Cannabis Law Glossary
Cole Memo
Definition
A 2013 DOJ policy memo that directed federal prosecutors to deprioritize cannabis enforcement in states with robust regulatory frameworks, focusing instead on eight priority areas.
What Is the Cole Memo?
The Cole Memo — formally the August 2013 memorandum from Deputy Attorney General James M. Cole — was a federal cannabis enforcement policy guidance document that directed U.S. Attorneys' offices across the country to deprioritize prosecution of marijuana offenses in states that had enacted robust legal frameworks.
The Eight Enforcement Priorities
The memo listed eight scenarios that would still warrant federal prosecution:
- Distribution to minors
- Revenue flowing to criminal enterprises
- Diversion to states where cannabis is illegal
- Use as a pretext for trafficking other drugs
- Violence or firearms
- Driving under the influence
- Growing on public lands
- Possession on federal property
Why It Mattered
For the first time, legal cannabis businesses operating under state law had a reasonable expectation they would not face federal raids and prosecution, provided they complied with state regulations. The memo effectively gave the legal cannabis industry room to grow from 2013 to 2018.
The 2018 Rescission
Attorney General Jeff Sessions rescinded the Cole Memo in January 2018, replacing it with a general-enforcement posture that applied standard DOJ prosecutorial discretion factors. Uncertainty returned briefly, but subsequent AGs largely maintained the status quo. The Ogden Memo (2009) preceded Cole and focused specifically on medical marijuana.
Related Terms
See also: [Ogden Memo](/glossary/ogden-memo), [Cole Memo Priorities](/glossary/cole-memo-priorities), [Controlled Substances Act](/glossary/controlled-substances-act)
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