Introduction to Cannabis Policy
Cole Memo (2013):
Issued under the Obama administration, directed federal prosecutors to focus on serious crimes rather than state-legal cannabis operations.
Provided temporary protection to state-legal cannabis industries.
Rescission of Cole Memo (2018):
Under Attorney General Jeff Sessions, the Trump administration revoked the Cole Memo, creating uncertainty in the industry.
SAFE Banking Act:
Aims to allow cannabis businesses access to banking services without federal interference.
As of 2024, it remains in legislative limbo.
MORE Act (Marijuana Opportunity Reinvestment and Expungement Act):
Seeks to decriminalize cannabis federally and expunge certain cannabis convictions.
Passed in the House but stalled in the Senate.
Current Federal Stance (2024):
Cannabis remains a Schedule I substance, but public support for legalization has grown significantly.
As of 2024, 38 states have legalized cannabis for medical use, and 23 have legalized it for recreational use, creating tension between federal and state law.
Federal vs. State Conflict
Supremacy Clause: Federal law overrides state law, but federal enforcement has been inconsistent.
Interstate Commerce: Because cannabis is federally illegal, transporting it across state lines is prohibited, even between legal states.
Cannabis and Federal Employment
Cannabis use remains prohibited for federal employees and contractors, regardless of state legality.
Federal policies affect military personnel, transportation workers, and individuals in federally regulated industries.
This overview provides a foundation for understanding the complex and evolving legal status of cannabis in the U.S. Federal laws continue to conflict with state legalization efforts, making comprehensive reform an ongoing debate.
