Cole Memo

The Cole Memo is the August 29, 2013 memorandum issued by Deputy Attorney General James M. Cole titled "Guidance Regarding Marijuana Enforcement." The memo directed U.S. Attorneys to prioritize federal cannabis enforcement only against conduct implicating eight enumerated interests: distribution to minors; revenue to criminal enterprises; diversion to non-legal states; use of legal markets to cover other illegal activity; violence and firearms in cultivation/distribution; drugged driving and other public health consequences; growing on public lands; and possession or use on federal property. The Cole Memo was not binding law but articulated a de facto non-interference policy toward state-legal cannabis activity that complied with "strong and effective regulatory and enforcement systems." AG Jeff Sessions rescinded the Cole Memo on January 4, 2018 (the "Sessions Memo"). The Biden DOJ, under AG Merrick Garland, declined to issue a formal public replacement, though a February 2024 internal memo reportedly required U.S. Attorney approval before charging federal simple possession. AG Pam Bondi's DOJ rescinded that February 2024 guidance on September 29, 2025. As of April 2026, no overarching DOJ guidance governs state-legal cannabis enforcement; federal prosecutorial discretion is exercised district by district. *→ See also: DOJ, Rohrabacher-Farr Amendment, Reciprocity