26 Fed. Sent'g Rep. 217 (2013-2014)
Guidance regarding Marijuana Enforcement

handle is hein.journals/fedsen26 and id is 230 raw text is: Guidance Regarding Marijuana Enforcement

U.S. Department of Justice
Office of the Deputy Attorney General
DEPUTY
ATTORNEY
GENERAL
The Deputy Attorney General                    ishington, D.C 20530
JAMES COLE
U.S. Deputy
August 29, 2013                                      Attorney General,
U.S. Justice
Department
August 29, 2013
MEMORANDUM FOR ALL UNITED ST               S ATTORNEYS
FROM:         James M. Cole
Deputy Attorne   eneral
SUBJECT:      Guidance Regarding Marijuana Enforcement
In October 2009 and June 2011, the Department issued guidance to federal prosecutors
concernmg marijuana enforcement under the Controlled Substances Act (CSA). This
memorandum updates that guidance in light of state ballot initiatives that legalize under state law
the possession of small amounts of marijuana and provide for the regulation of marijuana
production, processing, and sale. The guidance set forth herein applies to all federal enforcement
activity, including civil enforcement and criminal investigations and prosecutions, concerning
marijuana in all states.
As the Department noted in its previous guidance, Congress has determined that
marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious
crime that provides a significant source of revenue. to large-scale criminal enterprises, gangs, and
cartels. The Department of Justice is committed to enforcement of the CSA consistent with
those determinations. The Department is also committed to using its limited investigative and
prosecutorial resources to address the most significant threats in the most effective, consistent,
and rational way. In furtherance of those objectives, as several states enacted laws relating to the
use of marijuana for medical purposes, the Department in recent years has focused its efforts on
certain enforcement priorities that are particularly important to the federal government:
*  Preventing the distribution of marijuana to minors;
*  Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs,
and cartels;
*  Preventing the diversion of marijuana from states where it is legal under state law in
some form to other states;
*  Preventing state-authorized marijuana activity from being used as a cover or pretext for
the trafficking of other illegal drugs or other illegal activity;
Federal Sentencing Reporter, Vol. 26, No. 4, pp. 217-220, ISSN 1053-9867, electronic ISSN 1533-8363.
This material is in the public domain and may be reprinted.
For more information, see the Department of Justice Web site at
http://www.justice.gov/iso/opa/resources/3052O13829132756857467.pdf. DOI: lo.1525/fsr.2014.26-4.217.

FEDERAL SENTENCING REPORTER  * VOL. 26, NO. 4  * APRIL 2014

217

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