WASHINGTON–The governors of four western states have sent a letter to U.S. Attorney General Jeff Sessions saying that any changes to “regulatory and enforcement systems” for marijuana by the federal government should be preceded by engagement with their states.
That’s especially true, the governors wrote, as doing so could pose safety risks to both the public and state regulators enforcing those systems.
Sessions has recently indicated a toughening of federal enforcement of marijuana-related laws and enforcement even as states loosen their own laws.
In a letter from the governors of Alaska, Colorado, Oregon and Washington to Sessions, the governors noted that the 2013 “Cole Memorandum” from the Justice Department struck a balanced that has been “indispensable – providing the necessary framework for state regulatory programs on public safety and health protections.”
That 2013 memo, named for then Deputy Attorney General James M. Cole, provided new guidance for federal prosecutors regarding marijuana enforcement. The guidance generally suggested that such state-licensed marijuana suppliers needn't worry about federal prosecution or asset forfeiture as long as they complied with state law and did not impinge upon federal "enforcement priorities."
But Govs. Bill Walker (I-AK), John Hickenlooper (D-CO), Kate Brown (D-OR) and Jay Inslee (D-WA) wrote that while the Trump Administration may have concerns regarding marijuana, altering the Cole Memo may not be the way to address those concerns.
“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the letter states. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”
The governors also noted that without related Financial Crimes Enforcement Network (FinCEN) guidance, financial institutions will be less willing to provide services to marijuana-related businesses. “This would force industry participants to be even more cash reliant, posing safety risks both to the public and to state regulators conducting enforcement activity,” they stated.
Finally, the governors reminded that to date 28 states representing more than 60% of Americans have authorized some form of “marijuana-related conduct.”