Attorney General Merrick Garland Says Justice Dept. Intends To Address Cannabis Issues In The Coming Days

U.S. Attorney General Merrick Garland said the Department of Justice (DOJ) is examining cannabis policy and will be addressing the issue “in the days ahead.”

Garland's comments were a response to Sen. Brian Schatz (D-HI) who had asked whether the DOJ intended to reissue Obama-era guidance to federal prosecutors on cannabis enforcement priorities, which urged a hands-off approach in marijuana cases in states where it is legal. Known as the Cole Memo, Trump’s GA Jeff Sessions rescinded it the first chance he got.

Garland did not directly answer Sen. Schatz’s question, reported Marijuana Moment, but remained vague, saying “the Department is examining a range of issues that relate to marijuana and its production, sale, and use, and we intend to address these issues in the days ahead.”

Garland also reiterated that federal enforcement resources are not best used prosecuting nonviolent, low-level marijuana offenses, even in places where it is illegal.

“With respect to those jurisdictions where marijuana use and sales are lawfully regulated, there is even greater reason to conserve prosecutorial resources so that we can focus our attention on violent crimes and other crimes that cause societal harm and endanger our communities,” Garland said according to Politico.

At the Senate Appropriations subcommittee hearing where Schatz first raised the question of a possible reissuing of the Cole Memo, Garland said that the Justice Department “has almost never prosecuted use of marijuana, and it’s not going to be.”

Indeed, during his confirmation hearings in Feb. 2021, Garland spoke openly about his views on cannabis enforcement saying that low-level cannabis crimes would not be a priority of the Justice Department. He went even further in fact and highlighted the inequities in the system and the socioeconomic effects of those law enforcement efforts. 

Photo courtesy of US Embassy