Does the Cole Memo change federal law?

• A. Yes, it changes federal law.
• B. It rescinds all state marijuana statutes.
• C. It delays enforcement actions indefinitely.
• D. No, it does not change federal law.

Answer: (D)

A policy memo guiding federal prosecutors does not change laws on the books. The Cole Memo, issued by the Department of Justice in 2013, laid out enforcement priorities and how prosecutors should exercise discretion in marijuana cases in states with legal marijuana under state law. It explains how enforcement should focus on public-safety concerns and the integrity of state regulatory systems, but it does not repeal or amend the Controlled Substances Act, nor does it rescind state statutes. It also doesn’t establish an indefinite delay of enforcement actions; it simply guides how enforcement discretion should be used within existing federal law. Because it is guidance rather than legislation, the federal legal framework remains unchanged by the memo.