Obama Administration: Open Season on Pot Shops
Obama Administration Overrides 2009 Ogden Memo, Declares Open Season on Pot Shops in States Where Medical Marijuana Is Legal
“The Department of Justice sent out a memo Wednesday instructing the head of the Drug Enforcement Administration and leading officials in the U.S. Attorneys Office to treat medical marijuana shops as top priorities for prosecutors and drug investigators… . The memo, authored by Deputy Attorney General James M. Cole, ‘clarifies’ a memo released in 2009 that declared medical marijuana sales in states that have legalized it to be a low priority for law enforcement and prosecutors.”
The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug 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 Odgen Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law. Persons who are in the business of cultivating. selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law.