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August 2, 2023 – While we all sit around and twiddle our thumbs waiting for the Congress to de-schedule cannabis, some western states are quietly investigating the possibility of interstate cannabis markets. It appears some states now feel comfortable enough to even pass legislation addressing this issue, including Oregon, Washington, and California.
How is this possible? We all know that state-legal cannabis cannot be sold across state lines, right? The now rescinded 2014 Cole Memorandum made this clear, noting it as one of the Department of Justice’s eight “law enforcement priorities.” As Cole noted, “preventing the diversion of marijuana from states where it is legal under state law in some form to other states” was of particular importance, and failure to do so could thus draw the ire of the DOJ and its immense law enforcement powers.
Because Cole guided U.S. Attorneys to focus both resources and efforts, including prosecution, on people or companies whose conduct interfered with any of Cole’s eight listed “priorities,” states heeded the warning, and designed regulatory frameworks with Cole’s eight priorities in mind. While Cole has since been rescinded by the short-lived anti-drug crusader, former U.S. Attorney General Jeff Sessions, it is well understood by regulators that many U.S. Attorneys continue to adhere to its principles. [Read More @ Reuters]
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