all marijuana control rules Ministry of Justice (DOJ). The media reactions ranged from dealing with the Session notification only by trying to fear the cannabis industry to argue that it was the first step in the dismantling of the marijuana industry that could affect cannabis companies and users. Both possibilities are probably realistic. And the drama that followed Session's movements was quite satisfactory, even when Cory Gardner promised (and made ) to prevent DOJ appointments until the problem was resolved for the benefit of the states and culminated in the treaty With Trump back to legal marijuana. However, now that Sessions is at the helm of DOJ, industrialists can breathe a little easier when a new lawyer William Barr is logged in which states that state law to comply with Cannabis companies does not prosecute DOJ: and not mainly because the 2013 Cole Memo comes back from the dead.
By canceling all DOJ instructions on marijuana control, Sessions torpedoed the famous 2013 Cole Memorandum, which featured eight DOJs special control priorities in countries with legal marijuana and which showed that "robust" state rules would keep the DOJ bay in federal state implementation of the Law on Controlled Substances. Following the memorandum, the entire state built comprehensive cannabis licensing and taxation systems for these eight implementation priorities and ensured that compliance restrictions and entry barriers were strong enough to support the same. Instead, Sessions introduced " Memorandum of Sessions ", which was brief in detail. It does not contain a direct directive that requires US lawyers to leave marijuana companies. It just pulls out all previous marijuana-related instructions and directed US lawyers to deal with marijuana sales like any other federal crime. The canceled memos include the 2013 Cole Memorandum, the Cole Memorandum of February 2014, which extended the primacy of low implementation to banking (although the FinCEN guidelines are important still alive ); and the 2014 Wilkinson Memorandum, a kind of Cole Memo tribal countries .
Currently, US lawyers can decide to what extent they can / should implement federal law in the context of marijuana crimes in countries with legalization and medical – and they had always been – but the 2013 Cole Memorandum helped them prioritize certain marijuana issues. In his note, Sessions referred to the principles for implementation in the US Lawyers' Handbook but this document establishes the discretion and authority that each US lawyer already has. The Cole Memorandum was ultimately useful in providing a unified national federal policy. In Session Memo, we have returned to the day when we may have 93 different control practices – one for each US lawyer . So far, there have been no reports of Fed events that have occurred after state-owned cannabis operators in states that have legalized and regulated.
However, the new Sheriff is coming to the city and it could be a very good thing for the state's legalization, because the states know better what Big Brother is expected to be like marijuana companies and their investors. William Barr may end up as a very unlikely helper when it comes to legal cannabis. He was Bush I General Counsel in 1991-1993 and he was dyed a wool conservative, who, like a public prosecutor, was "pregnant" and put many, many people in jail. As Says Marijuana Moment Barr stated in mid-January with Congress that:
My approach would not be to upset the established expectations and dependent interests that have arisen as a result of the Cole Memorandum. . . In my view, however, the current situation is unsustainable and needs to be addressed. It's almost like a back gate that removes federal law. . .
Although Barr has also proven that he would not go after the "Cole Memorandum of Enterprises ." . . ”He was also unable to fully hit the state's legal cannabis. He also testified that “we should either have a federal law that bans marijuana everywhere I would support myself because I think there is a mistake when returning marijuana. However, if we want a federal approach – if we want states to have their own laws – then we get there and get there in the right direction. "
When tea leaves, it sounds personally that Barr would have no problem continuing the war on drugs on cannabis. In the department he oversees and orders, the DOJ is unlikely to spend time and valuable resources on state legal actors – although Barr is concerned that the current dynamic is growing "injustice to federal law". differ from each other, but I would say that most cannabis operators and states are well aware of federal law enforcement, and that is really a congress, DOJ and the president blame for creating legal confusion because of many years of implementation.
Finally, Barr's testimony finally serves the country that Congress has been unprofitable and ignorant when it comes to cannabis as a whole and especially when it comes to state rights. However, it is good to know that if Barr is confirmed, we will probably return to the 2013 Cole Memo principles, which create at least a political climate of assurance that the DOJ has larger fish than the state's legal marijuana. Right now Barr is pretty much the lock to the US prosecutor's office, so hopefully he's a good cannabis compromise.