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MEMORANDUM FOR UNITED STATES ATTORNEYS FROM US DEPT OF JUSTICESUBJECT: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use
The US Dept Of Justice The Ogden Memo PDF
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Legal Section Main Page
June
29, 2011
MEMORANDUM FOR UNITED STATES ATTORNEYS
SUBJECT: Guidance Regarding the Ogden
Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use
Over the last several months some of
you have requested the Department's assistance in responding to
inquiries from State and local governments seeking guidance about the
Department's position on enforcement of
the Controlled Substances Act (CSA) in jurisdictions that have under
consideration, or have implemented, legislation that would sanction and
regulate the commercial cultivation and distribution of
marijuana purportedly for medical use. Some of
these jurisdictions have considered approving the cultivation of
large quantities of
marijuana, or broadening the regulation and taxation of
the substance. You may have seen letters responding to these inquiries
by several United States Attorneys. Those letters are entirely consistent with
the October 2009
memorandum issued by Deputy Attorney General David Ogden to federal
prosecutors in States that have enacted laws authorizing the medical use of
marijuana (the "Ogden Memo").
The Department of
Justice is committed to the enforcement of
the Controlled Substances Act in all States. Congress has determined
that marijuana is a dangerous drug and that the illegal distribution and sale of
marijuana is a serious crime that provides a significant source of
revenue to large scale criminal enterprises, gangs, and cartels. The
Ogden Memorandum provides guidance to you in deploying your resources to
enforce the CSA as part of
the exercise of
the broad discretion you are given to address federal criminal matters
within your districts.
A number of
states have enacted some form of
legislation relating to the medical use of
marijuana. Accordingly,the Ogden Memo reiterated to you that
prosecution of
significant traffickers of
illegal drugs, including marijuana, remains a core priority, but
advised that it is likely not an efficient use of
federal resources to focus enforcement efforts on individuals with
cancer or other serious illnesses who use marijuana as part of
a recommended treatment regimen consistent with applicable state law,
or their caregivers. The term "caregiver" as used in the memorandum
meant just that: individuals providing care to individuals with cancer or
other serious illnesses, not commercial operations cultivating, selling or
distributing marijuana.
The
Department's view of the efficient use of limited federal resources as
articulated in the Ogden Memorandum has not changed. There has, however, been
an increase in the scope of commercial cultivation, sale, distribution
and use of
marijuana for purported medical purposes. For example, within the past 12
months, several jurisdictions have considered or enacted legislation to
authorize multiple large-scale, privately-operated industrial marijuana
cultivation centers. Some of
these planned facilities have revenue projections of
millions of
dollars based on the planned cultivation of
tens of
thousands of
cannabis plants.
The Ogden Memorandum was never intended to
shield such activities from federal enforcement action and prosecution, even
where those activities purport to comply with state law. Persons who are in
the business of
cultivating, selling or distributing marijuana, and those who knowingly
facilitate such activities, are in violation of
the Controlled Substances Act, regardless of
state law. Consistent with resource constraints and the discretion you
may exercise in your district, such persons are subject to federal enforcement
action, including potential prosecution. State laws or local ordinances are
not a defense to civil or criminal enforcement of
federal law with respect to such conduct, including enforcement of
the CSA. Those who engage in transactions involving the proceeds of
such activity may also be in violation of
federal money laundering statutes and other federal financial laws.
The Department of
Justice is tasked with enforcing existing federal criminal laws in all
states, and enforcement of
the CSA has long been and remains a core priority.
cc: Lanny A.
Breuer Assistant Attorney General, Criminal Division
B. Todd Jones United States Attorney District of
Minnesota Chair,
AGAC
Michele M. Leonhart Administrator Drug
Enforcement Administration
H.
Marshall Jarrett
Director Executive Office for United States Attorneys
Kevin L.
Perkins Assistant Director Criminal Investigative Division Federal
Bureau of
Investigations
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