Cannabis Law Glossary
Cole Memo Priorities
Definition
The eight specific federal enforcement priorities outlined in the 2013 Cole Memorandum that state-licensed cannabis businesses must avoid to minimize federal prosecution risk.
The Eight Cole Memo Enforcement Priorities
The 2013 Cole Memorandum directed U.S. Attorneys to focus federal cannabis enforcement resources on eight specific areas. State-licensed cannabis businesses that stayed clear of these priorities had a reasonable expectation of non-prosecution while the memo was in effect.
Priority 1: Distribution to Minors
Preventing distribution of marijuana to minors — sales or transfers to individuals under 21 (or under state age limits) remain a federal prosecution priority. This drove state requirements for robust age verification, ID checks at dispensaries, and product packaging designed to be childproof and non-appealing to children.
Priority 2: Revenue to Criminal Enterprises
Preventing revenue from cannabis sales from flowing to gangs, cartels, or other criminal enterprises. This priority reinforced the importance of ownership transparency, beneficial interest disclosure requirements, and divestiture of interests held by criminal enterprises.
Priority 3: Diversion to Non-Legalized States
Preventing cannabis from legal states from being diverted to states where it remains illegal. State tracking and "seed-to-sale" systems (METRC being the most common) were implemented in part to address this priority.
Priority 4: Pretext for Drug Trafficking
Preventing cannabis businesses from serving as cover operations for other controlled substance trafficking — particularly preventing dispensaries from being fronts for harder drug sales.
Priority 5: Violence and Firearms
Preventing violence and the use of firearms in cannabis cultivation and distribution — particularly addressing cartel-controlled grows on federal and state public lands.
Priority 6: Drugged Driving
Preventing driving under the influence of cannabis and other adverse public health consequences, including impaired driving. This drove state investment in roadside impairment testing and public safety campaigns.
Priority 7: Growing on Public Lands
Preventing cultivation on federal public lands, particularly National Forest land used by illegal outdoor grows.
Priority 8: Possession on Federal Property
Preventing cannabis possession or use on federal property, including national parks, federal buildings, military bases, and tribal land subject to federal jurisdiction.
Related Terms
See also: [Cole Memo](/glossary/cole-memo), [Ogden Memo](/glossary/ogden-memo), [Controlled Substances Act](/glossary/controlled-substances-act)
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Even post-rescission, these priorities reflect the key compliance areas regulators monitor. [Schedule a consultation](/consultation?source=glossary&term=cole-memo-priorities).
Authoritative Sources
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