News & Analysis as of

Decriminalization of Marijuana State and Local Government Cole Memorandum

Bradley Arant Boult Cummings LLP

DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case

It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement,...more

Seyfarth Shaw LLP

The Week in Weed: April 2024

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Virginia Governor Youngkin took action on the retail market bill. The Florida Supreme Court handed down...more

Benesch

Cannabis Industry Quarterly Update: Q2 2023

Benesch on

There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

Bradley Arant Boult Cummings LLP

Attorney General Garland Reconfirms the DOJ’s Hands-Off Approach Toward Federal Marijuana Prosecution

Attorney General Merrick Garland has reiterated that the Department of Justice will not prioritize prosecuting marijuana use, a position that Garland expressed during his confirmation hearings. In remarks in front of a Senate...more

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

Butler Snow LLP on

Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Allen Matkins

DBO Issues Guidance To Banks And Credit Unions Serving Cannabis Related Businesses

Allen Matkins on

In the early 1970s, I worked as a petroleum transfer engineer (aka service station attendant). In those halcyon days, we actually pumped the gas for customers, washed their windows and offered to check the oil. I remember one...more

Burns & Levinson LLP

Asset Forfeiture; a Commentary on the Legal Marijuana Industry’s Achilles Heel

Burns & Levinson LLP on

Given the United States’ current political climate, bi-partisan unity has become a seemingly rare occurrence, especially in the country’s highest court. That’s what makes the Supreme Court’s recent decision in Timbs v....more

WilmerHale

Developments in the Marijuana Industry and the Implications for Financial Institutions

WilmerHale on

The myriad—and conflicting—state, federal and international laws governing the burgeoning marijuana industry have created a complicated legal landscape for financial institutions. In the United States, most states have...more

Davis Wright Tremaine LLP

AG Nominee Barr Indicates DOJ Will Continue ‘Hands-Off’ Approach to State-Legal Cannabis Under His Leadership

Since President Trump assumed office in January 2016, there has been substantial concern that the Department of Justice would take a harder line on state-legal cannabis than DOJ’s relatively tolerant approach during the Obama...more

Ballard Spahr LLP

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on

New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Fox Rothschild LLP

Massachusetts U.S. Attorney Issues Guidance, Signaling Good News For Recreational Marijuana Industry

Fox Rothschild LLP on

Entrepreneurs looking to enter Massachusetts’ newly minted recreational marijuana market can sleep a bit easier tonight after a statement from U.S. Attorney Andrew Lelling (the top federal prosecutor for the state) regarding...more

Kelley Drye & Warren LLP

Let The People Decide: President Trump Expresses Support for Bill To Protect State Regulation of Marijuana

Earlier this week, U.S. Senators Cory Gardner (R-Colo.) and Elizabeth Warren (D-Mass.) and U.S. Representatives David Joyce (R-Ohio) and Earl Blumenauer (D-Ore.) introduced the bicameral, bipartisan Strengthening the Tenth...more

Farrell Fritz, P.C.

Cannabis Industry Update – April 2018

Farrell Fritz, P.C. on

With so much happening in the cannabis industry we thought we’d take this time to highlight some of the industry’s most recent happenings. ...more

Cole Schotz

Signs Of Federal Retreat On Legal Cannabis

Cole Schotz on

After months of uncertainty surrounding the enforceability of state marijuana legislation in light of federal prohibitions, President Trump may have offered the legal cannabis industry some solace. Late last week,...more

Farrell Fritz, P.C.

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

Farrell Fritz, P.C. on

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would...more

Burns & Levinson LLP

Marijuana by the Numbers

Burns & Levinson LLP on

As we’ve blogged before, we don’t believe that Attorney General Sessions’ revocation of the Cole Memorandum will have much impact on the regulated, licensed marijuana industry. As of this post, we’ve neither heard nor read of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Attorney General Jeff Sessions Reverses Course on Marijuana Enforcement

On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws. Under the Obama administration, the DOJ adopted a hands-off approach to...more

Best Best & Krieger LLP

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

Just days after the sale of recreational cannabis became legal in California, U.S. Attorney General Jeff Sessions issued a new policy regarding cannabis-related activities that is causing confusion for local governments — and...more

Dickinson Wright

Rescission of Medical Marijuana Memoranda

Dickinson Wright on

Attorney General Jeff Sessions issued a one-page memorandum on January 4, 2018 (the “Sessions Memo”) rescinding both the Cole and Ogden Memoranda which essentially established a Department of Justice (“DOJ”) prosecutorial...more

Holland & Knight LLP

DOJ Memo Clouds Marijuana Industry's Future

Holland & Knight LLP on

• The marijuana industry that was expected to generate roughly $40 billion in economic impact nationwide by 2021 is at a crossroads given a recent move by U.S. Attorney General Jeff Sessions to eliminate certain protections...more

Lowndes

Sessions Memorandum Sends Shockwaves Through Cannabis Industry

Lowndes on

On January 4, 2018, U.S. Attorney General Jeff Sessions issued a memorandum (the “Sessions Memo”) on marijuana enforcement which rescinded the existing Obama-era Cole Memorandum....more

FordHarrison

Will the Justice Department's Attack on Marijuana Impact New Jersey Employers?

FordHarrison on

On January 4, 2018—just days after California began selling recreational marijuana and became poised to become the largest legal market for the drug in the U.S.—the Department of Justice changed tactics on marijuana...more

Stinson LLP

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Farrell Fritz, P.C.

Rescission of the Cole Memorandum and Consequences for the Marijuana Industry

Farrell Fritz, P.C. on

While marijuana is legal for medical and, in some instances recreational, use under the laws of 29 states plus the District of Columbia, under federal law it remains illegal....more

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