Cannabis Law Glossary
Ogden Memo
Definition
A 2009 DOJ memorandum directing federal prosecutors not to target individuals acting in compliance with state medical marijuana laws, the predecessor to the Cole Memo.
What Is the Ogden Memo?
The Ogden Memo — issued October 19, 2009 by Deputy Attorney General David W. Ogden — was the first significant federal cannabis enforcement guidance from the Obama administration. It directed U.S. Attorneys not to prioritize prosecution of individuals "in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."
Scope and Limitations
The Ogden Memo was narrower than its successor, the Cole Memo. It applied specifically to medical marijuana patients and caregivers, and it was not intended to provide a safe harbor for large commercial operations. Federal prosecutors in states like California and Washington still pursued dispensary operators who were not clearly operating within state law.
Impact on the Industry
The Ogden Memo gave early-adopter states like Colorado and California greater confidence in building regulatory frameworks. It also opened the door for state legislatures to move toward broader medical programs, knowing that federal enforcement would focus on more egregious violations.
Relationship to the Cole Memo
The Cole Memo (2013) expanded and clarified the Ogden Memo's principles, extending enforcement deprioritization to adult-use markets as states began legalizing recreational cannabis.
Related Terms
See also: [Cole Memo](/glossary/cole-memo), [Controlled Substances Act](/glossary/controlled-substances-act), [Cannabis Rescheduling](/glossary/cannabis-rescheduling)
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