The cannabis industry has been a topic of controversy for decades, with some advocating for its legalization and others opposing it. Despite the growing acceptance of cannabis in many states, the federal government has been working to dismantle the industry. In this article, we will provide an overview of the federal government’s efforts to dismantle the cannabis industry.
The Controlled Substances Act
The Controlled Substances Act (CSA) is a federal law that classifies drugs into five schedules based on their potential for abuse and medical use. Cannabis is classified as a Schedule I drug, which means it is considered to have a high potential for abuse and no accepted medical use.
This classification has been a major obstacle for the cannabis industry, as it makes it illegal under federal law to produce, distribute, or possess cannabis. Despite this, many states have legalized cannabis for medical or recreational use, creating a conflict between state and federal law.
The Cole Memorandum
In 2013, the Obama administration issued the Cole Memorandum, which provided guidance to federal prosecutors on how to prioritize enforcement of federal cannabis laws. The memorandum stated that federal prosecutors should focus their resources on preventing the distribution of cannabis to minors, preventing revenue from going to criminal enterprises, preventing the diversion of cannabis to states where it is illegal, and preventing violence and other criminal activity associated with the drug trade.
The Cole Memorandum provided some relief to the cannabis industry, as it allowed states to legalize cannabis without fear of federal intervention. However, in 2018, the Trump administration rescinded the memorandum, signaling a shift in federal policy towards cannabis.
The Sessions Memo
In January 2018, then-Attorney General Jeff Sessions issued a memo directing federal prosecutors to enforce federal cannabis laws more aggressively. The memo instructed prosecutors to consider all relevant factors when deciding whether to prosecute cannabis-related crimes, including the seriousness of the offense and the deterrent effect of prosecution.
The Sessions memo was seen as a major setback for the cannabis industry, as it signaled a renewed commitment to enforcing federal cannabis laws. However, it was short-lived, as Sessions resigned later that year and was replaced by William Barr, who took a more hands-off approach to cannabis enforcement.
The MORE Act
In December 2020, the House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would remove cannabis from the list of federally controlled substances and allow states to legalize it without fear of federal intervention. The bill also includes provisions to expunge the records of those convicted of cannabis-related offenses and provide funding for communities impacted by the war on drugs.
While the MORE Act has yet to be passed by the Senate, it represents a significant shift in federal policy towards cannabis. If passed, it would provide much-needed relief to the cannabis industry and pave the way for further legalization efforts at the state level.
Conclusion
The federal government’s efforts to dismantle the cannabis industry have been a major obstacle for those advocating for its legalization. However, recent developments, such as the MORE Act, suggest that federal policy towards cannabis may be shifting. While there is still much work to be done, these developments provide hope for those seeking to reform federal cannabis laws.
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