California looks certain to return to the marijuana enforcement crackdowns of the 1980s and 1990s, as the U.S. Department of Justice released a memo this week reaffirming marijuana’s status as a controlled substance under federal law.
The June 29th memo, written by Deputy Attorney General James M. Cole, asserts that the federal government has the right to investigate and prosecute individuals involved in the manufacture and sale of cannabis, regardless of state laws allowing the sale and use of medical marijuana. Here is the relevant passage:
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. Consistent with resource constraints and the discretion you may exercise in your district, such persons are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct, including enforcement of the CSA.
Full memo after the jump: Continue reading








