Yesterday, Attorney General Jeff Sessions rescinded a trio of memos from the Obama administration that had adopted a policy of no-interference with marijuana- friendly state laws. Under the new guidance, U.S. Attorneys are directed to make their own judgements on what to prosecute. They are told to make decisions regarding what crimes to prosecute based on well-established principles and the availability of resources.
Shortly after the Session announcement, the acting US Attorney for Colorado released the following statement:
U.S. Attorney Bob Troyer Issues Statement Regarding Marijuana Prosecutions in Colorado
DENVER – U.S. Attorney Bob Troyer of the District of Colorado has issued the following statement regarding marijuana prosecutions:
“Today the Attorney General rescinded the Cole Memo on marijuana prosecutions, and directed that federal marijuana prosecution decisions be governed by the same principles that have long governed all of our prosecution decisions. The United States Attorney’s Office in Colorado has already been guided by these principles in marijuana prosecutions — focusing in particular on identifying and prosecuting those who create the greatest safety threats to our communities around the state. We will, consistent with the Attorney General’s latest guidance, continue to take this approach in all of our work with our law enforcement partners throughout Colorado.”
U.S. Attorney Bob Troyer, District of Colorado
Federal prosecutors have a lot of discretion, so neither the Cole memo nor this new announcement guarantee any change in actual prosecutions,” said a Law School professor.
The principles regarding “what to prosecute” include consideration of the “cumulative impact of the crime on the community.” We believe that it’s crucial that cannabis businesses pay close attention to compliance and professionalism in all aspects of business, including compliance with all state and federal laws and regulations.
Since 2014, the Rohrabacher-Farr amendment has prevented the Department of Justice from spending federal funds to prosecute cannabis-related activities if they are permitted under state-specific medical marijuana laws. The amendment has kept the DEA out of medical dispensaries across the country and has been re-inserted into every subsequent federal budget through January 19, 2018. The White House appears to be pushing for a clean funding bill for 2018 and a two year agreement around budget caps. We need congress to step in and make the Rohrabacher-Farr amendment a permanent law.
Please consider joining or contributing to the National Cannabis Industry Association, join today by clicking here https://thecannabisindustry.org/join-now/. The association is working hard to convince Congress to make the Rohrabacher- Blumenauer amendment permanent, along with fixing other major problems like the tax issues under IRS Code Section 280E.
Please contact us if you have any questions or concerns about this development.
Bridge West LLC