News & Analysis as of

Enforcement Actions Cole Memorandum

Foley Hoag LLP - Cannabis and the Law

Merrick Garland Signals New Stance on Marijuana Policy if Confirmed as Attorney General

Prior to his Judiciary Committee confirmation hearing last week, Judge Merrick Garland had not clarified his views on marijuana policy and how he would approach the issue if confirmed as Attorney General. However, after his...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

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

Bass, Berry & Sims PLC

DOJ Formalizes Previous Directives Regarding Limiting Use of Guidance Documents to Prove Violations of Law

Bass, Berry & Sims PLC on

In December 2018, the Department of Justice (DOJ) updated its Justice Manual to add Title 1-20.000 et seq., Limitation on Use of Guidance Documents in Litigation. This addition formalizes guidance provided in two previous...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As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year.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

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

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?

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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

Holland & Knight LLP

DOJ Reverses Course on Marijuana Enforcement

Holland & Knight LLP on

The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...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

Fisher Phillips

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

Foster Garvey PC

Cole Memorandum Rescinded

Foster Garvey PC on

U.S. Attorney General Jeff Sessions yesterday rescinded the Cole Memorandum, which had directed the federal justice department to de-prioritize the prosecution of federal marijuana laws in states where the use of marijuana...more

Fisher Phillips

AG’s Conflicting Marijuana Policy Comments Leave Some Dazed And Confused

Fisher Phillips on

If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more

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