Evergreen
Cole Memo and federal enforcement priorities
Bob Hoban, Hoban Law Group · Last updated May 2026
On-record soundbite (1–2 sentences)
“The Cole Memo's rescission in 2018 produced far less federal enforcement disruption than many predicted — because federal prosecutors had already de-prioritized compliant state-licensed cannabis under resource constraints. What the rescission did do is remove the safe-harbor inference and put operators back in the position of relying on prosecutorial discretion rather than written policy.”
— Robert Hoban, Hoban Law Group
Extended quote (3–4 sentences)
“The Cole Memo's rescission in 2018 produced far less federal enforcement disruption than many predicted — because federal prosecutors had already de-prioritized compliant state-licensed cannabis under resource constraints. What the rescission did do is remove the safe-harbor inference and put operators back in the position of relying on prosecutorial discretion rather than written policy. The practical lesson: compliance with state law is not a federal defense, but it is the most powerful mitigating factor available. An operator who is licensed, transparent, and fully compliant with state requirements is an unattractive federal prosecution target compared to the unlicensed black market.”
— Robert Hoban, Hoban Law Group
Attribution
Robert Hoban, Founder and Managing Partner, Hoban Law Group. Quotes may be used in editorial coverage with this attribution line. For background briefings or custom quotes on adjacent topics, contact the press team.