Cole Memo, states that the Department of Justice is committed to enforcing the CSA. In enforcing the CSA, the Departments of Justice is placed enforcement on the following priorities: preventing the distribution of marijuana to minors, preventing revenue from the sale of marijuana from going to criminal enterprises, games, and cartels, preventing the diet version of marijuana from states where it is legal under state law in some form to other states, preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity, preventing violence and the use of firearms in the cultivation and distribution of marijuana, preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use, preventing the growing of marijuana on public lands in the attendant public safety and environmental dangers posed by marijuana production on public lands, and preventing marijuana possession or use on federal property.
Essentially, the Cole Memo states that jurisdictions that have legalized marijuana in some form are less likely to be a threats to the federal priorities under the CSA if they have implemented strong and effective regulatory and enforcement systems to control marijuana growth and distribution. The Cole Memo also gives wide prosecutorial discretion whether to prosecute state legal marijuana enterprises and hinted that it is probably not efficient use of federal resources to focus enforcement on state legal businesses.